Religious and charitable trusts in India often escape the statutory audit rigour applicable to public bodies. Critically examine, with a recent example.
In this answer
Public bodies face CAG audit and legislative scrutiny under Article 149, but religious and charitable trusts are policed mainly through self-procured, conditional audits under tax and endowment law. The Ayodhya donations row shows the gap is real, though not total.
Where the rigour is weak
- Conditional, private audit: a trust registered under Section 12A/12AB must file an audit report in Form 10B/10BB only where income before exemption exceeds the taxable threshold, certified by a chartered accountant of its own choice — not a public auditor [1].
- Anonymous donation blind spot: Section 115BBC keeps wholly religious trusts outside the 30% tax on anonymous donations, so hundi and cash receipts need no donor identification — the weakest traceability link in the chain [2].
- No legislative accountability: reports go to the tax department, not to Parliament or a State legislature, so no public Action Taken trail exists as for CAG-audited bodies [1].
Where oversight does exist
- Registration is revocable: 12AB registration runs for a limited term and exemption under Sections 11–12 can be withdrawn for misapplication of funds [3].
- Foreign funds are tightly held: under FCRA, associations file audited Form FC-4 returns, and the MHA can audit and inspect accounts under Sections 20 and 23 [4].
- Judicial-executive backstop: in the Shri Ram Janmabhoomi Teerth Kshetra Trust donations case, a Bench of CJI Surya Kant left the probe to a UP-police SIT, took its status report in sealed cover, and routed public suggestions through the Solicitor-General's office [5].
The example is instructive: oversight was triggered only after allegations and litigation, by an investigative agency — not by any routine audit. That is the core defect. A calibrated fix — extending mandatory annual disclosure of large donations, uniform accounting standards for high-receipt trusts, and independent audit of institutions handling mass public offerings — would protect donor confidence without intruding on Article 26 rights of religious denominations to administer their own property.
Sources
- 1Form 10B — Audit report under Section 12A(1)(b), Income Tax Departmentaudit required only above the exemption threshold, certified by a Section 288(2) accountant; filed with the tax department
- 2Section 115BBC, Income-tax Act — Income Tax Departmentwholly religious trusts excluded from tax on anonymous donations
- 3Taxability of income of charitable or religious trusts, Income Tax Department12A/12AB registration and withdrawal of Sections 11–12 exemption
- 4FCRA: Foreign Contribution (Regulation) Act — PIBaudited FC-4 annual returns; MHA audit and inspection powers under Sections 20 and 23
- 5Ram Mandir Donation Theft: Supreme Court Allows Public To Give Suggestions To Solicitor General Regarding SIT Probe (17 August 2026)CJI Surya Kant Bench, UP-police SIT, sealed-cover status report, SG's office as suggestion channel