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Regulating Faith And Preserving Identity: Legal Governance Of Hindu Temples And The Debate On Secular Integrity In India




Aryaman Singh Pundir, Law College Dehradun Dr. Anil Kumar Dixit, Law College Dehradun


INTRODUCTION


Hindu religions, and charitable institutions involving temple, mathas, and trust, place a vital role in shaping the social, spiritual and the economic life of millions across India. These institutions not just function as centres for religious observation, but they also hold essential responsibility for dealing with the sustainable economic resources, maintenance of immovable properties and also safeguarding the cultural heritage. Due to their influence and wealth, they have attracted the attention of the state, causing a series of administrative and legislative involvement. Stabilising the governance with the constitutional guarantee of religious autonomy has thus emerged as a complex, constitutional and legal problem. This article presents an in-depth examination of the governance of Hindu religions and the charitable organisations in India. It traces the evolution of state engagement starting from the influence of colonialism to legislative measures which were enacted after independence. A detailed examination of constitution provisions, mainly Article 25 and 26 of the Constitution of India, focuses on the rights of religious groups as well as the limitations on the regulation of state of these institutes in relation to the preservation of the religious liability.


This article also examines the key legislative frameworks enacted at the state level with emphasis on the Tamil Nadu Hindu, religious and charitable endowment Act, 1959 and the Andhra Pradesh charitable and Hindu religious institutions and endorsement act, 1987 and similar acts in Odisha and Karnataka. It provides in-depth analysis of the primary characteristics of these statutes, involving the roles of government appointed commissioners, property administration, oversight of finance and the procedures for the appointment of Temple staff and trustees. Furthermore, the study also looks at the influence of judiciary between the religious liability and the state control is crucially assisted through landmark decisions, involving the Shirur Mutt case and the Sabarimala verdict.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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