IN THE HIGH COURT OF JUDICATURE AT MADRAS

(SPECIAL ORIGINAL JURISDICTION)

 

    W.M.P No.                                                       of   2023

               IN

W.P.No. 3997  of  2018

 

Muthu Subramania Gurukkal,

Son of S. SugavanaNatha Gurukkal,

No.98, Mettu Mariamman Koil street,

Salem- 636001.                                                                                                                                                                                                                              …Petitioner/ Petitioner.

Vs

1. The Commissioner

Hindu Religious and Charitable- Endowment Department, Nungambakkam High Road, Chennai-600034.

 

2. Assistant Commissioner,

Hindu Religious & Charitable- Endowment Department, Office of Asst.  Commissioner, Salem -636001.

 

3. Executive Officer,

Sri Sugavaneswarar Swamy Templey

Salem-636001.                                                                                                                      …Respondents/ Respondents.

 

AFFIDAVIT OF MUTHU SUBRAMANIA GURUKKAL

I, Muthu Subramania Gurukkal, Son of S. Sugavananatha Gurukkal, Hindu,  aged 42 years, residing at No.98, Mettu- Mariamman Koil Street, Salem-636001, now come down to Chennai, do hereby solemnly affirm and sincerely states as follows,

1. I am the Petitioner herein and I am well acquainted with the facts of the case.
2. I filing this affidavit in support of my Miscellaneous Petition to permit the petitioner to permit the petitioner to raise the above Additional Grounds in addition to the grounds raised in the affidavit filed along with the above writ petition and for other consequential

 

3. I humbly submit that I and my family of Shivachariar’s out and out state that, we do not claim any right of appointment on the basis of our Birth or hereditary. As our claim is based on “Agama and Custom and usage” of Sri Sugavaneswarar

Swamy temple at Salem. There are 2 Murai Sthanigam and one Assistant Sthanigam held by our family of Shivachariyas for at least  two hundred years. Each Sthanikam held by two person currently. As there are four Sthanikars and one Assistant Sthanigam rendering Poojas to the duties through rotation basis. The other Shivacharia’s of our family who are all helping the sthanikars as per the instruction of the Murai Sthanikams. There were no disturbance until 2018 for rendering the service of the petitioners. When the service is interfered through the impugned notification it was put to challenge through this above writ petition and a stay was grunted not to recruit the Sthanikams numbered in 4 currently serving the deity without  any disturbance.

 

4. The respondent cannot deny the fact that until 2018 the Custom and usage of the temple is recognized and no attempt was made to appointment a Sthanikams except the persons within the group of family of the  Moreover as in the notification it is stated clearly that no salary is paid to the Sthanikams of the temple. It is clearly establishes the fact that Sthanikams never been the servants

of the HR&CE Department,  but only rendering duties to the Sugavaneswarar Swamy and Swarnambikai Amman and other idol because of the long standing custom and usage of the temple.

5. I humbly submit that the earliest documentary records that can be found in the proceeding No. 89 of 1940 dated 9.1.1940 of the proceeding of the Trustee of Sri Sugavaneswarar Swamy Devasthanam Salem, states as follows as per the text, It is evident that the forefathers of the petitioners as a  family of Shivachariars have been doing the duty even during the year of 1845.

“ The judgment in O.S. No.46 of 1845 on the file of Sadar Amin Court, Salem, clearly established the fact that the petitioner and his fore-fathers were doing duties in this temple as per orders of the Government, who were then administrating all the temples.”

6. I humbly submit that normally a disputed with in a family will not end in except for the fact that, my forefathers where fought each other in respect the benefit of the family, of the duties they have to perform to the temple. Due to the dispute between our forefather the trustee of the temple, the HR&CE  Board and District Munsif Court while deciding the dispute had to trace our families history. I may be permitted to the extract relevant portion of Order and Judgment as below. Records maintain by the HR & CE  Department dated, 07.08.1933.

Sthanikam (Director of Temple Ceremonies),

(a) K.Subramania Gurukkal,

To perform Abishegam, Aaradana, Pooja, Diparadhana, (Camphor Burning       etc..),To the Deity (Swami) and the Goddess (Amman). On festival occasion to do  Alangaram (Decoration ). Must look after the Nanda Villaku (Ever burning lamp in  the inner Sanctum of a Temple in the Sannadhi (Inner Shine) of the Deity and Goddess.

9. Extract from the proceeding of the Trustee to Sri Sugavaneswarar Swamy Devasthanam Salem dated 09.01.1940, in Paragraph No. 6 seals the fact that except Sthanikam, no other person is permitted by the Agama Sastra is entitled to perform Poojas to the Deities.

“6. Exhibit IV A. the Daily Abishekam register, which has not been unfortunately referred to in the Proceedings under review, establishes that the petitioner has been performing special kattalais to all the sarines in the temple. Unless he is a stanik, he cannot, as per the agama Sastras, perform abishekam and archana in the temple. This record which is maintained by the trustees, who enquired into the case clearly shows that the petitioner must be a Stnanik of this temple. If this register had been produced before the Board during the enquiry, the Board would have clearly allowed the petitioner’s claims.

7. In the last para of the proceedings under review, it has been accepted, that the petitioner and his fore-fathers, have been doing the duties of sthaniks in this temple as assistants. They have thus been the hereditary assistant sthaniks of this temple.”

• THE RECOGNIZED HISTORY OF THE CUSTOM AND USAGE PERFORMED

EXCLUSIVELY FOR THE TEMPLE BY THE PERSONS WELL VERSED IN THAT

PRACTISE WHO ARE THE GROUP OF STHANIGAR FAMILES

9. Extract from the Proceeding of the trustees, dated 09.01.1940.

“ (i) The judgment in O.S. No.46 of 1845 on the file of Sadar Amin Court, Salem, clearly established the fact that the petitioner and his fore-fathers were doing duties in this temple as per orders of the Government, who were then administrating all the temples.

• In the last para of the proceedings under review, it has been accepted, that the petitioner and his fore-fathers, have been doing the duties of sthaniks in this temple as assistants. They have thus been the hereditary assistant sthaniks of this temple.
• Its genuineness was not questioned. It is sufficient for the purpose under review to find whether the gurukals have been treating the Assistant Sthanik as one of their co-sthanakis. In the petition it is stated that the gurukals including the Assistant Sthanik from 11 families, who live upon from the Daksnanas paid by the worshippers. From this petition it is clear that this family of Assistant Sthanikars has been one among the Sthanikars earning their livelihood from the performance of archanas  and special kattalais . This petition which is dated 12/04/1932 has been signed by all the gurukals only. This petition clearly establishes that the petitioner is a Sthanikars and that the members of his family have been and are to live upon from the earnings by doing the service in the temple just as the members of the families of the other gurukals. The other gurakals who are now grown in large numbers have attempted to exclude the family of the petitioner who have been rendering service for four generations in this temple.

(vi) A perusal of the originals of the registered document dated 13/12/1875 also advances the claim of the petitioner. It is a document executed by the petitioner’s grand-fathers to the bramin musician of this temple. They have been designated as living upon the income from this temple as sthanikars. This document was also attested by the other sthaniks of the temple, the grand fathers of the present sthaniks. This document also clearly establishes that the petitioner and the members of this family and his forefathers have been the sthaniks of this temple as every other sthanik.”

1. Extracts from the Judgment of District Munsif of Salem in O.S.No:207/1940 dated 06.1942.

“ (i) 38. Yet another feature should be noticed. Although the places themselves number only two, yet the families and the members in whom the right to hold the two sthanikam offices resides are numerous indeed. Has 8th defendant shown that in the exercise of this or that right or duty he excluded all these numerous persons? No. If that be so, how yet could it be claimed that plaintiff or any of defendants 1 to 5 and 7 lost their right by limitation. I am for this reason of opinion that the plea of limitation could not be accepted.”

19. The duties instructed by Subalakshmi Ammal to the fore-father’s of the petitioner dated 19.09.1945.
20. I humbly Summit that the service of the petitioner and group of Sthanikars recognized as usage and custom of the still Sugavanesvaraswami temple, Salem as stated below. Extracts from the Judgment of District Munsif of Salem in O.S.No:207/1940  dated     06.1942.

“ (i) It is undoubtedly correct to states that the jurisdiction of courts  to question the proprety or validity of a trustee’s order about punishment or dismissal is taken away. But is that provision applicable to the present case? The answer is no. The relevant section is Section 79 which enacts that nothing in the Act affects established usage or the rights to which any person may by custom be entitled. Here is a case where à sthanikar alleges that his hereditary or customary right is infringed by the orders of 10-1-1940 and 17-1-1940. The suit is one wherein obviously the right to an office is contested. It is therefore a suit of a civil nature. According to Section 9 Civil Procedure Code the Court is bound to try it. Especially as, by Section 79 above- referred to nothing in the Madras Hindu Religious Endowments Act should affect the rights to which plaintiff alleges he is by custom entitled. Hence I answer issue (1) in favor of plaintiff.

7. I humbly Summit that as per the above recorded proceeding it is evident that expect the group of Sthanikars from the temple that has been doing duties for about 150 years nobody else can be appointed as the Sthanikar of the temple of history Sugavanesvaraswami temple at Salem. Moreover it is recognized ‘custom and usage’ of the temple that the group of Sthanikar from 11 members of families has the customary right to do Pooja’s  as evident from the register maintained under section 38 dated 07/08/ 1933.
8. The respondents may content that the appointment to the post of Sthanikar or Archagar is secular and cannot be made on the basis of hereditaryship. It is true that there cannot be any claim for appointment on the basis of hereditaryship but on the basis of “usage and custom” followed for the deity and the temple and persons who are well versed in that alone can be appointed irrespective of the community. The knowledge in that usage or custom on the basis of Agamas and Vedhas cannot be imparted within a year and definitely it will take at least 5 years if not, for 10 to 14 years. As per Rule the cause should have been satisfied by the religious and spiritual heads.
9. I humbly Summit that respondents has no authority to give a go by for the Agamas and custom and usage of the temple while appointing Sthanikar to the temple. As evident from the judgment of Hon’ble Apex court in Adi Shiva Sivachariyargal Nala Sangam Vs. State of Tamilnadu reported in (2016) 2  SCC 725 and All India Adi Saiva Sivachariyargal  seva sangam Vs. State of Tamilnadu is mandated that a determination of contours of a claimed custom  are usage would be imperative and it is in that light a appointed of Archagars has to be tested. Moreover the Division bench of this Hon’ble Court appointed a committee to ascertain the particular Agama and custom and practice of particular temples to ascertain the nature of the appointment of Archagar’s to be made or to be followed.
10. It is evident from notification dated 18/01/2018 that no such identification was made in respect of the Sugavanesvaraswami temple with regard to the Agama and custom and usage governing the particular temple. Moreover the prescribed qualification of 1 year certificate course is falling foul of the Constitution bench judgment Seshammal –Vs- State of Tamilnadu reported in (1972) 2 SCC 11.
11. The decisions of the Hon’ble Apex Court and also more than 1000 years old religious verses of Saivist, Vaishnavist and the recent Poet Bharathiyar to find out the value of our Religious Practices and Religious Institutions:-
12. In Pradip Jain (Dr.) –Vs- Union of India reported in AIR 1984 SC

1420=(1984)3SCC 654 it is declared that Preamble of the Constitution is framed with great care and deliberation so that it reflects the high purpose and noble objective of the Constitution makers.

13. The words of the Constitutional Bench of the Hon’ble Apex Court while dealing with the validity of Constitutional Amendment guaranteeing certain fundamental rights to reservation, in favour of the Scheduled Castes and

Scheduled Tribes candidates in M.Nagaraj –Vs- Union of India reported in (2006) 8 SCC 212 has held that the Constitution must be construed in wide and liberal manner so that constitutional provision does not get fossilized but remains flexible enough to meet newly emerging problems and challenges.

