1996 (3) TMI 580 - SC - Indian Laws

Court Upholds Abolition of Hereditary Rights for Temple Priests, Affirms Secular Regulation of Appointments and Qualifications.

A.S. Narayana Deekshitulu Versus State of Andhra Pradesh and Ors.

The judgment upheld the constitutionality of abolishing hereditary rights of archakas under the Andhra Pradesh Charitable and Hindu Religious Institutions ... - Issues Involved:1. Constitutionality of abolishing hereditary rights of archakas and other office-holders under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act.2. Whether the abolition of hereditary rights interferes with religious practices protected under Articles 25 and 26 of the Constitution.3. The distinction between religious service and secular aspects of the office of archaka.4. The legality of abolishing emoluments attached to hereditary offices.5. The validity of regulations regarding qualifications and appointments of archakas.6. The impact of abolishing hereditary rights on temple management and religious practices.7. The role of secularism and dharma in interpreting religious freedom under the Constitution.Detailed Analysis:1. Constitutionality of Abolishing Hereditary Rights:The judgment addresses the constitutionality of Sections 34, 35, 37, 39, and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, which abolish hereditary rights of archakas and other office-holders. The court found that the legislature has the power to enact laws regulating the secular aspects of religious institutions, including the appointment of archakas. The hereditary right to perform temple services is not an integral part of religious practice and can be abolished by the legislature.2. Interference with Religious Practices:The court examined whether the abolition of hereditary rights interferes with religious practices protected under Articles 25 and 26 of the Constitution. It was held that while religious practices and rituals are integral to religion, the appointment of archakas is a secular act. The hereditary succession to the office of archaka is not a religious practice and does not enjoy constitutional protection. The abolition of hereditary rights does not violate Articles 25(1) or 26(b) of the Constitution.3. Distinction Between Religious Service and Secular Aspects:The judgment distinguishes between religious service, which involves performing rituals according to Agamas and customs, and the secular aspect of appointing an archaka. The appointment of an archaka is a secular act, and the legislature is competent to regulate it. The hereditary right to perform service in a temple is not an integral part of religious practice, and its abolition is valid.4. Abolishing Emoluments Attached to Hereditary Offices:The court addressed the legality of abolishing emoluments attached to hereditary offices. It held that the right to receive emoluments is linked to the office and not independent of it. With the abolition of hereditary rights, the right to receive customary payments also ceases. The legislature can regulate the emoluments of archakas and other office-holders through statutory provisions.5. Validity of Regulations on Qualifications and Appointments:The court upheld the validity of regulations regarding qualifications and appointments of archakas. It noted that the Act and rules provide for training and examinations to ensure that archakas are qualified to perform their duties. The regulations are not arbitrary or unfair, and they ensure that only accomplished individuals are appointed to the office of archaka.6. Impact on Temple Management and Religious Practices:The judgment acknowledges that the abolition of hereditary rights impacts temple management and religious practices. However, it emphasizes that the regulation of secular aspects, such as the appointment and emoluments of archakas, is within the legislature's competence. The court directed the state to formulate a scheme to provide welfare measures for archakas and their families, ensuring their comfort and dedication to religious duties.7. Role of Secularism and Dharma:The judgment discusses the role of secularism and dharma in interpreting religious freedom under the Constitution. It highlights the distinction between religion and dharma, emphasizing that dharma encompasses broader principles of truth, justice, and social welfare. The court interprets Articles 25 and 26 in light of these principles, ensuring that secular regulation does not infringe on essential religious practices.In conclusion, the judgment upholds the constitutionality of abolishing hereditary rights of archakas and other office-holders, emphasizing the distinction between secular and religious aspects of temple management. It ensures that religious practices are protected while allowing the legislature to regulate secular activities associated with religious institutions.