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Article 26 under siege at Prayagraj Mela: A bizarre state assault on Hindu autonomy

By Onkareshwar Pandey
 
In the era of a self-proclaimed Hindu dispensation—under Prime Minister Narendra Modi and Chief Minister Yogi Adityanath—a Shankaracharya has been asked by Mela officials to “prove” his spiritual legitimacy. This alone should alarm anyone who understands the Constitution, Hindu tradition, or the limits of state power.
Swami Avimukteshwaranand Saraswati is not a fringe figure. He is a consecrated Shankaracharya whose blessings the Prime Minister himself has publicly sought. His appointment was conducted through established Vedic rites, supported by fellow Shankaracharyas, recorded by the Supreme Court, and acknowledged by the Uttar Pradesh government’s own official publications. Yet a notice from the Prayagraj Mela Authority demands documentary proof of his spiritual office—as if Dharma were a municipal license.
One must ask: by what constitutional authority does a Mela officer interrogate Hindu faith?
This is not administrative routine. It is a direct collision between Rajdanda—the coercive power of the state—and Dharmadanda, the moral and spiritual authority that Hindu tradition has always kept beyond kings and governments. The Indian Constitution, wisely, enshrines this separation.
Article 26 guarantees every religious denomination the right to manage its own affairs in matters of religion. Appointment and succession to offices like that of a Shankaracharya lie squarely within this protected domain. The Supreme Court settled this question seven decades ago in Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar (1954), holding that no external authority has jurisdiction over essential religious rites and offices. Consecration of a Shankaracharya is precisely such a rite.
To ignore this is not ignorance; it is constitutional contempt.
When Empires Refrained, Why This Zeal?
History deepens the irony. Akbar’s fort still overlooks Prayagraj, a reminder of Mughal sovereignty. Yet neither Akbar nor Aurangzeb ever demanded that saints prove their spiritual status. Farmans relating to institutions like Jangambari Math show that even imperial administrations respected internal religious succession. Their role was logistical—security, facilities—not theological arbitration.
British colonial rule, hardly sympathetic to Hinduism, went further in legal clarity. The Religious Endowments Act of 1863 recognized offices such as Shankaracharya as “Corporation Sole,” sovereign religious positions immune from bureaucratic meddling.
What foreign rulers refrained from doing, a “Hindu government” now dares.
The contradiction becomes starker when viewed against present political realities. Chief Minister Yogi Adityanath himself rose from being Mahant of the Gorakhpur Peeth to constitutional office. Under his administration, however, a subordinate Mela official presumes authority to question a Shankaracharya’s legitimacy. If this is not institutional hypocrisy, what is?
Law Ignored, Files Suppressed
The legal defence offered by the administration collapses on scrutiny. Officials cite a Supreme Court order of 14 October 2022, conveniently ignoring that Swami Avimukteshwaranand’s consecration took place on 12 September 2022—well before the order, which was explicitly prospective. Law does not run backwards.
Advocate Anjani Kumar Mishra, in his reply dated 20 January 2026, lays this bare: the consecration was public, supported by three Shankaracharyas, noted by the Supreme Court on 21 September 2022, and remains sub judice. Interference at this stage is not merely illegal—it borders on contempt of court.
The so-called “lack of proof” is a manufactured excuse. Written confirmation from Sringeri Peeth, recognition by the Bharat Dharma Mahamandal, official listing in the Uttar Pradesh Magh Mela guide, and public honour by the Prime Minister himself form a record thicker than most bureaucratic files. These documents were not absent; they were ignored.
Curiously, the same administration shows no urgency in acting against self-styled impostors freely misusing religious titles. Selective scrutiny exposes selective intent.
The Unspoken Motive
Why now? Why him?
Swami Avimukteshwaranand has been an inconvenient voice. He questioned the scriptural validity of the Ayodhya consecration in an incomplete temple. He criticised the destruction of ancient idols during the Kashi Vishwanath Corridor project. He opposed the demolition of smaller temples around Ayodhya, demanded accountability over missing gold at Kedarnath, and even rebuked opposition leaders for theological inconsistency.
In short, he refused political alignment—whether with the ruling party or its rivals. That independence appears to be his real offence.
While glamour models, influencers, and politicians are welcomed at the Mela with luxury tents and security perimeters, a Shankaracharya arriving with a modest entourage of disciples is obstructed. This contrast speaks louder than any official explanation.
A Dangerous Precedent
If a Shankaracharya can be asked to prove his legitimacy today, a priest may be asked for a license tomorrow, and a temple may be told to justify its rituals the day after. This is not governance; it is the creeping nationalisation of faith.
The Constitution does not permit this. Hindu tradition does not survive this. And democracy does not benefit from this.
Swami Avimukteshwaranand’s authority does not arise from a stamped paper but from scripture, lineage, guru-shishya tradition, and the faith of millions. These are truths no magistrate can certify or cancel.
History rarely forgives those who confuse power with authority. The Prayagraj Mela Authority’s notice will endure as a cautionary tale—of how easily Rajdanda overreached Dharmadanda, and how silently many watched it happen.
The astonishment is not only in the act, but in the silence of Hindu organisations that claim to be guardians of tradition. Silence, too, is a verdict.
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Onkareshwar Pandey is a journalist of four decades in Hindi and English, having served as editor across print, television, digital media, and news agencies. He has authored and edited 13 books and founded 11 knowledge networks, including the Commonwealth Thought Leaders Forum

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