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1 - 10 of 19 (0.27 seconds)Article 25 in Constitution of India [Constitution]
K. Seshadri Aiyangar And Two Ors. vs Ranga Bhattar on 7 April, 1911
In K. Seshadii Aiyangar v. Ranga Bhattar
[I.L.R. 35 Mad. 631], the Madras High court had held
that status of hereditary archaka of a temple is that of a
servant, subject to the disciplinary power of the trustee
who would enquire into his conduct as servant and
would be entitled to take disciplinary action against him
for misconduct. As a servant, archaka is subject to the
discipline and control of the trustee. The ratio therein
was applied and upheld by this Court and it was held
that under Section 56 of the Madras Act archaka is the
holder of an office attached to a religious institution and
he receives emoluments and perks according to the
procedure therein. This court had further held that the
act of his appointment is essentially a secular act. He
owes his appointment to a secular authority. Any lay
founder of a temple may appoint an archaka. The
Shebait or Manager of temple exercises essentially a
secular function in choosing and appointing the archaka.
Continuance of an archaka by succession to the office
from generation to generation does not make any
difference to the principle of appointment. No such
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https://www.mhc.tn.gov.in/judis
W.P.No.3997 of 2018
hereditary archaka can claim any right to the office.
Though after appointment the archaka performs
worship, it is no ground to hold that the appointment is
either religious practice or a matter of religion. It would
thus be clear that though archaka is normally a well-
versed and accomplished person in the Agamas and
rituals necessary to be performed in a temple, he is the
holder of an office in the temple. He is subject to the
disciplinary power of a trustee or an appropriate
authority prescribed in the regulations or rule or the Act.
He owes his existence to an order of appointment - be it
in writing or otherwise. He is subject to the discipline on
a par with other members of the establishment. Though
after appointment, as an integral part of the daily
rituals, he performs worship in accordance with Agamas
Sastras, it is no ground to hold that this appointment is
either a religious practice or a matter of religion. It is
not an essential part of religion or matter of religion or
religious practice. Therefore, abolition of the hereditary
right to appointment under Section 34 is not violative of
either Article 25(1) or 26(b) of the Constitution."
Section 116 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
Seshammal & Ors, Etc. Etc vs State Of Tamil Nadu on 14 March, 1972
This exception was carved out by the Apex Court in
Seshammal's case while categorically holding that the position of an
Archaka can never be claimed as a hereditary right.