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Religious & Charitable Endowments LawSupreme Court of India

Sh. Dayananda Saraswati Swamiji (Dead) v. The State of Tamil Nadu

Writ Petition (Civil) · 2025 INSC 465Decided 1 Apr 2025
W.P.(C) No.-000476-000476 - 2012
Mrs. Justice B.V. Nagarathna · Justice Satish Chandra Sharma

Background

The petitioners, in four connected writ petitions filed under Article 32 of the Constitution, challenged numerous 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, as being unconstitutional and violative of Articles 14, 19, 25, 26 and 31A. One petition also sought a CBI-style investigation into alleged mismanagement at the Tiruchendur (Sri Subrahmanya Swami) Temple. The petitions had been pending, in one case, since 2012.

Decision Breakdown

The Supreme Court declined to rule on the constitutionality of the various state endowment laws itself. It reasoned that since the challenged Acts belong to different states with potentially distinct statutory schemes, the grievances would be better ventilated before the respective jurisdictional High Courts, which are better placed to appreciate the specific dimensions of each state law. The Court disposed of all four writ petitions, granting the petitioners liberty to file fresh petitions before the concerned High Courts, and left it open to those High Courts to consider the historical, socio-economic, cultural and religious aspects involved, and even to constitute expert committees if they consider it fit.

Lesson Learnt

When a constitutional challenge concerns state-specific legislation, the Supreme Court may decline to hear it directly under Article 32 and instead direct petitioners to approach the relevant High Court, which has the territorial and subject-matter familiarity to deal with that particular state's law.

Sh. Dayananda Saraswati Swamiji (Dead) v. The State of Tamil Nadu – Legal Case Shots | LegalAware