EXAMINING THE COMPLEX RELATIONSHIP BETWEEN STATE GOVERNANCE AND HINDU TEMPLES IN INDIA: A CALL FOR CONSTITUTIONAL CLARITY

[1] Hindu Religious and Charitable Endowments Department, Policy Note 2022-23, www.tn.gov.in, 2022, https://www.tn.gov.in/documents/dept/32. [2] Hindu Temples and Mutts form part of Hindu Religious Endowments. [3] The Department is headed by a Commissioner appointed by the Government. The Commissioner is generally a person belonging to the State Judicial Services or other Services (Section 9 of the Tamil Nadu Act) and acts as a servant of the Government (Section 12 of the Tamil Nadu Act) [4] Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, § 7(1)(a), No.22 Act of Tamil Nadu, 1959 (India). [5] Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, § 92 (1), No.22 Act of Tamil Nadu, 1959 (India). [6] Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, § 92 (2), No.22 Act of Tamil Nadu, 1959 (India). [7] The Karnataka Hindu Religious Institution and Charitable Endowments Act, 1997 [8] Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 [9] Kerala has four legislations: the Travancore-Cochin Hindu Religious Institutions Act, 1950; the Koodalmanickam Devaswom Act, 1971; the Guruvayoor Devaswom Act, 1978; Madras Hindu Religious and Charitable Endowments (Amendment) Act, 2008 [10] Appointed under the Maharashtra Public Trusts Act, 1950 [11] The Madhya Pradesh Public Trusts Act, 1951 [12] The Orissa Hindu Religious Endowments Act, 1969 [13] Constituted under the Rajasthan Public Trust Act, 1959 [14] Under the Bihar Hindu Religious Trusts Act of 1950 [15] Commissioner Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Shirur Mutt (A.I.R. 1954 SC 282) [16] Ratilal Panachand Gandhi v. The State of Bombay and Others, 1954 SCR 1035. [17] A.I.R. 1958 SC 255 [18] A.I.R. 1963 SC 1638 [19] A.I.R. 1966 SC 1119 [20] A.I.R. 1984 SC 51 [21] 2018 (8) SCJ 609 [22] During the 2018 Shabarimala Case, Justice Chandrachud was not the Chief Justice of India