Supreme Court to examine 2012 plea challenging validity of laws regulating Hindu temples in South India

New Delhi: The Supreme Court has decided to examine pleas challenging the constitutional validity of laws that regulated the administration of Hindu temples and religious endowments in Tamil Nadu, Andhra Pradesh, Telangana, and Puducherry.

A bench of Justices B V Nagarathna and Satish Chandra Sharma on Monday recalled their earlier order of April 1, 2025 by allowing the review petitions.

The court then directed the petitioners to approach the respective High Courts, instead of entertaining the writ petitions.

The 2012 petitions had challenged provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, the Pondicherry Hindu Religious Institutions Act, 1972 and the Telangana Hindu Religious and Charitable Endowments Act, 1987.

The review petition contended, "The fundamental error apparent on the face of the record is the observation by this court that the scheme of the three laws ‘may’ be distinct. Hence, petitioners were left to exercise their liberty in accordance with Article 226 of the Constitution. This assumption is incorrect."

The plea contended that the apex court's decision to send the petitioners back to the High Court after 13 long years of pendency before this court and after all pleadings were complete, was the manifest miscarriage.

"The assumption that the Acts “may” be distinct is mistaken. The three enactments follow a common scheme and a uniform pattern because they have a common origin: the Madras Hindu Religious and Charitable Endowments Act, 1951 and 1959 Act. These Acts have the unique distinction of being struck down, twice by this court and at least thrice by the Madras High Court," the plea said.

The plea said each Act contained provisions for the appointment of executive officers and the invasive powers of the commissioner under the three enactments are identical.

“For instance, the power to enter religious institutions exercisable by the Commissioner is same across all three laws. Powers are conferred under each Act on secular authorities to judicially decide religious matters. A power is also conferred under each Act to levy an excessive fee for services rendered in violation of Article 27," the plea said.

The petitioners moved the apex court claiming these provisions violate Articles 14 (right to equality), 19 (freedom of profession), 25, 26 and 31A of the Constitution.

The plea said the court failed to consider that provisions of each State enactment have already been dealt with by the High Court or this court at various stages in the past.

The Madras High Court has already declared substantial provisions of the Madras Hindu Religious & Charitable Endowments Act, 1951 Act as unconstitutional. These very offending provisions have been reintroduced in the Tamil Nadu Act, 1959, the plea said.