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21st July 2025 (12 Topics)

Temple Funds and the Mandate of Social Justice

Context

A recent political controversy in Tamil Nadu has emerged over the use of temple surplus funds for building colleges, reigniting debates on the legal and constitutional permissibility of state involvement in religious endowments and the broader vision of social justice.

Temple Endowments and State Regulation – A Historical and Legal Overview

  1. Historical Context of Religious Endowment Regulation
  • East India Company’s 1817 Regulation: The Religious Endowment and Escheats Regulation, 1817 marked the beginning of state oversight of temple resources in India.
  • Queen Victoria’s 1858 Proclamation: While promising non-interference in religious affairs, it allowed governance of secular aspects like land and administration.
  • Madras Presidency's Legislative Leadership: The Justice Party in 1920 institutionalised state involvement with the Hindu Religious Endowments Act, reflecting a balance between religious freedom and public accountability.
  1. Legal and Constitutional Framework for Temple Fund Utilisation
  • Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) Act, 1959:
    • Section 36: Permits appropriation of surplus funds after temple maintenance and training are fulfilled, with approval of the Commissioner.
    • Section 66: Authorises surplus funds for building universities or colleges, provided they offer courses in Hindu religion or temple architecture.
  • Judicial Endorsement: Constitutional courts have upheld the validity and constitutionality of the 1959 Act.
  1. Socio-Cultural and Reformative Role of Temples
  • Ancient Practice of Educational Use: Historical records from the Chola and Vijayanagara empires show temples were also learning centres.
  • Mandapams and Temple Inscriptions: Evidence of cultural and educational activity in temple premises.
  • Alignment with Historical Intent: Using temple funds for educational institutions continues this tradition, rather than deviating from it.
  1. Political and Social Justice Dimensions
  • Legacy of the Self-Respect Movement: The regulation of temple affairs was central to anti-caste mobilisations in the Madras Presidency.
  • Temple Entry Legislation: Enabled by state oversight, it allowed access to marginalised communities in 1936 and 1947.
  • Backward Class Representation in Priesthood: Tamil Nadu and Kerala have appointed non-Brahmin priests — a historic reform rooted in the same regulatory framework.

Way Forward

  • Balanced Legal Framework Exists: The Tamil Nadu HR&CE Act provides a legitimate and regulated mechanism for utilising surplus temple funds for socially beneficial purposes, especially education.
  • Alignment with Original Temple Function: Historical precedence indicates temples were central to knowledge dissemination; utilising funds for education does not violate religious sanctity.
  • Strengthening Oversight and Transparency: The HR&CE Department should enhance transparency in fund allocation and consult temple stakeholders while ensuring educational investments uphold the Act's intent.
  • Public Awareness and Legal Literacy: The government must promote public understanding of legal provisions to prevent misinformation and electoral misuse.
  • Preserve the Social Justice Legacy: Efforts to dilute state involvement would risk eroding a century-long foundation of progressive reforms, particularly in anti-caste legislation and backward class empowerment.

 

PYQ:

The concept of secularism in the Indian Constitution is different from that in the West. Discuss.  (2015)

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