14. The words of the majority view of the Hon’ble Judges in Kesavananda Bharathi Sripadgallvara –Vs- State of Kerala reported in AIR 1973 SC 1461=(1973) 4 SCC 225 paras 292, 599, 682, 1164 and 1437 do clearly and loudly convey the message that the objectives specified in the Preamble contain the Basic Structure of the Constitution.
15. The liberty guaranteed to the people of India by themselves is Liberty of thought, expression, belief, faith and worship. All the 5 liberties are independent as well as collective. The Constitutional makers are very careful in not using the word religion as used in Arts.25 and 26 of the Constitution of India in the Preamble which forms the basic structure of the Constitution. But they used the word worship which means not only the worship of god but also the nature, birds, animals, human, sky, fire, Air, water, earth and even invisibility. Such a right of worship is a part of the Basic Structure of our Constitution.

 

 

“Worship not necessarily means any religion and it need not have arisen out of any religion or religious practice. A common of our Mother Country the largest democracy in the world can individually worship by calling anyone and

    anything God.”

 

16. When one chooses to enter into the Hindu Temple he has to observe and respect the rituals and practices adopted by the particular temple and worship God. When one chooses to enter into other Holy Place meant for other religion he or she has to adopt themselves to the rituals and practices adopted therein and exercise his right of worship.
17. But, it is clear, that the word ‘worship’ used in the Preamble of our Constitution does not have itself any religious or particular form of God or visible things alone but also includes the worship of ‘invisible things.’ The word ‘worship’ by the word itself is sacred and holy and is wider to include everything but can be interpreted to mean everything without affecting public interest and supremacy of our Democracy. Except the above two one cannot restrict the ‘liberty of worship’ of the people of this country as it is a part of the Basic Structure of our Constitution.

ANCIENT TAMIL LITERATURE:-

A.THIRUMANTHIRAM OF THIRUMOOLAR:-

18. Before entering into the decisions of Hon’ble Apex Court and the Parliamentary enactment dealing with the Right of Worship of the Worshippers it is important and unavoidable to refer to verses 145, 146, 147, 148, 151, 152, 153, 155, 157, 159, 160 and 162 of Thirumanthiram written by Thirumoolar, as they clearly give a true picture of the importance of the Idols, Deities, Temples, Agamas, Vedas and Rituals to be taken care of by each and every Hindu, which are reproduced below:-

 

1. While verse 145 of Thirumanthiram warns that the Sivalinga established in one place should not be shifted to another place in the following words:-

“தாவர லிங்கம் பறித்ததான் றில் தாபித்தால்    ஆவதன் முன் னன அரசு நிலலதகடும்    சாவதன் முன் னன தபருனநாய் அடுத்திடும்    காவலன் னபர்நந்தி கடடு்லரத் தானன.”

 

1. Verse 146 warns that none should cause any damage to the temple in the following words:-

“கடடு்வித் தார்மதிற் கல்தலான்று வாங்கிடில்   தவடடு்விக் கும்அபி னடகத் தரசலர   முடடு்விக் கும்முனி னவதியர்  ஆயினும்   தவடடு்வித் னதவிடும் விண் ணவன் ஆலணனய.” iii.  Verse 147 cautions that in case of failure to conduct poojas as per Agamas and Rituals incurable and intolerable disease would affect the world and the world suffer for want of rain in the following words:-

“ஆற்றரும் னநாய்மிக் கவனி மலையின் றிப்   னபாற்றரும் மன்னரும் னபாரவ்லி குன்றுவர்   கூற்றுலதத் தான் திருக் னகாயில்கள் எல்லாம்   சாற்றிய பூலசகள் தப்பிடில் தானன.”

 

 

1. Verse 148 also cautions that lot of worst things would take place in the world and the entire world would go the way of all flesh in the following words:-

“முன்னவ னார்னகாயில் பூலசகள் முட்டிடின்   மன்னரக் ்குத் தீங்குள வாரி வளங்குன்றும்   கன்னம் களவு மிகுத்திடும் காசினி   என்னரும் நந்தி எடுத்துலரத் தானன.”

 

 

 

1. Verse 151 of Thirumanthiram warns that the persons would destroy themselves in case of their abusing god in the following words:-

  “ததளிவுறு ஞானத்துச ் சிந்லதயின் உள்னள    அளியுறு வாரஅ்ம ரர்பதி நாடி    எளியதனன் றீசலன நீசர் இகழில்    கிளிதயான்று பூலசயால் கீை்அது ஆகுனம.”

 

1. Verse 152 mandatorily points out the persons who can be able to see god and undoubtedly says that a persons who are kind hearted and godly and of divine qualities can see the god in the following words:-

 

“முளிந்தவர் வானவர் தானவர் எல்லாம்    விளிந்தவர் தமய்ந்நின் ற ஞானம் உணரார்    அளிந்தமு தூறிய ஆதிப் பிராலனத்    தளிர்ந்தவரக் ் கல்லது தாங்கஒண் ணானத.”

 

• Verse 153 warns that no one should pick up a quarrel with god and no one would claim that they themselves are god because of their knowledge with vedas in the following words:-

“அப்பலக யானல அசுரரும் னதவரும்    நற்பலக தசய்து நடுனவ முடிந்தனர்    எப்பலக ஆகிலும் எய்தார் இலறவலனப்    தபாய்ப்பலக தசய்யினும் ஒன்றுபத் தானம.”

 

• Verse 155 warns that the person who abuses god who gave them knowledge to a world would take birth as dogs and then take birth a worm and then die.

       “ஓரஎ் ழுத் ததாருதபாருள் உணரக் கூறியச ்

           சீரஎ் ழுத் தாளலரச ் சிலதயச ் தசப்பினனார்  

 ஊர் இலடச ் சுணங்கனாய்ப் பிறந்தங் னகாருகம்  பாரஇ்லடக் கிருமியாய்ப் படிவர் மண் ணினல.”

 

1. Verse 157 cautions that the mind of the followers and

worshippers of god should not be injured and made to suffer in the following words:-

                                            “ஈசன் அடியார் இதயம் கலங்கிடத்                                                    னதசமும் நாடும் சிறப்பும் அழிந்திடும்                                                    வாசவன் பீடமும் மாமன்னர் பீடமும்                                                    நாசம தாகுனம நம்நந்தி ஆலணனய.”

 

1. Verse 159 warns that the persons who abuse the followers of god would go to hell in the following words:-

  “ஆண் டான் அடியவர் ஆரக் ்கும் வினராதிகள்      ஆண் டான் அடியவர் ஐயம்ஏற் றுண் பவர்      ஆண் டான் அடியாலர னவண் டாது னபசினனார்  

              தாந்தாம் விழுவது தாை்நர காகுனம.”

 

 

1. Verses 160 and 162 encourage that the Lord Shiva would appreciate his worshippers and devotees as good persons and invite them to his world in the following words:-

  “ஓலக்கம் சூை்ந்த உலப்பிலி னதவரக்ள்      பாதலாத்த னமனியன் பாதம் பணிந்துய்ய      மாலுக்கும் ஆதிப் பிரமற்கும் மன்னவன்      ஞாலத் திவர்மிக நல்லவர் என் றானன.”

 

  “உலடயான் அடியார் அடியாரக் ளுடன் னபாய்ப்    பலடயார் அைல்னமனிப் பதிதசன்று புக்னகன்    கலடயார நின் றவர் கண் டறி விப்ப    உலடயான் வருதகன ஓலம்என் றானர.”

 

 

Ø   Like that various verses of Thirumanthiram of Thirumoolar authoritatively speak about the importance of Hindu God, the Temples,

Worhsippers and the Rituals and Vedas even thousands of year before the

Commencement of our Constitution.

 

19. When Thirumanthiram of Thirumoolar speaks about the importance of “Lord

Shiva” and his Temples, Naalayira Divya Prabandham speaks about the Viashnava Rituals and Agamas for Vaishnava Temple and Vadakalai and Thenkalai.

 

B.DIVYA PRABANDHAM OF VAISHNAVISTS:-

The “Divya Prabandham” is the Divine collection of 4000 hymns sung by Azhwars who lived in the southern part of India before 8th century A.D. The term “azhwar” means, “the one who is ‘immersed in’ and they were immersed in

Bhagavath anubavam all the time.” It was the scholar-saint Nathamuni, who in

the 10^th Century, retrieved and compiled this divine collection and numerous commentaries have been written by various poorvacharyas for this Divya Prabandham, and it is a life-time exercise to read and understand the inner meanings of the bakthi laden pasurams.

(i) THE DIVYA DESAMS:

20. The shrines where the divine saints “Azhwars”, said to be the ‘Amsams of Sriman Narayanan’, have sung “the Mangalaasaasanam” which are called as the “Divya Desams.”

There are ‘108 Divya Desams’, and of these 105 are located in India, and one is in Nepal; the remaining two – “Parama Padham” and “Thiruppaarkadal” are in the Celestial World.

The presiding deities in these Divya Desams are found in various

Thirukkolams [postures] such as :

• Kidantha Thirukkolam – Sleeping posture [In 27 Divyadesams];
• Veetrirundha Thirukkolam – Sitting posture [In 21 Divyadesams]; (iii) Nindra Thirukkolam – Standing posture [In 60 Divyadesams].

(ii)  DIRECTION OF THE HOLY FACE :

21. In these 108 Divya Desams, the Lord Vishnu faces various directions and giving his seva (blessing), which are as follows :
22. Towards the Eastern direction –    79 Divyadesams;
23. Towards the Western direction –    19 Divyadesams; Towards the Northern direction   –      3 Divyadesams; (and) iv. Towards the Southern direction  –      7 Divyadesams.

 In the past, the Kings and the local rulers have patronized by donating funds and jewellery, for the upkeep, maintenance, and conduct of the Utsavams in these temples. It is regrettable; presently, some of these temples are being neglected, and in many cases the funds being squandered. Many temples are in need of financial support even to conduct the daily rituals and they depend heavily on the support from philanthropists, visiting pilgrims and bhaktas.

Fortunately, the members of several Vaishnava and religious groups are undertaking supportive steps, by choosing a temple of their choice, organize the conduct of Nithya Pooja for a day as well participates in the rituals.

(iii)  VAISHNAVA  AGAMAS :

22. “The Agamas” are the ‘texts derived from various concepts in the Vedas dealing with worship.’ The Agamas describe in detail the various forms of God, the methods of temple worship, home worship, fire sacrifices, offerings and other related ideas. Sri Vaishnava Sampradaya accepts two Agamas only as authoritative and nonconflicting with Vedas; they are :
23. Pancharatra Agama; (and) ii. Vaikhanasa Agama.
24. Of the two, ‘Pancharatra’ is the pradhana (or) the main source of authority for Sri Vaishnavas. ‘Vaikhanasa Agama’ is highly utilized for temple worship only and is restricted to a certain group of Vedic priests.

 

24. Lord Vishnu is the supreme Lord in the Pancharatra Agamas. The Vaishnavas regard the Pancharatra Agamas to be the most authoritative. They believe that

Lord Vishnu Himself revealed these Agamas.

 

25. The Asura Madhukaitaba seized the Vedas from Lord Brahma and hid himself into the sea. Lord Vishnu took the Matsyavathara, fought with the Asura within the sea, killed him and got back the Vedas and restored them to Lord Brahma. It took 5 days for the Lord for this purpose. Without the Vedas, the world would have become dark and not knowing how to worship the Lord. So, Lord Vishnu divided Himself into two, one as ‘Guru or teacher’ and the other as ‘Sishya or disciple.’ The guru taught the disciple the methods of worshipping God for five nights. Hence, the teaching was called “Pancharatra or work of the five nights.”

They are all about the methods of worship.

 

 

26. Like the Pancharathra Samhitas’, there is another kind of Samhitas called ‘the Vaikhanasa Samhithas’, prescribing the methods of worship in temples. They were taught to Sage Vikasana by Maha Vishnu and through him to the Sage’s descendants. There is not much of a difference between the two, except chanting of some different mantras during the worship.

