The Supreme Court has recalled its April 2025 order directing petitioners challenging various Hindu Religious and Charitable Endowments laws in Tamil Nadu, Andhra Pradesh, Telangana and Puducherry to approach the respective High Courts.
The Bench of Justice BV Nagarathna and Justice Satish Chandra Sharma allowed review petitions filed against the earlier order and restored the writ petitions to the Supreme Court’s file for adjudication on merits.
On April 1, 2025, the same Bench had disposed of a batch of petitions challenging 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 Telangana Hindu Religious and Charitable Endowments Act, 1987; and the Puducherry Hindu Religious Institutions Act, 1972.
The petitioners had argued that these enactments permitted excessive State interference in the administration and management of Hindu religious institutions and violated the rights guaranteed under Articles 25 and 26 of the Constitution. Some petitioners had also specifically challenged the appointment of Executive Officers to major temples in Tamil Nadu.
In its April 2025 order, the Supreme Court had observed that the statutory frameworks differed from State to State and that the respective High Courts would be better equipped to examine the issues in light of the socio-economic, cultural, historical and religious considerations involved. The Court had accordingly granted liberty to the petitioners to move the jurisdictional High Courts and had also suggested that expert committees could be constituted, if necessary, to assist in adjudication.
Review petitions were subsequently filed challenging that decision. The review petitioners contended that the matters had remained pending before the Supreme Court since 2012 and that the Court ought to have decided the constitutional challenges itself instead of relegating the parties to different High Courts after more than a decade.
Solicitor General Tushar Mehta, appearing for the Union Government, supported the review petitioners. He submitted that since the petitions involved common legal grounds and similar statutory provisions, it would be appropriate for the Supreme Court to hear and decide the matters together instead of requiring fresh proceedings before multiple High Courts.
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