Supreme Court Issues Notice To TN Govt On Subramanian Swamy's Plea Challenging Govt Control On Archaka Appointments In Hindu Temples

A Bench of Justices Hemant Gupta and Sudhanshu Dhulia also issued notice in a plea seeking interim relief to restrain Tamil Nadu Govt from exercising powers over Archaka appointments, while tagging the matters with similar matter form 2012.

Dr Swamy appeared as a party-in-person before the bench, assisted by Advocate Satya Sabharwal

The petition submits that the challenged provisions are violative of Article 14, 25 and 26 as they grant the Respondent government absolute control over the appointment and dismissal of Archakas in the Hindu Temples of Tamil Nadu.

"By exercising its powers under the various provisions of the Act, the Respondent-Government has taken over nearly 40,000 Hindu temples in the State of Tamil Nadu, in utter disregard of the rights of the Hindus in the State to profess, practice and propagate their religion. The government servants appointed under the Act, exercise various functions, including directly or indirectly appointing Archakas to these temples, in disregard to the customs followed in these temples or the agamas governing these temples", the plea states.

The petitioner additionally submits that appointment and role of Archakas in the temples do not fall within the definition of a "secular activity."

"The petitioner further submits that even if the same is considered to be a "secular" activity, it cannot be taken over and carried out by the Government and can be performed by independent trustees of Hindu temples and religious institutions."

Also, the management and administration of temples and appointment and dismissals of Archakas are constitutionally protected, the plea added.

"The petitioner submits the management and administration of temples and appointment and dismissals of Archakas are a part and parcel of the right to practise, profess and propagate religion, protected under Articles 25 and 26 of the Constitution…This Hon'ble Court has held that the Government does not have the power to indefinitely take over Hindu temples without cause, in derogation of the Constitutional and proprietary rights of the Citizens."

Also,  appointing Archakas by an officer of the government without due regard and care to these customs and Agamas would lead to defilement of the idol of the temple and infringe upon the rights under Article 25 and 26 of the Hindu devotees, the petition argued.

"It is submitted that if a person who is not well versed with the rituals, agamas and methods of worship governing a temple, is appointed as its Archaka, it would amount to changing the religious character of the place of worship which ultra vires of section 3 and 4 of the Places of Worship Act, 1991."

On these grounds, the petition seeks a direction to strike down the challenged provisions of the Act and all related rules as unconstitutional.

As for interim relief, the petition seeks a temporary injunction order against the respondent government of Tamil Nadu and its officers, restraining them from appointing and dismissing Archakas in temples within the state.