 

 

27. “Pancharatra” is more universal and used extensively by the Sri Vaishnava Acharyas to propagate worship of Vishnu among the masses.

(iv) WORSHIP PROTOCOL :

28. While in all of the Divya Desams in Tamil Nadu [with the exception of Nilattingal Tundam, Kalvanoor, Tiruvattaaru and Tiruvanpatisaaram] ‘the

Vaishnava Agamic [Pancharatra or Vaikanasa]’ protocol of worship is followed; ‘the Kerala Tantram’ is followed in the Divyadesams in Malainadu. Worship services at Badrinath follow a protocol established during the period of Adi Sankaracharya.

(v)  PERUMAL :

29. The Tamil word “perumal” is used by ‘the Vaishnava tradition’ to denote the Supreme Divinity as well as the idol “arca” (i.e.), ‘of the Divine’. The two words which compose to make “perumal” are ‘perum’, which means ‘the great or the gigantic or the supreme’, and ‘al’, which means ‘personality’. The corresponding Sanskrit word is ‘purushottama’. The sandals of Perumal are known as ‘the Sathaari’. The Sathaari is like a crown placed reverentially on the heads of devotees who receive it with humility.

 

(vi)  TWO BRANCHES OF VAISHNAVAS :

30. In Sri Vaishnava School itself, two branches of thought had emerged between the time of Sri Ramanuja and that of Sri Vedanta Desika whose contemporary was Pillai Lokacharya. They are called ‘Vadakalai (Northern)’ and ‘Tenkalai (Southern)’, though in reality there is no geographical polarization to justify their nomenclature.

 

31. Possibly, this is due to greater importance ascribed by the former to the Vedas, which were in Sanskrit, a language prevalent in the northern part of India, while the latter stressed the importance of the Divya Prabandams of Alwars, which were in Tamil, the language prevalent in the southern part of India. This distinction has, in fact, no meaning since both in temple worship and in the hearths and homes, the two streams have been so integrated and observed by both the branches.

 

32. Swami Sri Vedanta Desika is generally regarded as representing the so-called

‘Vadakalai Sect’. But, since he has produced monumental works in both the ‘Northern Sanskrit’ and the ‘Southern Tamil’, he and his followers could more appropriately be called, ‘Ubhaya Kalai’ [both Kalais]  rather than ‘mere Vadakalai’.

33. As long as Thiru.Ramanuja was alive, Sri Vaisnavas attached equal importance to both the Sanskrit and Tamil sides of their tradition. They stayed together as one group following the beliefs and practices of the ‘Acharyas and the Azhwars’. After Ramanuja, however, certain teachers tended to emphasize the Sanskrit Vedas, while others emphasized the Tamil Divya Prabandhanas. The move towards the Tamil Divya Prabandhams was natural because Tamil was the mother tongue of the people; but, the consequences of this division between the Sanskrit and Tamil sides of the tradition, led to differences of philosophical interpretation. This in turn eventually led to a split among the Sri Vaisnavas into two groups, the so-called ‘Northerners – the Vadakalai’, and the so-called

‘Southerners – the Tenkalai’.

 

34. In theory, ‘the Vadakalai’ places greater stress on the Sanskrit side of the tradition, whereas ‘the Tenkalai’ give more emphasis to the Tamil side. In actual practice, however, the Vadakalai and Tenkalai connect themselves to Ramanuja through descendent lines running through different theologians. The Vadakalai connects them through ‘Vedanta Desika’, where as the Tenkalai connect them through ‘Pillailokacarya.’

 

35. Article 25 and 26 of the Constitution of India along with the Preamble warns the strict observance of the above Rituals and Agamas.
36. The authoritative decision in Siddiq (Ram Janmabhumi Temple) -Vs- Suresh Das reported in (2020) 1 SCC 1 would support more or less the above view at paras 229 and 230 in the following words:-

“Hinduism is an expansive religion that believes divinity in the form of the Supreme Being is present in every aspect of creation. The worship of God in Hinduism is not limited to temples or idols but often extends to natural formations, animals and can even extend to everyday objects which have significance in a worshipper’s life. As a matter of religion, every manifestation of the Supreme Being is divine and worthy of worship. However, as a matter of law, every manifestation of the Supreme Being is not a legal person. Legal personality is an innovation arising out of legal necessity and the need for adjudicative utility. Each conferment of legal personality absent an express deed of dedication must be judged on the facts of the case and it is not a sound proposition in law to state that every manifestation of the Supreme Being results in the creation of a legal person.”                           (Para 229)

 

“It is true than an idol is not a prerequisite for the existence of a juristic person. Where there exists an express deed of dedication, the legal personality vests in the pious purpose of the founder. The idol is the material embodiment of the pious purpose and is the site of jural relations. There are instances of the submergence or even destruction of the idol in spite of which it has been held that the legal personality continues to subsist. Even if a testator were to make a dedication to a religious purpose but the idol did not exist at the time the dedication was made or the manifestation of the divine was not in the form of the idol, but in the form of some other object of religious significance, the legal personality would continue to vest in the pious purpose of the dedication itself. However, that is not the situation in the present case. In the case of the second plaintiff in Suit No. 5, there exists no express deed of dedication.”                             (Para 230)

V. PLACES OF WORSHIP ACT, 1991:-

 

37. Apart from the Preamble there is an enactment passed by the Parliament called Places of Worship Act, 1991 and from paras 92 to 105 of the judgment in Ram Janmabhumi Temple case, the importance of the above enactment is discussed. The said Act was enacted in 1991 by parliament and the same protects and secures the fundamental values of the Constitution. The Preamble underlines the need to protect the liberty of thoughts, belief, faith and worship. It emphasizes

Human Dignity and Fraternity.

 

38. Again observations made by Hon’ble Apex Court in Ram Janmabhumi Temple case reported in (2020) 1 SCC 1at paras 103 & 105 are important and hence they are reproduced below:-

 

“The Places of Worship Act is intrinsically related to the obligations of a secular State. It reflects the commitment of India to the equality of all religions. Above all, the Places of Worship Act is an affirmation of the solemn duty which was cast upon the State to preserve and protect the equality of all faiths as an essential constitutional value, a norm which has the status of being a basic feature of the Constitution. There is a purpose underlying the enactment of the Places of Worship Act. The law speaks to our history and to the future of the nation. Cognizant as we are of our history and of the need for the nation to confront it, Independence was a watershed moment to heal the wounds of the past. Historical wrongs cannot be remedied by the people taking the law in their own hands. In preserving the character of places of public worship, Parliament has mandated in no uncertain terms that history and its wrongs shall not be used as instruments to oppress the present and the future.”

“Section 4(1) clearly stipulates that the religious character of a place of worship as it existed on 15-8-1947 shall be maintained as it existed on that day. Section 4(2) specifically contemplates that all suits, appeals and legal proceedings existing on the day of the commencement of the Places of Worship Act, with respect to the conversion of the religious character of a place of worship, existing on 15-8-1947, pending before any court, tribunal or authority shall abate, and no suit, appeal or proceeding with respect to such matter shall lie after the commencement of the Act. The only exception in the proviso to sub-section (2) is where a suit, appeal or proceeding is instituted on the ground that the conversion of the religious character of a place of worship had taken place after 15-8-1947 and such an action was pending at the commencement of the Places of

Worship Act.”

VI. PLACES OF WORSHIP:-

 

39. In view of the above law and the Parliamentary enactment, the places of worship are given both Constitutional and statutory protection and the government while dealing the same have to keep in mind the basic and fundamental right of worship available to the worshippers.
40. For considering the value of the fundamental and basic right of worship versus the right of the authorities of the temple or trustees we have to take note of the decision in Sri VenkataramanDevasam –Vs- State of Mysore reported in AIR

1958 SC 255, which readily gave answer to almost all the questions raised above.

 

 

41. In the above case the validity of Sec.3 of the Madras Temple Entry Authorization Act throwing the entry open to all excluded classes of Hindus at the cost of interest of the GanaSaraswati Brahmins was challenged by them on the ground that the above temple was founded for the exclusive use and benefit of Ganasaraswati Brahmins and hence other excluded classes of Hindus cannot be permitted inside in view of the fundamental right guaranteed to them under Article 26 (b) of the Constitution of India.

 

 

42. The Hon’ble Apex Court in its report elaborately discussed the practice of idol usage worship, regulation thereof by the Agamas and the efficacy and enforceability of such Agamas. Paras 17 and 18 of Report deal with the above aspects and they are reproduced below for the purpose of this case:-

 “17…….. The Gods have distinct forms ascribed to them and their worship at home and in temples is ordained as certain means of attaining salvation. These injunctions have had such a powerful hold over the minds of the people that daily worship of the deity in temple came to be regarded as one of the obligatory duties of a Hindu. It was during this period that temples were constructed all over the country dedicated to Vishnu, Rudra, Devi, Skanda, Ganesha and so forth, and worship in the temple can be said to have become the practical religion of all sections of the Hindus ever since. With the growth in importance of temples and of worship therein, more and more attention came to be devoted to the ceremonial law relating to the construction of temples, installation of idols therein and conduct of worship of the deity, and numerous are the treatises that came to be  written for its exposition. These are known as Agamas, and  there are as many as 28 of them relating to the Shaiva Temples, the most important of them being the Kamikagama, the

Karanagama and the Suprabedagama, while the Vikhanasa and the Pancharatra are the chief Agamas of the Vaishnavas. These Agamas, contain elaborate rules as to how the temple is to be constructed, where the principal deity is to be consecrated, and where the other Devatas are to be installed and where the several classes of worshippers are to stand

and                 whorship.                           The                 following                     passage                          from                            the                  judgment                             of

SadasivaAiyar,J.                               in GopalaMoopanar                           –Vs-

DharmakartaSubramaniyaIyer, 1914 SCC Online Mad 104 gives a summary of the prescription contained in one of the Agamas: (SCC

OnLine Mad)

 

 ‘……In the Nirvachanapaddhathi it is said that Sivadwijas should worship in the Garbagriham, Brahmins from the ante Chamber or Sabah Mantabam, Kshatriyas, Vysias and Sudras from the Mahamantabham, the dancer and the musician from the Nrithamantabham east of the Mahamantabham and that castes yet lower in scale should content themselves with the sight of the Gopuram.”

 

 

 

The other Agamas also contain similar rules.

“18. According to the Agamas, an image becomes defiled if there is any departure or violation of any of the rules relating to worship, and purificatory ceremonies (known as Samprokshana) have to be performed for restoring the sanctity of the shrine (vide judgment of Sadasiva Iyar, J in Gopala Moopanar –Vs- Dharmakarta Subramaniya Iyer) 1914 SCC

Online PC 10. In Sankaralinga Nadan –Vs- Rajeswara Dorai, 1908 SCC Online PC 10 it was held by the Privy Council affirming the Judgment of the Madras High Court that a trustee who agreed to admit into the temple persons who were not entitled to worship therein, according to the Agamas and the custom of the temple was guilty of breach of trust. Thus, under the ceremonial law pertaining to temples, who are entitled to enter into them for worship and where they are entitled to stand and worship and how the worship is to be conducted are all matters of religion. The conclusion is also implicit in Article 25 which after declaring that all persons  are entitled freely to profess, practice and propagate religion  enacts that this should not affect the operation of any law throwing open Hindu religious  Institutions of a public character to all classes and sections of Hindus. We have dealt with this question at some length in view of the argument of the learned Solicitor General that exclusion of persons from temple has not been shown to be a matter of religion with reference to the tenets of Hinduism. We must accordingly hold that if the rights of the appellants have to be determined solely with reference to Article 26(b), then Section 3, of Act 5 of 1947, should be held to be bad as infringing it.”

 

43. After observing so, the Hon’ble Apex Court held that the provisions of Art.26(b) are also subject to those contained in Art.25(2)(b) and accordingly dismissed the plea set up by the GanaSaraswati Brahmins in the suit out of which the proceedings arose.

