"India A Secular Country" Madras HC Rejects Plea To Bar CM MK Stalin From Heading A Committee Unless He Takes Pledge Before Hindu God

Emphasizing that India is a Secular Country and that secularism implies tolerance for other religions, the Madras High Court today dismissed a Public Interest Litigation plea which urged to restrain Tamil Nadu Chief Minister MK Stalin from heading an advisory committee unless he took a pledge before a Hindu god.

The Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu further observed thus:

"There has to be a time when the prejudice and vendetta have to be shed particularly when it comes to practicing the religion. This is a Secular country and Secularism implies tolerance for the other religion. This country also provides for freedom of expression to its citizens, which, in turn, implies lending an ear to the other point of view."

The plea filed by one S. Sridharan averred that since the Chief Minister of Tamil Nadu Mr. M.K. Stalin belongs to another religion and is a non-believer, therefore, he cannot be allowed to head an advisory committee as mandated under Section 7 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

It may be noted that Section 7 (1)(a) of the Act states that the State's Chief Minister shall be the ex officio Chairman of the Advisory Committee constituted under the Act.

Refuting his prayer in the strongest terms, the Bench said even the Constitution of India permits a person to take the oath of office either in the name of God or in the name of the Constitution of India.

Importantly, the Court further said thus:

"Even the Constitution of India permits the oath of office to be taken either in the name of God or in the name of the Constitution. It does not appear that any religion preaches narrow-mindedness or requires followers of other religions or faith to be hurt or injured. The sentiment expressed in the petition cannot be appreciated in this day and age.".

Further, the Court also barred him from filing another Public Interest Litigation for a period of five years from date without obtaining the previous permission from the relevant Bench.