A CRITIQUE ON SHRI PADMANABHASWAMY TEMPLE ISSUE: SRI MARTHANDA VARMA V. STATE OF KERALA
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Keywords:
Shebait, Constitution, Accession, Royal Family, Customary Law, Padmanabhaswamy temple, TravancoreAbstract
The crux of the case is to free the institution of temples from the government control. Reversing the Kerala High Court judgement, Supreme Court upheld the rights of the royal family of Travancore to manage the property of the deity at Shree Padmanabhaswamy temple. This case discusses the customary law on shebait rights and also it considered the question that whether the Royal family will continue to have any authority over the temple. The aim of the paper is to go through the legal interpretation of Travancore Cochin Hindu Religious Act, 1950 (also referred to as TC Act) and the Articles 25, 26, 363, 366(22) of the Indian Constitution. It will analyse the term ‘Ruler’ in accordance with the Kerala High Court and the Supreme Court and how they differ from each other. Further, the 26th Amendment in the Indian Constitution is examined which effectively abolishes all the royal titles and to outlook whether it made any difference to their relationship with the temple. The Supreme Court also accepted that the temple is a public temple. Historical background of the Travancore Royal family and the agreement of Accession signed by Maharaja Chitra Thirunal are highlighted. The High court’s decision on the writ petition filed and how the Supreme Court dissented this opinion is scrutinized. Functioning of two committees which were said to be constituted by the Supreme Court is being given light on.
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