IX. AIR 1961 SC 1402:-

44. The above authoritative pronouncement of the Hon’ble Apex Court in 1958 was again reiterated in Durgah Committee –Vs- Syed Hussin Ali reported in AIR

1961 SC 1402.

 

45. Hon’ble Mr.Justice Gangendragadher J as His Lordship then was of the

following view at P.1415 , para 33:-

 “33…………that in order that the practices in question should be treated as a part of religion they must be regarded by the said religion as its essential and integral part; otherwise even purely secular practices which are not an essential or an integral part of religion are apt to be clothed with a religious form and may make a claim for being treated as religious practices within the meaning of Art.26. Similarly, even practices through religious may have sprung from merely superstitious beliefs and may in that sense be extraneous and unessential accretions to religion itself. Unless such practices are found to constitute an essential and integral part of a religion their claim for the protection under Art.26 may have to be carefully scrutinized; in other words, the protection must be confined to such religious practices as are an essential and an integral part of it and no other.”

X. (2004) 2 SCC 770:-

46. Almost after 50 years, the above view was again expressed in the majority view in Commissioner of Police –Vs- Acharya Jagadishwarananda Aradhita reported in (2004) 12 SCC 770 though the minority view in the said case preferred to take a contrary opinion relying, inter alia, on Shiru Mutt reported in AIR 1954 SC 282 and Cantwell –Vs- Connecticut reported in 1940 SCC Online US SC 89 and United States –Vs-Ballard reported in 1944 SCC OnLine US SC 73, Para 57 of the minority opinion containing the discordant note is reproduced below:-

 

“57. The exercise of the freedom to act and practice in pursuance of religious beliefs is as much important as the freedom of believing in a religion. In fact, to persons believing in religious faith, there are some forms of practicing the religion by outward actions which are as much part of religion as the faith itself. The freedom to act and practice can be subject to regulations. In our Constitutions, subject to public order, health and morality and to other provisions in Part III of the

Constitution. However in every case the power of regulation must be so

exercised with the consciousness that the subject of regulation is the fundamental right of religion and as not to unduly infringe the protection given by the Constitution. Further in the exercise of the power to regulate, the authorities cannot sit in judgment over the professed views of the adherents of the religion and to determine whether the practice is warranted by the religion or not. That is not their function. (See Cantwell

–Vs- Connecticut, 1940 SCC Online US SC 89, L Ed at pp 1213-18, United

States – Vs- Ballard,1944SCC OnLine US SC 73, L Ed at pp 1153, 1154.)”

 

 

 

XI. HEREDITARY ARCHAKARS:-

47. The validity of the Amendment Act of 1970 which came into force on 08.01.1971 amending Sec.55 of the Tamil Nadu Hindu Religious and Charitable Endowment Act 1959 by adding Clause (2)55,

 “that no person shall  entitled to appointment to any vacancy referred to in (1) merely on the ground that he is next in the line of succession to the last holder of office was challenged in Seshammal –Vs- State of Tamil Nadu reported in (1972) 2 SCC 11.”

 

 

48. While upholding the validity of the above Amendment the Hon’ble Apex Court was quick to add that the condition to make the appointment from persons beyond next in line to the last holder alone is struck down and nothing else. The

Hon’ble Apex Court has clearly clarified that while making appointment of Archakars the Trustee has to necessarily give importance to the usage of a temple which enjoined hereditarily appointments.

XII. SESHAMMAL’S CASE CLEARLY DISTINGUISHED THE SECULAR     AND NON SECULAR ACT IN THE TEMPLE:-

49. Para 22 of the Constitutional Bench Judgment in that case for our immediate reference is reproduced below:-

 

“22. In view of Sub-Section (2) of Section 55, as it now stands amended, the choice of the trustee in the matter of appointment of an Archaka is no longer limited by the operation of the rule of next-in-line of succession in temples where the usage was to appoint the Archaka on the hereditary principle. The trustee is not bound to make the appointment on the sole ground that the candidate, is the next-in-line of succession to the last holder of office. To that extent, and to that extent alone, the trustee is released from the obligation imposed on him by Section 28 of the usage of a temple which enjoined hereditary appointments. The legislation in this respect, as we have shown, does not interfere with any religious practice or matter of religion and, therefore, is not invalid.” 

XIII. (2016) 2 SCC 725 – IT GIVES IMPORTANCE TO THE AGAMASAND RITUALS:-

50. What was said in Seshammal’s case is clearly clarified by the Hon’ble Apex Court in Adhi Saiva Sivachariyargal Nala Sangam –Vs- State of Tamil Nadu reported in 2016 (2) SCC 725 in the following words at the end of para 48 at Page No.755:

“What has been said in Seshammal  (1972) 2 SCC 11 is that if any prescription with regard to appointment of Archakas is made by the Agamas, Sec.28 of the Tamil Nadu Act mandates the Trustee to conduct the temple affairs in accordance with such custom or usage. The requirement of constitutional conformity is inbuilt and if a custom or usage is outside the protective umbrella afforded and envisaged by Arts.25 and 26, the law would certainly take its own course. The Constitutional legitimacy, naturally, must supersede all religious beliefs or practices.”

51. In the above case of Adi Saiva Sivachariyargal Nala Sangam reported in (2016) 2 SCC 725,O.No.118, dated 23.5.06 issued by the Govt., of Tamil Nadu was put to challenge and the crux of the said Govt., order attacked by the above petitioners under Art.32 of the Constitution of India is as follows:-

“Any person who is a Hindu and possessing the requisite qualification and Training can be opted as an Archaka in Hindu

Temples.”

 

 

 

52. The above Govt., Order was challenged by the Petitioner on the ground that the appointment of an Archaka has to be as per the Agamas governing the particular Temple and any deviation of the said age old custom and usage would be an infringement of a freedom of Religion and the right of religious denominations to manage its own affairs as guaranteed  by Arts.25 and 26 of the Constitution held by the Constitutional Bench Judgment in Seshammal –Vs-  State of Tamil Nadu, reported in (1972) 2 SCC 11.

 

 

53. The Hon’ble Apex Court in the above case clarifying the law laid down the verdict given in Seshammal’s case has held that the Govt., Order dated 23.5.06 by its Blanket Fiat that any person who is a Hindu and possessing the requisite qualifications and Training can be appointed as an Archaka in Hindu Temple has the potential of falling foul of dictum laid down in Seshammal’s case reported in (1972) 2 SCC 11.

 

54. It was further held that the appointments of Archakas have to be made in accordance with the Agamas subject to their due identification as well as their conformity with the Constitutional mandates and principles as discussed in the case. The last but one para 24 of the Judgment in Seshammal’s case is necessarily to be quoted here and accordingly it is quoted below:-

“———————– Moreover if any Rule is framed the Govt., which purports to interfere with rituals and ceremonies of the Temple, the same will be liable to be challenged by those who are interested in the temple worship. 

In our opinion, therefore the apprehensions now expressed by the petitioners are groundless and premature.”

55. I humbly submit that Sections 55 and 57 of the Tamil Nadu Hindu Religious and Charitable Endowments Act XXII of 1959,and Rule 2(e) and 12 of the Tamil Nadu

Hindu Religious Institutions (offices and Servants) Service Rules, 1964, read with Article 16(5) of the Constitution of India. It is better to have a view at Article

16(5) as the claim for appointment to Archakas or Priest is always based on Article 16(1) and other provisions of Part III of the Constitution verses Customary practices, rituals and Agamas.

“Article 16(5) -Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination”.

 

56. A Cursory glance at Article 16(5) would reveal that it operates more or less an exception in the matter of appointment to the post of Archakas as the word religion mentioned above includes religious faith and belief of lakhs and lakhs of followers of the concerned religion. Now, we peruse the provisions of the Tamil Nadu Act and the Rules in the above background.

“….55. Appointment of office-holders and servants in religious institutions.—(1) Vacancies, whether permanent or temporary among the officeholders or servants of a religious institution shall be filled up by the trustee [in all cases].   

[Explanation.—The expression “office-holders or servants” shall include archakas and poojaries. 

[(2) No person shall be entitled to appointment to any vacancy referred to in sub-section (1) merely on the ground that he is next in the line of succession to the last holder of the office.] 

[(3) * * *] omitted by section 2(3) of the Tamil Nadu HR&CE (Amendment)

Act, 1970 (Tamil Nadu Act 2 of 1971).

(4) Any person aggrieved by an order of the trustee under [sub-section (1)] may, within one month from the date of the receipt of the order by him, appeal against the order to [the Joint Commissioner or the Deputy Commissioner, as the case may be].”

 

57. Section57 speaks about the power to fix fees for services, etc., and to determine their appointment in the following words:-

“ Notwithstanding anything contained in any scheme settled or deemed to have been settled under this Act or any decree or usage to the contrary, the trustee of a religious institution shall have power, subject to such  conditions as the  Commissioner may, by general or Special order, direct to fix fees for the performance of any service, ritual or ceremony in such religious institutions and to determine what portion, if any, of such fees shall be paid to the archahas or other office holders or servants of such religious institution.”

58. When Section 55 defines that the expressions “Office holders or servants” shall include archakas and poojaries, Rule 2 of the Tamil Nadu Hindu Religious Institutions (Officers and Servants) Service Rules 1964 does not include specifically Archakas and poojaries in the definition of Officer or Servant Defined under Rule 2(c) or Outdoor servant defined under 2(d) or Ulthurai Servant defined under 2(e) of the above Rules. But the same can be inferred from the definition of Ulthurai Servants under Rule 2 (e). For our convenience they are reproduced below:- 2 (c) runs as follows:-

“‘Officer’ or ‘Servant’ includes a person who holds an office to which an inam granted, confirmed or recognized by the Government is attached or who is remunerated in land or in cash.”

2(d) and 2(e) define ‘Outdoor Servant’ and ‘Ulthurai Servant.’

2 (d) “Outdoor servant” means a servant other than a Ulthurai servant;

2(e)   defines ‘Ulthurai Servant’ means a servant whose duties relate mainly to the performance or rendering assistance in the performance of pujas, rituals or other services to the deity, the recitation of mantra, Vedas, prabandas,  Thevarams and similar invocations and the performance  of duties  connected with such performance or recitations.”

 

The Archakas can be brought under the above definition and they are expected to perform pujas, rituals or other services to the deity, the recitation of Mantras, Vedas, Prabandas , Thevarams and similar invocations.

 

59. There is no prohibition either in the Act or the Rules prohibiting anyone to get appointed as Archakas in the Temples but they must know the Rituals, Mantras, Vedas, Prabandas and Thevarams and as per Rule 3 they have to profess the

Hindu Religious as appointment to the said post is Secular as held in

Seshammal’s case reported in (1972) 2 SCC 11 dated 14.03.72.Further, in view of Article 16(5) none can claim appointment in the temples as a matter of right no doubt on the basis of their caste, birth or any other Constitutionally unacceptable parameter also.

60. Above all Rule 12 of the above Rules makes mandatory for the Archaka to possess the knowledge in Mantras, Vedas, Prabandas, Thevarams and other invocations in the following words:-

“Rule 12. Certificate of fitness for performing certain service. – Every ulthurai servant, whether hereditary or non-hereditary, whose duty is to perform pujas and recite mantras, vedas, prabandams, thevarams and other invocations shall, before succeeding, or appointment to an office, obtain a certificate of fitness for performing his office, from the head of an institution imparting instructions in agamas and ritualistic matters and recognised by the Commissioner, by general or special order or from the head of a math recognised by the Commissioner, by general or special order or such other person as may be designated by the Commissioner, from time to time, for the purpose.”

 

Thus, it is clear that not only the knowledge but also there should be an acknowledgment of the knowledge. Yes such a knowledge should have been

acknowledged by way of a certificate of fitness for performing his office from the head of an institution imparting instructions in agamas and ritualistic matters and recognized by the Commissioner by general or special order or from the head of a math recognized by the Commissioner by general or Special order or such other person as may be designated by the Commissioner from time to time for the purpose.

