Malankara Orthodox-Jacobite Church Dispute : Supreme Court Directs Status Quo; Seeks Data On Population & Assets Of Both Denominations

After a long hearing which went on for over one and a half hours, the Supreme Court on Tuesday (December 17) adjourned the hearing in the dispute between the Malankara Orthodox and Jacobite Churches, directing that the status quo with respect to the management and the administration of the churches, as they exist today, should be maintained till the next date of hearing.

In the event of any untoward incident, the State can intervene, the Court clarified.

A bench comprising Justices Surya Kant and Justice Ujjal Bhuyan posted the matters for detailed hearing on January 29 and 30, 2025. The bench also asked the State of Kerala to furnish the data regarding the population( preferably sub-region/gram panchayat-wise) of both Orthodox and Jacobite denominations; the list of churches under the complete administrative control of both the sections; the list of churches where the management is under dispute and their current status of administrative control.

The bench also granted liberty to both parties to place on record their respective parish registers.

"The private parties are directed to maintain the status quo in re : management and administrative control as it exists now. The state can intervene as and when required," the Court observed in the order.

When Senior Advocate Chander Uday Singh (for the Malankara sect) requested the Court to direct the continuation of the order passed on December 3 (which directed the Jacobite sect to hand over the administration of six churches to the Malankara sect), instead of ordering status quo, Justice Kant orally said, "both parties have directly or indirectly expressed difficulties in complying with the order."

"We don't want any untoward incident. We are strengthening the hands of the administration," Justice Kant added. Justice Kant asked Senior Advocate Kapil Sibal(for the State of Kerala) to ensure that a reconciliation is brought between the rival factions.

Though Senior Advocate Krishnan Venugopal (for the Malankara sect) requested a clarification that the status quo order is in respect of the six churches in dispute in the present petitions, the bench declined.

The bench was essentially hearing the petitions filed against the Kerala High Court's direction directing the officials to take over the administration of three churches each in Ernakulam and Palakkad districts from the Jacobite group. On December 3, the Court, observing that the Jacobite members were prima facie in contempt, directed them to hand over the administration of six churches. The Court also asked the Malankara sect to allow the Jacobite members to use the schools and burial grounds in the church compound.

What happened in today's hearing?

Senior Advocate Chander Uday Singh, for the petitioners from the Malankara Orthodox Church, submitted that the Jacobite Church members have not complied with the December 3 order of the Supreme Court to hand over the administration of the churches. Since they have not complied with the Court's direction, they should not be heard, Singh urged.

Senior Advocate Shyam Divan, for the Jacobite Church members, brought the attention of the Court to the affidavit filed by the supreme head of the Malankara Church, which expressed difficulties in complying with the Court's direction to allow Jacobite members to use the cemeteries. As per the said affidavit, the ownership of the burial grounds was also finally settled by the Supreme Court in the 2017 judgment.

Justice Kant asked if the Malankara church wanted to "wriggle out" of the Court's direction.

"For the purpose of burying, if they bring their own priests and perform the ceremonies, what is the problem?" Justice Kant asked the Malankara side. "That is a serious problem," said Senior Advocate Krishnan Venugopal, for the Malankara side.

"So long as they perform the services elsewhere, they can be permitted to bury in the cemeteries," he added.  He submitted that the performance of rituals of the other sect cannot be permitted within the Church premises. He added that the State Government passed a law in 2020 regarding burial grounds to support the Jacobite sect and argued that the law violated the 2017 verdict.

Justice Kant said that the December 3 order was passed only as an interim arrangement, without prejudice to the contentions of the parties. 

Venugopal then took the bench through the provisions of the Kerala Right to Burial of Corpose in Christian (Malankara Orthodox-Jacobite) Cemeteries Act, 2020 and said that the validity of the Act has been challenged in the Kerala High Court. "We will not hinder the burial of the members of the Jacobite church in cemeteries belonging to Malankara church so long as the funeral services are held elsewhere. This arrangement had been going on since 2020," he said.

During the hearing, the bench sought to know the population of both factions.

Singh submitted that the 1995 judgment held that the 1934 constitution was binding on the entire Malankara Church. In 1996, the constitution was amended to make it truly representative. He added that there is a decree passed by the Supreme Court which incorporated the condition that a person holding office (priests, vicar, etc.) in the Malankara church administration has to swear an oath of allegiance to the 1934 constitution. He therefore submitted that no funeral service can be performed in the Malankara church by a priest who does not swear allegience to the 1934 constitution and was not appointed as per the said constitution.

Justice Kant then expressed that the matter can be posted for detailed hearing after the winter vacations. "After hearing for an hour or 2, it appears we might have to take a detour. Better we take after vacation," he said before dictating the order.

Senior Advocate S Sreekumar (for Malankara), Senior Advocates Ranjit Kumar and PV Dinesh (for Jacobite) also made submissions.

Case Details: V Venu and others v. St.Mary's Orthodox Church (Odakkal Palli)., SLP(C) No. 26064-26069/2024