Priya Gour
Published On: August 31, 2022 at 18:20 IST
The Supreme Court Bench of Justices Hemant Gupta and Sudhanshu Dhulia directed the Tamil Nadu government to submit its response in reference to a plea.
The plea was filed by Dr. Subramanian Swamy, challenging the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act XXII of 1959 (Act) providing power to the State government in Archakas (priests) recruitment in Hindu temples.
The petition submits that the challenged provisions are violative of Articles 14, 25, and 26 as they give unrestricted control over the appointments.
“Respondent-Government has taken over nearly 40,000 Hindu temples in the State of Tamil Nadu, in utter disregard of the rights of the Hindus in the State to profess, practice, and propagate their religion.”
“The government servants appointed under the Act, exercise various functions, including directly or indirectly appointing Archakas to these temples, in disregard to the customs followed in these.”
The petitioner stated that the appointment and role of Archakas in the temples is not a “secular activity.” The appointments cannot be carried out by the Government and must be performed by independent trustees of Hindu temples and religious institutions.”
The Constitution has already proved that management, administration, appointment, and dismissals of Archakas- Right to Practise, Profess, and Propagate Religion, Protected under Articles 25 and 26 of the Constitution.
“This Hon’ble Court has held that the Government does not have the power to indefinitely take over Hindu temples without cause, in derogation of the Constitutional and proprietary rights of the Citizens.”
And so, the above rights shall be violated if the Archaka are appointed by state officials.
“… a person who is not well versed with the rituals, agamas and methods of worship governing a temple, is appointed as its Archaka, it would amount to changing the religious character of the place of worship which ultra vires of Sections 3 and 4 of the Places of Worship Act, 1991.“
And, so directions be issued to strike down the challenged provisions of the Act and other related rules, being unconstitutional. And the state government be directed to not proceed with the appointment and dismissal of Archakas in temples.
Thereby, the court has restrained the Tamil Nadu Government over Archaka appointments for now.