[

So the Act and the Rules protect well the religious sentiments of all the sects of the Hindu Religion by providing sufficient safeguards to see that the Rituals, Ceremonies and Mantras are followed as per Vedas and Agamas and Article 16(5) protects the same.

61. Further, Section 105 declares clearly that none of the provisions of Tamil Nadu Act 22 of 1959, is intended to affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any religious institution or its established usage in regard to any other matter, and authorize any interference with the religious and spiritual functions of the head of a math.

Section 105 runs as follows:

“105. Savings.—Nothing contained in this Act shall – 

• save as otherwise expressly provided in this Act or the rules made thereunder, affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any religious institution, or its established usage in regard to any other matter ; or
• authorize any interference with the religious and spiritual functions of the head of a math including those relating to the imparting of religious institution or the rendering of spiritual service.”

 

To make it more clear Section 107 of the Act further declares protecting the

Hindu religious faith in the following words:-

“107. Nothing contained in this Act shall, save as otherwise provided in Section 106 (removal or discrimination in the distribution of prasadams and theerthams) and in clause (2) of Art. 25 of the Constitution (regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice and providing for social welfare and reform or the throwing open of Hindu Religious  institutions of a public character to all classes and sections of Hindus) be deemed to confer any power or impose any duty in contraventions of the rights conferred on any religious denomination or any section thereof by Art.26 of the Constitution.

62. What is meant by the literary meaning of Article 25(2) of the Constitution of India is that social welfare measures and reforms can be brought forth and the public temples can be thrown open to all sections and classes of Hindus. Now – a- days, none is prevented from entering into the temple to worship God or offering flowers, leaves and fruits to the God as they choose in any public temple. But, the appointment to do pujas and rituals is different from worship and it is subject to Article 16(5), Sections 105 and 107 of the Act and Rule 12 of the above Rules 1964.
63. The Social Welfare measures and reforms mean to provide sanitary facilities, drinking facilities, rest room, equal treatment to all to take part in the tender of various items concerned with the temple and do all other works other than the work related to the religious faith and belief of the thousands of followers guided by Agamas, Vedas and other Customary practices protected by our Constitution, as the right for appointment though secular the duties after appointment are religious concerned with the religious faith of the devotees.

 

III- FUNDAMENTAL RIGHT OF THE DEVOTEES AT LARGE -VS FUNDAMENTAL RIGHT FOR APPOINTMENT TO THE POST OF “ARCHAKA”

OR “PRIEST”:-

 

64. The fundamental right to anyone to get appointed to the post of Archaka subject to what is said under Article 16(5) should not offend or affect the fundamental rights of the Hindu devotees at large whose genuine expectation is that their offerings to be answered by God should be taken to God in a proper manner to God by chanting Mantras and Vedas as per Agamas and other Rituals by proper persons. One is the fundamental right for appointment of an individual which is secular and another is the fundamental right of the Hindu followers at large which is purely religious. To put in other words the appointment is Secular and the performance of the appointees in the post of Archaka is Religious dealing with the religious faith of the lakhs and lakhs of people of the oldest Hindu religion. When appointment to the post of Archaka is protected under Articles14 and 16 of the Constitution of India, it is subject to Article 16(5) and the performance of rituals by the Archaka after appointment deals with the fundamental rights guaranteed under Articles 25 and 26 of the Constitution of India of the Hindus at large. To put it in otherwise the appointment should protect the fundamental rights and religious faith of the Devotees and Hindus at large. Only by taking note of the above ticklish issue the Act 22 of 1959 is enacted and any interpretation to the provisions of the Act and Rules should aim at only the above object.

III-(i): Knowing and Following : Twin Principles:-

65. Sections 105 and 107 read with Rules 2, 3 and 12 above quoted should be in the above back ground interpreted to mean that the appointment should be guided only by the Agama Sastras and Vedic principles to do  rituals for the deity duly certified by a religious Head. As per the Agamas and Vedas it is not only necessary that the rituals and pujas should be performed for the deity properly but the people doing those rituals should be strict in observing the same in their daily walk of life. Further, the pujas and the rituals should be done only according to the religious faith of the devotees and not to the capacity or knowledge of the appointees. In the absence anyone of two, i.e., knowing and following one cannot claim any right for the appointment to the post of Archakas as it deals with the fundamental right of the majority of the Hindu People throughout the country under Articles 16(5), 25 and 26 of the Constitution of India.  

On those aspects there are certain case laws of the Hon’ble Apex Court which are dealt with one by one below:-

III-(ii) : Seshammal and others –vs- State of Tamil Nadu reported in (1972) 2 SCC 11 dated 14.03.1972:-

66. The first one on the line is Seshammal and others –vs- State of Tamil Nadu reported in (1972) 2 SCC 11 and at para 24 of the judgment of the Hon’ble Apex Court, the Constitutional Bench of the Apex Court (5 Judges) has held as follows:

“…….24. It was, however, submitted before us that the State had taken power under Section 116(2), clause (xxiii) to prescribe qualifications to be possessed by the Archakas and, in view of the avowed object of the State Government to create a class of Archakas irrespective of caste, creed or race, it would be open to the Government to prescribe qualifications for the office of an

Archaka which were in conflict with Agamas. Under Rule 12 of the Madras Hindu Religious Institutions (Officers and Servants) Service Rules, 1964 proper provision has been made for qualifications of the Archakas and the petitioners have no objection to that rule. The rule still continues to be in force. But the petitioners apprehend that it is open to the Government to substitute any other rule for Rule 12 and prescribe qualifications which were in conflict with Agamic injunctions. For example at present the Ulthurai servant whose duty it is to perform pujas and recite vedic mantras etc, has to obtain the fitness certificate for his office from the head of institutions which impart instructions in Agamas and ritualistic matters. The Government, however, it is submitted, may hereafter change its mind and prescribe qualifications which take no note of Agamas and Agamic rituals and direct that the Archaka candidate should produce a fitness certificate from an institution which does not specialise in teaching Agamas and rituals. It is submitted that the Act does not provide guidelines to the Government in the matter of prescribing qualifications with regard to the fitness of an Archaka for performing the rituals and ceremonies in these temples and it will be open to the Government to prescribe a simple standardised curriculum for pujas in the several temples ignoring the traditional pujas and rituals followed in those temples. In our opinion the apprehensions of the petitioners are unfounded. Rule 12 referred to above still holds the field and there is no good reason to think that the State Government wants to revolutionise temple worship by introducing methods of worship not current in the several temples. The rule-making power conferred on the Government by Section 116 is only intended with a view to carry out the purposes of the Act which are essentially secular. The Act nowhere gives the indication that one of the purposes of the Act is to effect a change in the rituals and ceremonies followed in the temples. On the other hand, Section 107 of the principal Act emphasises that nothing contained in the Act would be deemed to confer any power or impose any duty in contravention of the rights conferred on any religious denomination or any section thereof by Article 26 of the Constitution. Similarly, Section 105 provides that nothing contained in the Act shall (a) save as otherwise expressly provided in the Act or the rules made thereunder, affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any religious institution, or its established usage in regard to any other matter. Moreover, if any rule is framed by the Government which purports to interfere with the rituals and ceremonies of the temples the same will be liable to be challenged by those who are interested in the temple worship. In our opinion, therefore, the apprehensions now expressed by the petitioners are groundless and premature.

67. From the above law laid down by the Constitutional Bench of the Hon’ble Apex Court it is clear that the Archakas should be capable of doing rituals and pujas in accordance with Agamas as envisaged under Rule 12 of the Tamil Nadu Hindu Religious Institutions (Officers & Servants) Service Rules 1964, read with and

Sections 105 and 107 of the Tamil Nadu Hindu Religious  and Charitable Endowments Act, 1959, which declares that nothing contained in the Act could be deemed to confer any power or impose any duty in contravention of the rights conferred on any religious denomination or any section thereof by Article 26 of the Constitution of India. Further, as provided specifically under Section 105 of the above Act nothing contained in the Act shall save as otherwise expressly provided in the Act or the rules made thereunder affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any religion institution or its established usage in regard to any other matter. Article

16(5) protects the same. Section 105 has to be read with Section 107 of the Act and Article 16(5) of the Constitution of India and the combined reading of all would convey a clear message that there cannot be any Government Order to introduce any provision affecting the rights conferred on any religious denomination or any section thereof except what is expressly stated in the Act and the Rules. When the petitioner expressed apprehension that the Government may pass any order for the deviation from Agamas and Vedas in Seshammal case the Hon’ble Apex Court had given liberty to challenge the same.

 

III-(iv) : Adi Saiva Sivachariyargal Nala Sangam –vs- State of Tamil Nadu reported in (2016) 2 SCC 725 dated 16.12.2015

68. What is said in Seshammal’s case is further clarified in Adi Saiva Sivachariyargal Nala Sangam –vs- State of Tamil Nadu reported in (2016) 2 SCC 725 at paras 28, 48, 50 and 51 which are available at pages 743 and 754-756 and they are reproduced below for our convenience.

“……28. A reading of the judgment of the Constitution Bench in Seshammal [Seshammal v. State of T.N., (1972) 2 SCC 11] shows that the Bench considered the expanse of the Agamas both in Shaivite and Vaishnavite temples to hold that the said treatises restricted the appointment of Archakas to a particular religious denomination(s) and further that worship of the deity by persons who do not belong to the particular denomination(s) may have the effect of even defiling the idol requiring purification ceremonies to be performed. The Constitution Bench further held that while the appointment of Archakas on the principle of next-in-line is a secular act the particular denomination from which Archakas are required to be appointed as per the Agamas embody a longstanding belief that has come to be firmly embedded in the practices immediately surrounding the worship of the image and therefore such beliefs/practice constitute an essential part of the religious practice which under Section 28 of the Act (extracted above) the trustee is bound to follow. The above, which the petitioners contend to be the true ratio of the law laid down by the Constitution Bench in Seshammal [Seshammal v. State of T.N., (1972) 2 SCC 11],has been questioned by the respondents who argue that Seshammal [Seshammal v. State of T.N., (1972) 2 SCC 11] is but the expression of an agreement of the

Constitution Bench to what was a concession made before it by the Advocate

General                    of                   the                 State.             According                    to                   the           respondents,

in Seshammal [Seshammal v. State of T.N., (1972) 2 SCC 11] the Constitution Bench had no occasion to deal with the issue arising herein, the challenge before it being confined to the validity of the Amendment Act of 1970.

Again at para 48, the Hon’ble Apex Court has observed as follows:-

“48. Seshammal is not an authority for any proposition as to what an Agama or a set of Agamas governing a particular or group of temples lay down with regard to the question that confronts the court, namely, whether any particular denomination of worshippers or believers have an exclusive right to be appointed as Archakas to perform the pujas. Much less, has the judgment taken note of the particular class or caste to which the Archakas of a temple must belong as prescribed by the Agamas. All that it does and says is that some of the Agamas do incorporate a fundamental religious belief of the necessity of performance of the pujas by Archakas belonging to a particular and distinct sect/group/denomination, failing which, there will be defilement of deity requiring purification ceremonies. Surely, if the Agamas in question do not proscribe any group of citizens from being appointed as Archakas on the basis of caste or class the sanctity of Article 17 or any other provision of Part III of the Constitution or even the Protection of Civil Rights Act, 1955 will not be violated. What has been said in Seshammal [Seshammal v. State of T.N., (1972) 2 SCC 11] (supra) is that if any prescription with regard to appointment of Archakas is made by the Agamas, Section 28 of the Tamil Nadu Act mandates the trustee to conduct the temple affairs in accordance with such custom or usage. The requirement of constitutional conformity is inbuilt and if a custom or usage is outside the protective umbrella afforded and envisaged by Articles 25 and 26, the law would certainly take its own course. The constitutional legitimacy, naturally, must supersede all religious beliefs or practices.

