Supreme Court Has Issued Notice To The Tamil Nadu Govt
Supreme Court has issued notice to the Tamil Nadu government.
SC notice to the state government on the law to take control of temples in Tamil Nadu, ban on the appointment of priests in temples.
The Supreme Court has issued notice to the state government on a petition by BJP leader Subramanian Swamy challenging the law to take control of temples in Tamil Nadu.
Along with this, the court has also issued notice on the interim demand to restrain the state government from appointing priests in temples.
Swamy has challenged certain sections of the Hindu Religious and Charitable Endowment (HRCE) Act of Tamil Nadu.
The petition has sought quashing of these provisions, saying that they violate the right to Article 14 (equality) and 25, 26 (religious freedom) of the Constitution.
On Monday, the matter came up for hearing before a bench of Justices Hemant Gupta and Justice Sudhanshu Dhulia.
While issuing notice on the petition, the court ordered to put it up for hearing along with the petitions already pending in the same matter.
The government ignored the fundamental right to freedom of religion.
Swamy challenged the Tamil Nadu law in the petition, saying that through this law the state government has taken control of about 40,000 Hindu temples.
In doing so, the state government has neglected the fundamental right of Hindus to freedom of worship, management of the religious institutions,s and propagation of religion enshrined in the Constitution.
Under this law, a government servant can be appointed for the management and work of the temple, which includes, directly or indirectly, the appointment of priests in the temple.
Sections 47 and 49 of the Act empower the state government and its officials to appoint trustees in a Hindu temple.
Section 48 empowers the state government to appoint the chairman of the board of trustees of the temple.
Section 53 empowers the state government to remove, dismiss and suspend the trustee in a Hindu temple.
Sections 21 and 23 empower the commissioner to inspect Hindu temples and Hindu religious institutions. Section 27 says that the orders of the government shall be binding on the trustees.
The petition states that the management of the temple comes under religious freedom and the right to manage the religious institution.
The petition has sought to declare sections 21, 23, 27, 28, 47, 49, 49B, 53, 55, 56, and 114 of the Hindu Religious and Charitable Endowment (HRCE) Act of Tamil Nadu as unconstitutional.
