2025 INSC 465
SUPREME COURT OF INDIA
(HON’BLE B.V. NAGARATHNA, J. AND
HON’BLE SATISH CHANDRA SHARMA, JJ.)
SH.DAYANANDA
SARASWATI SWAMIJI (DEAD) & ORS.
Petitioner
VERSUS
STATE OF TAMIL NADU
& ORS.
Respondent
Writ Petition (C) No.476 of 2012
With Writ Petition (C) No.1432/2019 Writ Petition (C) No.1147/2021 Writ
Petition (C) No.148 of 2024-Decided on 01-04-2025
Constitution
Law
Constitution of
India, Article 32, Articles 14, 19 (1)(g), 25, 26 and 31 (1)(a)(b) - Tamil Nadu
Hindu Religious and Charitable Endowments Act, 1959 - Puducherry Act of 1972 -
Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act,
1987 – Hindu Religious and Charitable Endowments - Vires of the statute – Challenge as to – Writ jurisdiction – Held that a more
effective manner of ventilating the grievances by the petitioners herein is to
assail the provisions of the respective Acts before the respective
jurisdictional High Courts so as to enable the High Courts to better appreciate
the dimensions of challenge of the provisions of the respective Acts - Writ
petitions disposed of by reserving liberty to the petitioners herein to file
their writ petitions before the respective High Courts.
(Para
5 and 6)
ORDER
1. The petitioners in each of
these writ petitions which were filed under Article 32 of the Constitution of
India have sought the following reliefs:
"WRIT PETITION (C)
NO.476/2012
(i)
declare that the Section 3(1), 3(4), 23, 24, 26, 32, 35, 36, 36-A, 36-B, 43-A,
45, 47, 49, 49-B, 50, 54 (1), 63, Sections 71-76, 92,97, 108 and 111 of the
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 Act as being
ultra vires Articles 14, 19 (1)(g), 25, 26 and 31 (1)(a)(b) of the Constitution
of India.
(ii)
declare that the Sections 8, 12, 13, 15, 17-19 & 22, 25, 29, 41, 49, 51-55,
66, 70 and 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions
and Endowments Act, 1987 [(Act 30 of 1987) as being ultra vires Articles 14,
19(1) (g), 25, 26 and 31 (1) (a) (b) of the Constitution of India.
(iii)
declare that the Sections 3A, 4, 8, 9, 11, 12, 13 and 14 of the Pondicherry
Act, 1972 as being ultra vires Articles 14, 19(1) (g), 25, 26 and 31 (1) (a)
(b) of the Constitution of lndia.
(iv)
that pending the hearing and final disposal of the Writ Petition, the
Respondents by themselves, their servants and agents be restrained from acting
in furtherance of the impugned Section 3(1), 3(4), 23, 24, 26, 32, 35, 36,
36-A, 36-B, 43-A, 45, 47, 49, 49-B, 50, 54(1), 63, Sections 71-76, 92,97, 108
and 111 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
Act.
(v)
that pending the hearing and final disposal of the Writ Petition, the
Respondents by themselves, their servants and agents be restrained from acting
in furtherance of the impugned Section 8, 12, 13, 15, 17-19 & 22, 25, 29,
41, 49, 51-55, 66, 70 and 87 of the Andhra Pradesh Charitable and Hindu
Religious Institutions and Endowments Act, 1987 [ (Act 30 of 1987) .
(vi)
that pending the hearing and final disposal of the Writ Petition, the
Respondents by themselves, their servants and agents be restrained from acting
in furtherance of the impugned Sections 3A, 4, 8, 9, 11, 12, 13 and 14 of the
Pondicherry Act, 1972
(vii)
that this Hon'ble Court may be pleased to pass such other as may be deemed fit
in the facts and circumstances of the case.
WRIT
PETITION (C) NO.1432/2019
i.
Issue a writ in the nature of certiorari in quashing Sections 1(3), 3, 23, 24,
25-A, 26, 27, 34, 34A, 34B, 34C, 34D, 35, 36, 45, 47, 48, 49, 49-B, 50, 52, 53,
54, 56(2), 57, 58, 59, 61, 63, 64, 65, 66, 67, 69, 70, 71-76 (including 75A,
75B and 75C) , 92, 97, 108 and 111 of the Tamil Nadu Hindu Religious and
Charitable Endowments Act, 1959 be declared ultra vires Articles 14, 19, 25,
26, 29, and 31A of the Constitution of India; and
ii.