Then at para 50 of the Adi Saiva Sivachariyargal Nala Sangam –vs- State of Tamil Nadu case the Hon’ble Apex Court is has held as follows:

 

……50. What then is the eventual result? The answer defies a straightforward resolution and it is the considered view of the Court that the validity or otherwise of the impugned G.O. would depend on the facts of each case of appointment. What is found and held to be prescribed by one particular or a set of Agamas for a solitary or a group of temples, as may be, would be determinative of the issue. In this regard it will be necessary to re-emphasise what has been already stated with regard to the purport and effect of Article 16(5) of the Constitution, namely, that the exclusion of some and inclusion of a particular segment or denomination for appointment as Archakas would not violate Article 14 so long as such inclusion/exclusion is not based on the criteria of caste, birth or any other constitutionally unacceptable parameter. So long as the prescription(s) under a particular Agama or Agamas is not contrary to any constitutional mandate as discussed above, the impugned G.O. dated 23-5-2006 by its blanket fiat to the effect that, “Any person who is a Hindu and possessing the requisite qualification and training can be appointed as a Archaka in Hindu temples” has the potential of falling foul of the dictum laid down in Seshammal [Seshammal v. State of T.N., (1972) 2 SCC 11] . A determination of the contours of a claimed custom or usage would be imperative and it is in that light that the validity of the impugned G.O. dated 23-5-2006 will have to be decided in each case of appointment of Archakas whenever and wherever the issue is raised. The necessity of seeking specific judicial verdicts in the future is inevitable and unavoidable; the contours of the present case and the issues arising being what has been discussed.

The order is at para 51 which is reproduced below:

“….51. Consequently and in the light of the aforesaid discussion, we dispose of all the writ petitions in terms of our findings, observations and

directions                   made                  above              reiterating                    that                      as held

in Seshammal [Seshammal v. State of T.N., (1972) 2 SCC 11] , appointments of Archakas will have to be made in accordance with the Agamas, subject to their due identification as well as their conformity with the constitutional mandates and principles as discussed above.”

69. Article 16(5) referred to in the Hon’ble two Judges Bench in Adi Saiva Sivachariyargal Nala Sangam mandatorily protects the centuries old Customary practices, Rituals, practices, Agamas and Vedas and Sections 105 and 107 of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959, read with

Rule 12 of the Rules already quoted have to be approached only in the light of

Article 16(5). For our convenience Article 16(5) is reproduced again and it runs as follows:-

“ Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body there of shall be a person professing a particular religion or belonging to a particular denomination.”

70. In view of the above there is no chance of appointing any person who is not able to perform pujas and recite mantras, Vedas, Prabandhams, Thevarams and other invocations as Archakas of the Temples as per the religious faith and belief of the devotees.
71. When anyone who claims to have been trained in all should obtain a certificate of fitness for performing his office from the head of an institution imparting instructions in agamas and ritualistic matters and recognised by the Commissioner by general or special order or from the head of a math recognised by the Commissioner by the general or special order or such other person as may be designated by the Commissioner.

IV – THE ACT AND THE RULES PROTECTED UNDER ARTICLES 16(5), 25 AND

26 OF THE CONSTITUTION OF INDIA AND THE CLAIM FOR IMPARTING

TRAINING TO  ENABLE ANYONE TO BECOME AN ARCHAKA OR PRIEST:-

72. Then, the next question is as to whether the classes can be conducted for all to satisfy Sections 105 and 107 of the act and Rule 12 of the Tamil Nadu Hindu Religious Institutions Rules 1964.
73. They can do so irrespective of the warning given in the Agamas about the persons who have to chant mantras and do the rituals on the basis of the no objection expressed by the petitioner to Rule 12 in Seshammal’s case recorded by the Hon’ble Apex Court.

(a)Language:-

74. But the training or classes should be both in Sanskrit Scriptures and Tamil Thevarams and Thiruvasagams etc., as the temples are meant for the followers, well wishers and the devotees from other states and the countries throughout the world and a priest cannot claim that I know only one language and I’ll do pujas and rituals only as per that language and not to the satisfaction of the religious faith and belief of the devotees.
75. There cannot be any Institution for the purpose of Rule 12 to impart training only in a particular known language and not in any common language in which our Vedas, Mantras, Agamas, Rituals and Ceremonies are mostly described. Further, it is for the devotees to choose the manner of rituals and the way of their offerings under Articles 25 and 26 of the Constitution of India.
76. Even if the Government comes forward to do so in other language also the next question is as to how many may be ready to learn the same and further question is as to how long the courses can be conducted.

(b)Mantras and Pronunciation with the Movement of Fingers and Breath:-

77. The mantras and rituals as per Agamas and Vedas do not only involve the memorising the tough Mantras, Vedas and the rituals but they do involve the physical exercise and the quick movement of fingers and the hands too apart from the individual Archaka’s observance of rituals to keep themselves mentally and physically clean.

(c)Duties of an Archaka:-

78. After undergoing all the tough formalities and necessities, a person chooses to become an Archaka, then what are the duties and functions of the appointees and the timings are important.
79. One should not do the work of a priest in the temple like an officer or an employee employed in the temples.
80. The Archakas have to open the temple atleast before 6 AM and there are so many popular ancient temples where the temples of so many huge Praharams have to be kept open even by 4.30 AM to 5.30 AM.
81. They have to start doing the rituals for the deity whether the devotees do turn up or not sharply in the timings meant for each temple. Then they have to perform ‘Abishekam’ for all the deities by chanting Mantras either with a servant or along with the devotees who paid money for that in recognition of their prayer.

IV-(i): Whether the appointment is Blessing or Burdensome when comparing

to other jobs:-

82. The temple has to be opened in Brahma Muhurtham atleast before 6.00 am to the maximum and there are so many ancient temples mentioned and praised by Vedas, Agamas and our religious Saints opened at even 4.30 am to 5 am to perform Ko puja and other rituals.
83. In Srirangam temple starting from 4 am Gajendra puja, Ko puja and other pujas with the ‘Poobalam’ are being performed to Ranganatha Perumal. At Thiruvannamalai also the same thing is being followed. Like that there are so many ancient temples which follow the same and the wonder is during those functions in the early morning hours hundreds of devotees irrespective of the sex, caste and creed take part.
84. Then Uchikala Pooja has to be performed and the temple may be closed by 11.30 AM to 12 Noon or 1 PM as the case may be.
85. Again, it has to be kept opened by 4 pm to 4.30 pm and again all the rituals and then ‘Sayaratcha pooja’ by 6 pm to 6.30 pm.
86. Then they have to attend the devotees or wait for them. By 8.30 to 9 pm or 9.30 pm they have to close the temple after doing ‘Arthajama Pooja.’
87. Each and every performance of the rituals and ceremonies is very tough involving not only the physical labour but also the mental strain of chanting

Mantras and Vedas and attending the devotees.

(a)Salary:-

88. Then what is more important is about the salary and other benefits available to the priests. It varies from temple to temple and depends upon the trustees and the income of the Temples.
89. Now only the Hon’ble Division Bench in W.P.No.574/15 has taken much care about the plight of these priests and passed orders for the Minimum Wages.

 

(b)Appointment of Women and Their Safety:-

90. When the question of appointment of women comes further additional problems are their safety and protection to come to the temples on the early morning and leaving the temple of large structure of various Praharams and Sannithis left aloof in the night after doing ‘Arthajama Pooja’. Then other discomfort exclusively created by God for women and then their stamina of doing Abhishekam for the deities in the temples apart from chanting mantras has to be minded.

(c)Income of the Temples:-

91. The temple income definitely with the above hand work is not sufficient to lead a peaceful or satisfactory life except the income from few popular temples where there also may be number of shareholders. The priests and Archakas now-a-days survive only on their individually performing ‘Homam’ or ‘Thevasam’ or

‘Grahapravesam’ or Marriage function or other ceremonies celebrated by the Hindus at their home or in the public places. Now-a-days most of the temples have only handful of devotees and the income to the ‘Archakas’ depends upon their generosity. There is no sufficient income even to lit the lamp of the temples and protect the deities with the application of herbal oil on that.

92. The income of the temples also varies from place to place and the importance and location of the temples. Whileso, it is very difficult for the State to interfere and frame the common rules for all the temples altogether and there is no possibility at all for that. When it is not possible then the question of discrimination in the appointment becomes questionable. So, the appointment has to be left to the practice of each temple and such appointment mostly is being done only by the Local Executive Officer with the approval of the officials of the Hindu Religious and Charitable Endowments and there is no problem so far by anyone.

IV – (iii): a) Indian Young Lawyers Association and others (Sabarimala Temple in re) -vs- State of Kerela and others reported in (2019) 11 SCC 1.

b) Kantaru Rajeevaru (Sabarimala Temple review) -vs- Indian Young lawyerAssociation reported in (2020) 2 SCC 1

93. Though Sabarimala Temple case at the ratio of 4:1 permitted even the Women devotes irrespective of the age limit to worship, all the matters concerned with the religion are now pending before the Hon’ble 9 Judges Bench Judgment as in Review Petitions arisen out of that case the Hon’ble 3 Judges of 5 Judges Bench headed by the Hon’ble Chief Justice Ranjan Gogoi held that the religious faith should be protected. The same view was expressed by another Hon’ble Constitutional Bench to take a categorical view in respect of the birth place of Rama in Ram Janma Bhumi case.

 

 

IV – (iv): M. Siddiq (d) thr Lrs –vs- Mahant Suresh Das and Ors (Ram Janma Bhumi Temple Case) reported in (2020) 1 SCC 1 dated 09.11.2019:

94. The Constitutional Bench Judgement in Ram Janma Boomi case reported in (2020) 1 SCC 1, all the Hon’ble Judges unanimously held that the place in dispute for which there were continuous litigations is where Lord Rama was born on the basis of very old Sanskrit Scriptures, Vedas and epics upholding the religious belief and faith of all our ancestors apart from other admitted oral evidences of various religious leaders. Certain paras in the Judgment may be helpful to highlight the Constitutional importance to the religious belief and faith.

At para 1285 of the judgment in Ram Janma Bhumi Temple case various

holy scriptures referred by P.N.Mishra are dealt with as follows:

“….1285. Shri P.N. Mishra elaborating his submission has placed reliance

on       holy        scriptures Shrimad    Valmiki   Ramayana and Srimad

Skandpuranam, Rudrayamala, Sri Ramacharitamanasa and other scriptures like Shrimad Narashingha Puranam. Reliance has been placed on Verses 15 to 17 and 18 to 25 and particular pages of Ayodhya Mahatmya of Skanda Purana, he submits that the above verses gives the geographical situation of birthplace of Lord Ram, which is still verifiable. Shri Mishra took us to the oral evidence of witnesses where according to him witnesses have proved the locations as mentioned in Skanda Purana with respect to birthplace of Lord Ram. Referring to map prepared by Hans Bakker and the site plan prepared by Shiv Shankar Lal in Suit No. 2 of 1950, he submits that several marks mentioned in Skanda Purana are still present, which certifies the location of the birthplace as the disputed site.”

At paras 1288 and 1289, the Hon’ble Apex Court has observed about the religious right of the persons and the value of the religious scriptures in the following words:

“……1288. Religious faith of a person is formed on traditions, religious scriptures and practices. The Constitution Bench of this Court speaking through

B.K. Mukherjea, J. in Commr., Hindu Religious Endowments v. Sri Lakshmindra

Thirtha             Swamiar                    of                   Sri                Shirur        Mutt [Commr.,                Hindu             Religious

Endowments v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, 1954 SCR 1005 : AIR 1954 SC 282] held that religion is certainly a matter of faith with individuals or communities; in para 17, the following has been observed : (AIR p.

290)

“17. … Religion is certainly a matter of faith with individuals or communities and it is not necessarily theistic. There are well-known religions in India like Buddhism and Jainism which do not believe in God or in any Intelligent First Cause. A religion undoubtedly has its basis in a system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual well-being, but it would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress.”

