SC notice to Tamil Nadu govt on plea against state taking control of nearly 40K temples

The Supreme Court on Monday issued a notice to the Tamil Nadu government on a plea by BJP leader Subramanian Swamy challenging the validity of a government order giving control of nearly 40,000 Hindu temples to the state.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia also sought a reply from the state government his plea questioning M K Stalin government's law allowing appointment of non-brahmins as 'archakas' at the temple.

The plea challenged various sections of the Hindu Religious and Charitable Endowments Act, passed by the Tamil Nadu government.

“By exercising its powers under the various provisions of the Act, the 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,” Swamy’s plea claimed.

It further added that the government servants appointed under the Act, exercised various functions, including directly or indirectly appointing archakas to these temples, in disregard to the customs followed in these temples or the agamas governing these temples.

The plea submitted that if 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 is ultra-vires Section 3 and 4 of the Places of Worship Act, 1991.

The petitioner also submitted that management and administration of temples and dismissal of archaks are a part and parcel of right to practice, profess and propagate religion protected under Articles 25 and 26 of the Constitution.