Issue a writ in the nature of certiorari and quash the Utilization of Surplus
Funds Rules (G.O. Ms. No. 4524, Revenue, dated the 5th November, 1960) framed
under Section 36 of the Act as being unconstitutional; and
iii.
Issue a writ in the nature of certiorari and quash the Conditions for
Appointment of Executive Officers Rules, 2015 (G.O. Ms. No. 2 60, Tourism,
Culture and Religious Endowments (RE4-2), dated 6th November 2015) framed under
Sections 43A and 45 of the Act as being unconstitutional; and
iv.
Issue a writ in the nature of certiorari and quash the Appointment of Auditors
Rules (G.O. Ms. No. 3029, Revenue, dated the 20th July 1961) framed under
Section 87 of the Act as being ultra vires the Act; and
v.
Issue a writ in the nature of certiorari and quash the appointment of Executive
Officers made under Section 45 for the Tiruchendur Temple and the other major
Temples such as Sri Kantimatisameta Sri Nellaiappar Temple, Tirunelveli, Sri
Arthanareeswarar Temple, Tiruchengode, Sri Kallazhagar Temple, Azhagarkoil and
Sri Kothandaramaswamy Temple, Vaduvurto which such appointments were made with
effect from July 16, 1966 under Sections 75-A and 75-B of the Act; and
vi.
Issue a writ in the nature of mandamus and direct an investigation by a Special
Investigation Team headed by an officer of high integrity such as Shri
A.G.PonManickavel IPS, IG (Idol Theft Wing) of Tamil Nadu, into the conduct of
the Officers of the Hindu Religious and Charitable Endowments Department
insofar as the Sri Subrahmanya Swami Temple is concerned as well as other
public servants, including elected representatives, of the Respondent; and
vii.
Issue a writ in the nature of mandamus Direct external audit of the Temple for
the past five years through a reputed audit firm; and/or
viii.
Issue any such other writ or pass any such other or further order (s)
ix. and
direction (s) as this Hon'ble Court may deem fit and proper in the facts and
circumstances of the case and in the interest of justice.
WRIT
PETITION (C) NO.1147/2021
a) Issue
an appropriate writ, order or direction, striking down Sections 21, 23, 27, 28,
47, 49, 49B, 53, 55, 56, and 114 of the HRCE Act and all Rules, orders,
notifications issued under these sections as unconstitutional and ultra-vires
Articles 14, 25 and 2 6 of the Constitution.
b) Pass
appropriate writ, direction or order under Article 142 the Constitution of
India and mold the appropriate reliefs that will be in public interest while
upholding the Constitution of India.
c) Pass
any other directions or orders as may be deemed appropriate in the interest of
justice.
WRIT
PETITION (C) NO.148/2024
a) Issue
an appropriate writ, order or direction, striking down Telangana Hindu Religious
and Charitable Endowments Act, 1987, and all Rules, orders, notifications
issued under these sections as unconstitutional and ultra-vires Articles 14, 25,
2 6 and 31A of the Constitution.
b) Issue
an appropriate writ, order or direction Setting aside the Order dated 29th
December 2023 passed in Rc No. A2/13170/2023, and the Order dated 25th January
2024, in Rc No. D/1075/2019-3, passed by the Commissioner, Endowments Department,
Telangana.
c) Pass
any other directions or orders as may be deemed appropriate in the interest of
justice."
2. For ease of reference, the
headings of the provisions assailed under the three respective Acts are
extracted as under:
"Tamil
Nadu Hindu Religious and Charitable Endowments Act, 1959
CHAPTER
- I PRELIMINARY.
1.
Short title, extent, application and commencement.
xxx xxx
xxx
3.
Power to extend Act to Charitable Endowments
xxx xxx
xxx
CHAPTER
- III RELIGIOUS INSTITUTIONS. GENERAL PROVISIONS.
