The Ideally suited Court docket on Monday revived a batch of petitions difficult the constitutional validity of regulations that keep watch over the management of Hindu temples and spiritual endowments in Tamil Nadu, Andhra Pradesh, Telangana and Puducherry. The Court docket will come to a decision validity of state keep watch over over Hindu temples in 3 South states of the rustic.
A Bench of Justices BV Nagarathna and Satish Chandra Sharma recalled their previous order from April 2025, which had directed the petitioners to method the respective Top Courts.The verdict to recall the similar was once taken on assessment petitions difficult the Court docket’s April 2025 order.
The principle petitions, courting again to 2012, had been filed difficult provisions of the Tamil Nadu Hindu Spiritual and Charitable Endowments Act, 1959, the Andhra Pradesh Charitable and Hindu Spiritual Establishments and Endowments Act, 1987, the Pondicherry Hindu Spiritual Establishments Act, 1972 and the Telangana Hindu Spiritual and Charitable Endowments Act, 1987.
The provisions below problem handle the powers of Commissioners, appointment of government officials and trustees, audit of temple accounts, use of surplus budget, alienation of temple assets and State supervision over Hindu non secular establishments.
The petitioners moved the Court docket contending that those provisions violate Articles 14 (proper to equality), 19 (freedom of career), 25, 26 and 31A of the Charter.Article 25 protects the fitting to freely profess, practise and propagate faith. Article 26 protects the fitting of spiritual denominations to regulate their very own affairs in issues of faith.
Within the lead petition, the petitioners challenged provisions of the Tamil Nadu, Andhra Pradesh and Puducherry regulations. A attached petition additionally challenged the Telangana Hindu Spiritual and Charitable Endowments Act, 1987
By way of its April 2025 order, the Ideally suited Court docket didn’t come to a decision the constitutional problem on deserves.As a substitute, it held that the petitioners may method the respective Top Courts for the reason that schemes of the State enactments “could also be distinct.” The Bench mentioned the Top Courts can be higher positioned to inspect the problem to the regulations acceptable of their respective jurisdictions.
The Court docket had additionally noticed that if such petitions had been filed, the Top Courts may believe the problem in gentle of the socio-economic, cultural, non secular and ancient facets of the topic, together with previous judicial verdicts. It additionally left it open to the Top Courts to represent skilled committees for help, if required.
The petitioners then filed assessment petitions towards the similar.The similar had been heard in open court docket.In assessment, the petitioners argued that the April 1 order proceeded on a wrong assumption that the schemes of the regulations could also be distinct.
In keeping with them, the Tamil Nadu, Andhra Pradesh and Puducherry enactments observe a not unusual scheme and feature a not unusual beginning within the Madras Hindu Spiritual and Charitable Endowments regulations.They mentioned the regulations comprise corresponding provisions at the appointment of government officials, powers of Commissioners, access into non secular establishments and levy of charges.
The assessment petition mentioned the topic have been pending prior to the Ideally suited Court docket for 13 years and that sending the petitioners to other Top Courts at this degree would purpose hardship and multiplicity of court cases.
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