The Supreme Court on Monday revived a batch of petitions challenging the constitutional validity of laws governing the administration of Hindu temples and religious endowments in Tamil Nadu, Andhra Pradesh, Telangana and Puducherry.
The bench of Justice BV Nagarathna and Justice Satish Chandra Sharma recalled its April 2025 order, which had asked the petitioners to approach the respective High Courts instead of pursuing the matter before the apex court.
The decision came while hearing review petitions filed against the April 2025 order.
The original petitions, pending since 2012, challenge provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959; the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987; the Pondicherry Hindu Religious Institutions Act, 1972; and the Telangana Hindu Religious and Charitable Endowments Act, 1987.
The challenged provisions relate to the powers of Commissioners, appointment of executive officers and trustees, auditing of temple accounts, utilisation of surplus temple funds, alienation of temple property, and State supervision over Hindu religious institutions.
The petitioners contended that these provisions violate Articles 14, 19, 25, 26 and 31A of the Constitution.
Article 25 guarantees the right to freely profess, practise and propagate religion, while Article 26 protects the right of religious denominations to manage their own affairs in matters of religion.
In the lead case, the petitioners challenged provisions of the Tamil Nadu, Andhra Pradesh and Puducherry enactments, while a connected plea questioned the validity of the Telangana law.
In its April 2025 order, the Supreme Court had declined to examine the constitutional challenge on merits. Instead, it observed that the statutory schemes of the various State enactments may be distinct and held that the respective High Courts would be better suited to adjudicate challenges concerning laws applicable within their jurisdictions.
The Court had further noted that High Courts could examine the matter in the context of socio-economic, cultural, religious and historical considerations, and could even constitute expert committees if necessary.
Following this, the petitioners moved review petitions, which were heard in open court.
During the review proceedings, the petitioners argued that the April 2025 order was based on an erroneous assumption that the statutory schemes were distinct.
According to them, the Tamil Nadu, Andhra Pradesh and Puducherry enactments all trace their origin to the Madras Hindu Religious and Charitable Endowments laws and follow a common legislative framework.
They submitted that the laws contain substantially similar provisions relating to appointment of executive officers, powers of Commissioners, entry into religious institutions and levy of fees.
The petitioners also pointed out that the matter had remained pending before the Supreme Court for over 13 years, and argued that relegating them to multiple High Courts at this stage would result in hardship and multiplicity of proceedings.
It was further contended that Article 32, which guarantees the right to directly approach the Supreme Court for enforcement of fundamental rights, is itself a fundamental right.
The petitioners additionally highlighted that the Supreme Court had earlier directed the matter to be listed for final hearing after completion of pleadings, including orders passed in January 2016 and July 2016.
They also relied on past litigation concerning temple administration laws, including the landmark Shirur Mutt case, where provisions of the earlier Madras HR&CE laws were struck down by the Madras High Court and later affirmed by the Supreme Court.
According to the review petition, provisions similar to those invalidated earlier were subsequently reintroduced through later enactments.
Accepting the plea for review, the Bench on Monday recalled its earlier order and decided to hear the constitutional challenge on merits.
The Supreme Court will now examine the legality of State control over Hindu temples and religious institutions in Tamil Nadu, Andhra Pradesh, Telangana and Puducherry.
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