23. Power
and duties of Commissioner in respect of temples and religious endowments
24. Power
to enter religious institutions 25-A. Qualifications of trustees
26. Disqualifications
of trustees
27. Trustee
bound to obey orders issued under Act
xxx xxx
xxx
32. Trustee
to furnish accounts, returns, etc.
xxx xxx
xxx
34. Alienation
of immovable trust property 34A. Fixation of lease rent
34B. Termination
of lease of immovable property
34C. Payment
of amount
34D.
Bar of jurisdiction of Civil Court
35. Authority
of trustee to incur expenditure for securing health, etc., of pilgrims and
worshippers and for training of archakas, etc. ,
36. Utilisation
of surplus funds
36-A.
Utilisation of surplus funds for Hindu marriages
36-B.
Utilisation of surplus funds for making contribution towards any funds for the
purposes of feeding the poor etc. xxx xxx xxx
43-A.
Appointment and duties of Executive Officer in temples under Maths.
Religious
institutions other than Maths or Specific Endowments attached thereto.
44. Sections
45 to 58 not to apply to maths or specific endowments attached to maths.—The
provisions of sections 45 to 58 shall not apply to maths or specific endowments
attached to maths.
45. Appointment
and duties of Executive Officers
xxx xxx
xxx
47. Trustees
and their number and term of offices
48. Chairman
49. Power
of Assistant Commissioner to appoint trustees and fit persons
49-B.
Power of executive officer and Chairman of
Board
of Trustees not to implement order or resolution of the trustee or Board of
Trustees in certain cases
50. Power
under sections 47, 49 and 49-A to be exercisable notwithstanding provisions in
scheme
xxx xxx
xxx
52. Non-hereditary
trustees holding office on the date of the commencement of the Act
53. Power
to suspend, remove or dismiss trustees
54. Filling
up of vacancies in the offices of hereditary trustee
54(1)
.When a permanent vacancy occurs in the office of the hereditary trustee of a
religious institution, the next in the line of succession shall be entitled to
succeed to the office.
xxx xxx
xxx
56(2.
When a temporary vacancy occurs in such an office by reason of suspension of
the hereditary trustee under sub-section (2) of section 53, the next in the
line of succession shall be entitled to succeed and perform the functions of
the trustee until his disability ceases.
57. Power
to fix fees for services etc., and to determine their appointment
58. Fixing
of standard scales of expenditure
CHAPTER
IV MATHS.
59. Suit
for removal of trustee of math or specific endowment attached thereto
xxx xxx
xxx
61. Fixing
of standard scales of expenditure
xxx xxx
xxx
CHAPTER
V INQUIRIES
63. Joint
Commissioner or Deputy Commissioner to decide certain disputes and matters
64. Power
of Joint Commissioner or Deputy Commissioner to settle schemes
65. Power
of Commissioner to settle schemes
66. Appropriation
of endowments
67. Determination
and application of properties and funds of defunct religious institutions
xxx xxx
xxx
69. Appeal
to the Commissioner
70. Suits
and appeals
CHAPTER
VI NOTIFIED RELIGIOUS INSTITUTIONS.
71. Issue
of notice to show cause why institution should not be notified
72. Consideration
of objections, if any, and notification of institution
73. Scheme
to lapse on notification
74. Appointment
of salaried executive officer
75. Section
64 not to apply to notified institutions
75-A.
Notification under Chapter VI-A of Tamil Nadu Act II of 1927 to continue in
force
75-B.
Further continuance of notification under Chapter VI-A of Tamil Nadu Act II of
1927.
75-C.
Right to suit.
76. Saving
xxx xxx
xxx
CHAPTER
IX FINANCE
92. Religious
institution to pay an annual contribution to the Government xxx xxx xxx
CHAPTER
- X ENDOWMENTS ADMINISTRATION FUND
97. Creation
of Hindu Religious and Charitable Endowments Common Good Fund
xxx xxx
xxx
CHAPTER
- XI MISCELLANEOUS.
108.
Bar of suits in respect of administration or management of religious
institutions, etc. xxx xxx xxx
111.
