Syllabus: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Context and Recent Developments
- Recent Madras High Court rulings addressed disputes in Thiruparankundram and Kanchipuram temples.
- Cases involved ritual rights and sect-based worship practices.
- Judgments reaffirm judiciary’s role in religious dispute adjudication.
- They challenge the idea that temples are purely private religious spaces.
Pre-Constitutional Legal Framework
- Earlier, temple disputes were treated as civil rights matters.
- Courts adjudicated entry and co-worship rights.
- Example: Kamudhi temple entry dispute reached the Privy Council.
- In Sankaralinga Nadan vs Raja Rajeswara Dorai (1908), entry rights were contested.
Legislative Interventions before 1950
- Madras Hindu Religious Endowments Act, 1927 regulated temple administration.
- Enabled creation of temple committees and financial audits.
- Established supervisory authority of the colonial government.
Post-Constitutional Shift
- Adoption of the Constitution (1950) transformed legal interpretation.
- Articles 25 and 26 guaranteed freedom of religion.
- Rights extended to individuals and denominations.
- Subject to public order, health, and morality restrictions.
Evolution of Constitutional Jurisprudence
- Courts moved from civil rights view to constitutional rights framework.
- Balanced religious freedom with equality principles.
- Jurisprudence developed on temple entry and priest appointments.
Role of Southern States
- Southern States pioneered temple governance reforms.
- Enacted laws under Hindu Religious and Charitable Endowments framework.
- Invited sustained judicial oversight through writ jurisdiction.
- Contributed significantly to temple jurisprudence evolution.
Essential Religious Practice Test
- Supreme Court evolved the Essential Religious Practice (ERP) test.
- Determines if a custom is integral to religion.
- Non-essential practices treated as secular and regulatable.
- Courts issue directions if practices violate constitutional principles.
Constitutional Morality Principle
- ERP test refined in Sabarimala case (2018).
- Even essential practices subject to constitutional scrutiny.
- Constitutional morality rooted in justice, liberty, equality, fraternity.
Contemporary Significance
- Rising religious litigation reflects ideological and sectarian tensions.
- Judiciary acts as harmoniser between faith and constitutional values.
- Judicial review ensures religion aligns with constitutional morality.
Conclusion:
- Courts remain central in balancing religious autonomy and constitutional rights.
- Temple jurisprudence reflects deepening constitutional engagement with faith.