1289. Religious scriptures, which are the main source of Hinduism are the foundation on which faith of Hindus is concretised. The epic Valmiki Ramayana is the main source of knowledge of Lord Ram and his deeds. The composition of Valmiki Ramayana dates back in the period Before Christ (BC). The Valmiki Ramayana is of a period earlier to Mahabharata and Srimad Bhagwadgita. The period in which Valmiki Ramayana was composed is much prior to beginning of Christian era. For the purposes of this case, it is sufficient to notice the statement of Suvira Jaiswal (PW 18), a witness produced by the plaintiff of Suit No. 4 as historian. She in her statement states “the period of Valmiki Ramayana is recorded as 300 BC – 200 BC”. Various scholars and others date Valmiki Ramayana to a much older period but it is not necessary to dwell in the said question since for our purpose, it is sufficient that Valmiki

Ramayana was composed in an era Before Christ.”

At para 1324, the Hon’ble Apex Court has observed the faith and belief regarding Janma Asthan during the period 1528 A.D. to 31.10.1858 as follows:

“……1324. During                            this                      period, Sri Ramacharitmanasa of              Gosvami

Tulasidasa                     was                composed                       in                  Samvat                     1631                 (1574-75                     AD).

The Ramacharitmanasa enjoys a unique place and like Valmiki Ramayana is revered, read and respected by Hindus, which has acquired the status of an Epic in Hindu faith. Gosvami Tulasidasa in Bala-Kanda has composed verses, which are spoken through Lord Vishnu. When Brahma appealed to Vishnu to relieve the

Devas, Sages, Gandharvas and earth from the terror of demon Ravana (Raavan),

Lord Vishnu said that I will take a human form and be born to Dasaratha and Kausalya in Kosalapuri. After Doha 186, Bala-Kanda in the following three chaupaiyas (Verses), Lord Vishnu says:

जनिडरपहुमुनिनिद्धिुरेिा।तुम्हनिलानिधररिउँिरबेिा।। अंिन्हिनितमिुजअवतारा।लेिउँनििकरबंिउिारा।।1।।

[“Fear not, O sages, Siddhas and Indra (the chief of gods); for your sake I will assume the form of a human being. In the glorious solar race I shall be born as a human being along with My part manifestations.”]

कस्यपअनिनतमिातपकीन्हा।नतन्हकहुँमैंपूरबबरिीन्हा।। तेििरथकौिल्यारूपा।कोिलपुरीप्रंिटिरभूपा।।2।।

[“The sage Kasyapa and his wife Aditi did severe penance; to them I have already vouchsafed a boon. They have appeared in the city of Ayodhya as rulers of men in the form of Dasaratha and Kausalya.”]

नतन्हकेंिृिअवतररिउँजाई।रघुकुलनतलकिोचाररउभाई।।

िारिबचिित्यिबकररिउँ।परमिक्तििमेतअवतररिउँ।।3।।

 

[“In their house I shall take birth in the form of four brothers, the ornament of Raghu’s line. I shall prove the veracity of all that was uttered by Narada and shall descend with my Supreme Energy (पराशक्ति).”]

The above chaupaiyas do not only refer to Vishnu taking human form in Avadhpuri i.e. Ayodhya but the verse specifically mentions that he will take human form at the house of Dasaratha and Kausalya. The above verses do not only refer to birth of Ram at Ayodhya but point out to “a place”, where he will take human form, which is clearly depicted in the words “tinha ke grha” (in their

house of Dasaratha and Kausalya).”                                                                       

At paras 1318 and 1319, the Hon’ble Apex Court as referred to the book of “Ayodhya” by Hans T. Bakker and Sanskrit scriptures also to arrive at a conclusion of the existence of Ram Janma Bhumi and they are reproduced below:

“…..1318. Hans Bakker, however, when proceeded to examine the history, Bakker also considered the Jains and Baudh’s scriptures. Bakker subsequently held that identity of Ayodhya and Saketa was started and completed in the age of Guptas. The further observations made in the book, which is to the following

effect:

“The reification of the realm of saga finally resulted in a general acknowledgment of the identity of Ayodhya and Saketa, that is the site AY, a process which was completed in the age of the Guptas. That the identification was not yet universally acknowledged during the rule of the early Guptas seems to follow from some Purana texts in which the Gupta rulers are credited with sovereignty over the real Saketa rather than over the marvellous Ayodhya.

The identification of Ayodhya with Saketa during this period is not only

attested                    in                   the                 Jaina                sources                   but                  also                    in              Sanskrit                  saga     to

wit Brahmandapurana 3.54.54 (Cp. Op.cit.3.54.5), and most consistently in Kalidasa’s Raghuvamsa. It is only from the period when the name Ayodhya was used to denote an existing township that we may expect to find corroborative archaeological evidence. Such testimony is indeed found among the inscriptions of the later Guptas (5th century) : an inscription dealing from AD 436 describes the donees of a gift as “Brahmins hailing from Ayodhya”. A Gupta inscription of AD 533/4 mentions a nobleman from Ayodhya. The spurious Gaya copperplate inscription of Samudragupta, probably a fabrication of the beginning of the 8th century, describes Ayodhya as a garrison town.”

1319. Thus, identity of Ayodhya has been attested and corroborated by

Sanskrit scriptures and the corroboration from the later Gupta period. Thus, the earlier observation made was only to the effect that Ayodhya is not attested by any epic literature, but once it was identified by the author himself, the earlier observation loses its importance. As far as observation of Bakker in which he equated Ayodhya to the city of Saketa, no exception can be taken. Saketa and

Ayodhya have been used as synonyms in other scriptures as well as historians. With regard to map of birthplace after considering the entire materials, Hans

Bakker attests the location of birthplace. The conclusions arrived by Hans Bakker cannot be said to be based on surmises or conjectures.”

At paras 1322 and 1323 also the Hon’ble Apex Court has dealt with the value of the ancient scriptures and writings to base their conclusion:

“…..1322. Janma Sakhies, which have been brought on the record contain a description of visit of Guru Nanak Devji to Ayodhya, where he had darshan of birthplace of Lord Ram. It is true that from the extracts of Janma Sakhies, which have been brought on the record, there is no material to identify the exact place of Ram Janma Bhumi but the visit of Guru Nanak Devji to Ayodhya for darshan of Janma Bhumi of Ram is an event, which depicted that pilgrims were visiting Ayodhya and were having darshan of Janma Bhumi even before 1528 AD. The visit of Guru Nanak Devji in 1510-1511 AD and to have darshan of Janma Bhumi of Lord Ram do support the faith and beliefs of the Hindus.

1323. It can, therefore, be held that the faith and belief of Hindus regarding location of birthplace of Lord Ram is from scriptures and sacred religious books including Valmiki Ramayana and Skanda Purana, which faith and beliefs, cannot be held to be groundless. Thus, it is found that in the period prior to 1528 AD, there were sufficient religious texts, which led the Hindus to believe the present site of Ram Janma Bhumi as the birthplace of Lord Ram.”
1324. The observations of the Hon’ble Apex Court at para 1277 in Ram Janma Bhumi Temple case are also relevant and hence they are reproduced below:

“…..1277. The concept of Hinduism has been defined by great scholars and jurists, but in this case, it is not necessary to dwell upon concept of Hinduism. The core of all religions and faith is one i.e. quest for truth, quest for knowing more about soul and quest to know more about Supreme, who in one or other form is worshipped in all religions. Every religion, every faith reveres and sings the glory of God with whom I all want to relate. Wordsworth in his beautiful poem has also echoed the same thought:

“Our birth is but a sleep and a forgetting;

The Soul that rises with us, our life’s star

Hath had elsewhere its setting,

And cometh from afar;

Not in entire forgetfulness,

And not in utter nakedness,

But trailing clouds of glory do we come

From God, who is our home,”

 

At para 1287.3, the Hon’ble Apex Court has chosen to declare as follows:

“…..1287.3. The stand of the plaintiff of Suit No. 4 with regard to faith and belief of Hindus regarding birth of Lord Ram at Ayodhya having been made clear and it having been accepted that there is no dispute about the faith of Hindu devotees that Lord Ram was born at Ayodhya, our consideration is confined to only a limited submission as to whether site of the disputed structure where Babri Masjid was constructed is the place of birth of Lord Ram or not. It will be necessary to consider the evidence led by the parties in respect of above aspect only.”

From the above observations of the Hon’ble Apex Court in Ram Janma Bhumi case one can easily infer that our religious faith and belief based on the Ancient Sanskrit Scriptures and verses and the opinion of the religious leaders are to be respected while performing a secular act of appointment of Archakas and Poojaries in the temples. Hence, a survey of case to case basis depending upon the nature of the temples has to be taken into account before deciding anything. If such a survey is taken, one can very easily understand that pujas are being conducted by other community people and women also to the exclusion of Iyers and Iyangars or along with them in most of the popular temples and village temples. Apart from that every devotee knows that most of the temples are under the control of other communities also.

(a)Temples where others are doing pujas and managing : Illustrative notExhaustive:-

96. At Mundahakanni Amman       Temple, Angalamman       Temple           and        other

Karumariamman Temple at Mylapore other community people are doing pujas. Like that there are hundreds of temples in the cities, towns and villages under the control of other communities supervised by the Hindu Religious and Charitable Endowments as per the Act and Rules except the very few ancient temples.

The        popular        Kandha        Kottam        Temple, Kachaleeshwarer        Temple,

PillaiyarPatti Karpaga Vinayagar Temple, Vairavar Temple etc., are managed only by other communities.

At Melmalayanur Angalamman temple a very popular temple

where Chenji at the time of new moon every month nearly thousands and thousands of people gather for worship and that is under the control of other community people only and other community people alone are doing pujas.

Like that a popular Siruvachur Madurakaliamman temple is under the

control of other community only.

Most of the Mariamman and Sakthi temples  are under the control of other community and women only .Even in and around Chennai there are so many temples under the control of other community or women only.

Even Thottiyam Madhurakaliamman temple is under the control of other community only. At Melmaruvathur everything is being done by women or other community only.

Trichy Pookkulam Angalamman temple and Woraiyur Vekkaliamman

temple are under the control of other community only.

At the entrance of Azhagar Koil the very old Karuppusamy temple and Madurai Veeran temple at the entrance of Meenakshiamman temple other community people alone are doing pujas.

There is not even an iota of indifference and misunderstanding between any sect of the people on that and infact each respects other whole heartedly. Only few instances are pointed above and it is not exhaustive, only illustrative.

V – AGAMAM AND VEDAS: WHAT DO THEY SAY:-

97. Apart from what are all stated above I may be permitted to quote certain verses from a book called “Kamikagama” first part published by SrilasriC.

Swamynaadha Shivachaariyar, General Secretary of South India Archagar Association, 1977, containing the details of Agamas, Vedas and Sithandas few of which are elaborately given with the concerned ancient verses in the forthcoming pages. Before that I quote as it is the “Foreword” and “Introduction” given by two great scholars of other community to that book below:-

(a)Foreword of Thiru. N. Murugesa Mudaliar:-

98. Thiru. N. Murugesa Mudaliar, retired Secretary to Government and Special Adviser, sometimes Patron, Saiva Siddhanta Maha Samajum, in his “Foreword” about a book has said as follows:

“I am writing this Foreword advisedly in English to attract the attention of modern scholars to the necessity for preserving the heritage of the Agamas as much as the Vedas and to encourage the custodians and interpreters thereof in cherishing and maintaining it. Vedagama Samraksana is the duty principally of all professing Hindus. For, both the Vedas and Agamas are sruti-they are apaurshaya and nitya-and they are spoken of as such in the same breath by Puranas and later Sastraic literature and great religious teachers from ancient times.

