SC issues notice to the Government on petition against ‘Telangana Hindu Religious and Charitable Endowments Act 1987’

New Delhi – The apex Court issued a notice to the Telangana Government over the petition challenging the Constitutional validity of the ‘Telangana Hindu Religious and Charitable Endowments Act 1987’. The petition was filed on behalf of the priests of Shri Veerabhadra Swamy Temple. Apart from challenging the constitutionality of the act, the petition also challenged order of the Commissioner of Endowments to appoint an Executive Officer in the temple. The Supreme Court while issuing the notice also stayed the appointment of the Executive Officer.

1. The petition claimed that through the appointment of the Executive Officer, the Telangana Government is attempting to take over the Hindu temple and remove the current administrators and priests. They argued that the Government order violated Articles 14 (Equality before law), 25 (Freedom of conscience and free profession, practice and propagation of religion), and 26 (Freedom to manage religious affairs) of the Indian Constitution. The petition said that the management and administration of a temple are an essential part of the right to religion.

2. The petition referred to the arguments of the case of ‘Pannalal Bansilal Pitti against the Andhra Pradesh Government (1996)’ that managing the temple is not the job of a secular Government. That administration of the temple is integral to the right of religion. The Government can take control of the administration only to improve and stop the mismanagement of the funds of the temple. Then once they have been set right, return the management of the temple to the temple administrators. Taking over the temple administration for an indefinite period is an overturning of the fundamental rights of the people.

3. The Government has misused the points of the law and appointed an executive officer to take over the administration of the temple, says the petition

What is the ‘Telangana Hindu Religious and Charitable Endowments Act 1987’ ?

‘Under the said act, the Government has unfettered powers to supersede the administration of any temple and to replace the management of any temple with a board of trustees of their choice, run by an Executive Officer, under the directions of the Government. This power can be exercised under the act, without the need for any cause, or reason, in a completely arbitrary fashion, the plea stated. The petition further stated that the Government had misused the provisions of this act and appointed an Executive Officer to take charge of the temple without prescribing any cause and in perpetuity.

Editorial Perspective

Such laws will be scrapped in the Hindu Rashtra !