Notifications, orders, etc., under Act not to be questioned in Court of Law
Andhra Pradesh
Charitable and Hindu Religious Institutions and Endowments Act, 1987
CHAPTER-II
COMMISSIONER,
ADDITIONAL COMMISSIONER, REGIONAL JOINT COMMISSIONER ETC., AND THEIR POWERS AND
FUNCTIONS
XXX xxx
xxx
8. Powers
and functions of Commissioner and Additional Commissioner
xxx xxx
xxx
12. Powers
of Commissioner etc., to enter and inspect institutions and endowments
13. Commissioner
etc., to observe appropriate forms, usages and practices
xxx xxx
xxx
CHAPTER-III
ADMINISTRATION AND MANAGEMENT OF CHARITABLE AND
HINDU
RELIGIOUS INSTITUTIONS AND ENDOWMENTS 15. Appointment of Board of Trustees
xxx xxx
xxx
17. Procedure
for making appointments of trustees and their term
18. Qualifications
for Trusteeship
19. Disqualifications
for Trusteeship
xxx xxx
xxx
22.
Vacancy in the office of trustee and filling of such vacancy
xxx xxx
xxx
25. Fixation
of dittam
xxx xxx
xxx
29. Appointment
and duties of Executive Officer
xxx xxx
xxx
41.
Power of Executive Officer not to implement resolution of the trustee or the
Board of Trustees in certain cases
xxx xxx
xxx
CHAPTER
- V MATHS AND SPECIFIC ENDOWMENTS ATTACHED THERETO
49. Fixation
of dittam
xxx xxx
xxx
51. Removal
of Mathadhipathi
52. Filling
of temporary vacancies in the office of the mathadhipathi
53. Filling
of permanent vacancies in the office of mathadhipathi
54. Nomination
of mathadhipathi
55. Power
of Commissioner to frame schemes
xxx xxx
xxx
CHAPTER
- VIII
FINANCE
66. Assessment
of contribution on the trustee
xxx xxx
xxx
7 0 . Common
Good Fund
xxx xxx
xxx
CHAPTER
-XII
ENQUIRIES
87. Power
of Deputy Commissioner to decide certain disputes and matters
Pondicherry
Hindu Religious Institutions Act, 1972
xxx xxx
xxx 3A. Powers and functions of Commissioner.
4. Board
of Trustees.
xxx xxx
xxx
8 . Duties
of trustees.
9. Appointment,
powers and duties of Executive officers.
xxx xxx
xxx
11. Payment
of contributions.
12. Recovery
of contributions, costs, charges and expenses.
13. Budget
of religious Institutions.
14. Accounts and audit."
3. We have heard learned senior counsel
for the petitioner(s) ,Dr. Subramanian Swamy, who has appeared as
petitioner-in-person, learned A.S.G. Sri K.M. Nataraj appearing for the Union of
India and Union Territory of Puducherry and learned senior counsel and learned
counsel appearing for the States of Andhra Pradesh, Tamil Nadu and Telangana as
well as the learned senior counsel and learned counsel who have filed application(s)
for intervention/impleadment at length.
4. Having regard to the challenge
made to various provisions of the Hindu Religious and Charitable Endowments Act
of the respective States, we find that the petitioners could be permitted to
approach the respective State High Courts to assail the said provisions since
the scheme of the respective Scheme Acts may be distinct.
5. It is noted that in these
petitions, the provisions which are under challenge are not only pertaining to
the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 but also the
Puducherry Act of 1972 as well as the Andhra Pradesh Charitable and Hindu
Religious Institutions and Endowments Act, 1987. We find that a more effective
manner of ventilating the grievances by the petitioners herein is to assail the
provisions of the respective Acts before the respective jurisdictional High
Courts so as to enable the High Courts to better appreciate the dimensions of
challenge of the provisions of the respective Acts.
6. In the circumstances, we dispose
of these writ petitions by reserving liberty to the petitioners herein to file their
writ petitions before the respective High Courts.
7. It is needless to observe that
if such writ petitions are filed by the petitioners herein before the respective
High Courts, the same could be considered having regard to the various
dimensions of the provisions in light of the socio-economic, cultural and
religious aspects of the matter which are all in essence historical aspects of
the matter including the judicial verdicts of the Courts.
8. The High Courts are also free
to constitute an Expert Committee so as to have assistance of the
recommendations said Committee for the purpose of deciding the cases, if they
so think fit.
9. These Writ petitions are
disposed of in the aforesaid terms.
All pending application(s)
including the application(s) for intervention/impleadment shall stand disposed
of.
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