While the Upanishads known as Vedanta and the jnanapada of the Agarnas known as Agamanta (or Siddhanta) are well known, the Agama texts themselves were not easily accessible and could not be got yet by Western scholars to the same extent as Vedic texts. Except for the sporadic and much handicapped efforts at the beginning of this century of scholars like L. D. Barnett and R. W. Frazer, the Saivagamas were less fortunate than Sakta and Pancaratra texts at the hands ofArthur Avalon and Schroeder. Yet the practical and living religion of the Hindus to whatever denomination they may belong, is governed? as pointed out by Swami Vivekananda, from the Himalayas to Cape

Comorin by the Agamas only.

The vastness of *Saivagamas (28 mulagamas and 207 upagamas)-their slokas reckoned traditionally at many lakhs and the fact that even the extant texts were the close preserve of Sivacharyas were a deterrent to their publication. However, an attempt was made at the beginning of this century to publish a Few atleast of the powerful agamas by Konraimanagaram Shanmugasundara Mudaliar and later by his nephew Alagappa Mudaliar of Madras and this breakthrough was meritorious as it helped the Sivacharyas themselves and others yearning to knowabout the Agamas. Later, the Saivagama Paripalana Sangam Pudukkottai printed a few upagamas and

prakaragas . Currently the. French – Indological Institute, Pondicherry under the guidance of Prof. Jean Filliozat is engaged in the stupendous task of collecting and publishing the available Agamas one by one? but the editing is in French, As important and valuable as all these are the efforts of the South Indian Archakar

Sangam to reprint and publish some of the Agamas for the benefit of the Archakars and the public are praiseworthy. The Sangam has already made some progress inspite of heavy odds. It is a pity that although the secular control of temples have been under Government for over 50 years now, the reprinting of the Agamas, even with temple funds,  has not been given serious attention to upto this date. The Agamas are encyclopedic in their contents, covering rituals and philosophy, and are the storehouse of temple arts, architecture, music and dance which are of fascinating interest to many.

Many have only vague notions about the Agamas as even books on Indian Philosophy and Religions pay very scant attention to them (except perhaps Dr. S. N. Dasgupta’s book History of Indian Philosophy, Vol. V). For the information of the ignorant and the biased it has to be explained here that in point of chronology the Agamas are as ancient as the Vedas and they are both acknowledged as Divine Revalation from from the mouth of God. They are both sabda pramana and lead to avabodha jnana (self-luminious knowledge). All theistic religious like Saivism and Vaisnavism (including the Madhva

Vaisnavism) respect the Agamas and base their theological doctrines on them. The monistic Advaita relied only on the Upanishads with monistic trends for its metaphysics. The jnanapada of Agamas, are more explicit and indeed Svetarsvatara upanishad is sometimes called Agamic upanishad. The difference and distinction between the Vedas and the Agamas are that while the Vedas spoke of many Gods and of one Brahman, the Agamas are out and out monotheistic and their ontology is no less profound. Sankara Samhita of Skanda Purana speaks of the relation of the Vedas and Agamas thus : Vedas are in the middle of the mouth, the Aksharas are the teeth and the Agamas are from the very tongue of Siva (“Aasya madhye sthitha veda devadevasya bhasura, Aksharam tu dautam jihvayam tu Sivjnana“). Later Saints like Tirumular in Thirumandram which is considered to be the essence of the Agamas and

Manikavachagar and Nammalvar (both Saiva and Vaisnava) and scholiasts like

Haradatta, Srikantha, Sivagrayogin Sivajnanaswami and Appaya Dikshita have looked upon Vedas as common and the Agamas as specific as the latter are for all irrespective of caste and sex that yearn for the descent of the Grace of Siva (saktinipada). The Agamas are synthetic-mantra, tantra and siddahanta, and embrace charya, kriya, yoga and jnana padas. What is more, they provide for the sacrament of diksa, ordinary and special, besides the gayatri for svartha and parartha puja, No one without Agamic diksa can perform any puja at home or in the temple. Hence a knowledge of the Agamas is necessary to all alike if they wish to take the sacrament of dilcsa for a divine office or for self – salvation..

 

The present publication of Kamikagama, Purvabhaga, Part 1, by the South Indian Archakar Sangam, Madras (which has within its fold.-both Saiva and Vaisnava archakas) is to be welcomed and encouraged. This volume gives the Agama text in grantha script together with tatparya (gist) in Tamil for the benefit of all. One patala alone has been transliterated in Tamil but not others. (The Sangam has already published the entire Purvabhaga in Devanagari script).

The contents of the present volume are briefly given in its preface. The Tantravatara patala gives the origin of the Agamas. The Mantravatara patala gives an account of the mantras. The rest of the patalas give a detailed account of the various rituals and their significance.

Kamikagama is one of the longest Agamas and most of the temples in

South India follow it only. It is looked up on as the feet of Siva. It deals with all

the rituals from karshana (turning the sod) to pratista (installation) of deities. The uttarabhaga deals with diksa, festivals etc. So this is a complete Manual for priests and laymen and for the inquisitive scholar who wants to know the details and symbolism of Agamic worship, private and public. Indeed there is currently a great interest in the information from other religionists and Western scholar. This publication would therefore serve a felt need by the Hindus and non-Hindus and place the Agamas before a world view…”

 

 

 

(b)Introduction given by Thiru. M.Arunachalam:-

99. Thiru. M.Arunachalam, gave an introduction to the book in the following words:

“The Saiva Agamas are some of the earliest books in the Sanskrit language on the Saiva religion and philosophy, written over a period of several centuries before the Christian era. The Agamas represent on independent class of writing by very early seers, who had an inward experience and enlightenment from the Supreme Being, and who were also perhaps influenced by the Vedas in their original form. They had realised in their lives and thoughts the general truths taught by the early Upanisads. So far as Saivism is concerned, these seers were not men from the North. They were  essentially representatives of All India and they reflected in their thoughts, modes of meditation and worship, and in their writing, the inherent Theism of the South, The Theism of the south or rather, the Saivism of the Tamilians, was the growth of an unbroken era tradition probably from the pre-historic past and this had three elements fused into it. These are worship of idols and images, both in the shrines throughout the land and in the devotees own houses, symbolism and the inward meditation and realisation. These three were not separate compartments, but basically one harmonious integrated whole. When the Upanisads were added on to the Vedas in the course of the later centuries, they could not but be influenced by the religion and philosophy flourishing around them. These naturally embody a considerable volume of the thought of the agmic. scholars, because some of the early Agarnas were earlier than these later Upanisads in point of time and the Agamas were much more alive and vibrating with life and activity than the Upanisads, because they dealt with definite and concrete objects, while the others dealt only with abstract concepts. The very fact that some later Upanisads came to be written shows that the followers of the original Upanisads had to take note of agamic thoughts and, to bring them also into a single common fold, adopted the device of writing further Upanisads, to embrace fresh thought on the same subject. The Saiva Upanisads such as Brhadjabala did certainly come into existence a long time after the Agamas.

 

(b)(i):AGAMAS, VEDIC CULTURE AND UPANISHADS:-

The Agamas claim Vedic authority for their doctrines. The agama doctrines are indeed theistic and such theism is not foreign to the Upanisads.

The following agamic passages may be seen to affirm the derivation of the Agamas from the Vedas .‘The siddhanta consists of the essence of the Veda ‘ (Suprabhedagama) ; ‘ ‘This tantra is of the essence of the vedas ‘ ; ‘ This siddhanta knowledge which is the significance of Vedanta is supremely good ‘ (Makuta). It has been suggested that the agamic systems were developed out of the Brahmanas in the same way as the Upanisads, though at a much later stage, and that some of the later Upanisads like the Svetasvatara, which address the Supreme Being by a sectarian title and not as Param Brahman, as of yore, probably grew up under the shadow of the Agamas. The agamic cult which was that of the generality of the people, and the Vedic cult which was that of the priestly classes, officiating for themselves or for others, were both indigenous ; they existed and grew up side by side from the earliest times  without any extraneous influence ; the distinction between the two was in no sense racial.

The Agamas are deemed to have scriptural authority and are often called the Veda and the Fifth Veda. As a matter of fact, although the Sanskrit Nighantu names the Veda as the Nigama and the Tantra as the Agama, the Veda and the Agama both seem to have been denoted by the common term sruti up to the XI century, after which period the above distinction of Nigama and Agama seems to have been adopted. The agamic (tantric) texts, as we know them today, had for the most part preceded Buddhism and only the agamic cult had been able gradually to swallow up Buddhism on the Indian sub-continent, and ultimately to banish it altogether from the Indian soil ; it was not the Upanisadic philosophy but the agamic cult that was responsible for the supplanting of Buddhism and for the fusion of the salient features into the core of the Hindu religion.

 

(b)(ii):AGAMA – EMANATION FROM GOD:-

Several explanations have been offered for the term agama. One is that because it emanated from God, it is called the Agama, that which came (from God). Another is that the three letters a-ga-ma respectively denote pati, pasu and pasa (the self, the soul and the bonds) and that the agama deals with all these three entities and their relationship, and hence this name. 

 

(b)(iii):AGAMA – MEANING OF:-

A Sanskrit verse gives an interesting meaning for the three syllables a, ga and ma ;

Agatam siva vaktrebhyah, gatam ca girija mukhe,

Matam ca siva bhaktanam, agamam cheti katyate.

 

(b)(iv):ORIGIN OF AGAMAS AND THE GROUTH:-

 

‘The agamas originated from the faces of Siva, fell on the ears of Parasakti and spread in the world as the mata of the Siva bhaktas ‘. The agamas take their name from the first letters of the words agatum (originated), gatam

(fell) and matam (religion). 

The common noun agama simply means coming or acquisition. 

But in the Saiva school, a special root meaning is indicated for the term. 

 

It is given as a-knowledge, ga-liberation and ma-removal of the bonds. The agama came to be called as such, since a study and adherence to its codes liberates the soul from bondage, causes realization of the Supreme, and ultimately confers Eternal Bliss.

 

Agamas are common to the three prominent schools and they are called

Agama in Saivism Samhita in Vaishnavism and Tantra in Saktaism.

 

The agamas had not been quite popular in North India for the simple reason that they were all written in palm leaf manuscript in the grantha characters which were unknown in the north. Their script was the nagari, However, the Sivagama Paripalana Sangham of Devakottai published some Upagamas in the nagari script. The French Institute of Indology in Pondicherry are now publishing a series of agamas in the nagari script. They have so far published parts of the Ajtha, Raurvava and Mrgendra. Their Matanga is to be released soon. They have been able to secure 23 out of the 28 principal agamas.

 

The agamas have the -greatest currency in the Tamil Country. The great Prof. S. N. Dassgupta has stated that not a single manuscript of importance is available in’ Banaras, considered the greatest seat of Sanskrit culture. It therefore goes without saying that the Saivagamas have been a rare and special preserve of the Sivacharyas in Tamil Nadu. All temple worship, festivals, installation, consecration etc., are here done according to the agamas. The thousands of temples in this country are standing monuments to the prevalence of the agamic cult from the ages past down to the present day.

 

Each Agama has a number of subsidiary agamas called Upagamas and their number is 207. Among the Upagamas the Paushkara and the Mrgendra are well known. The principal agamas being with Kamika and end with Vatula.

Each agamas has the four parts or padas called Vidya, Kriya, Yoga and Charya. The Vidyapada is the philosophical part while the Kriya pada is the ritualistic part. The other two parts are generally very short. The Kriyapada of the Kamika Agama has been the most well known part in Tamil Nadu. This is one of the largest of the known agamas. It is said to represent the Feet of Siva. Its

Kriyapada alone has been printed, in two parts, by the Sivajnanabodha press, in

1901. The total number of verses in it are 12.000, made up as follows : purva5166, Uttara-6477 ; verses lost 357. The term Kamika means ‘ the object desired ‘ ; the term Kamikagama is said to signify ‘the Book which grants the desire do bject to the souls ‘and helps them to final release through severance of bonds’: The Kamika is the agama which is ‘widely in use today. Sivacharyas saythat its authority derives from the fact that it always prescribes the rules very definitely, saying ” this and not that”

 

The Purva Kamika the first part was published with a Tamil translation done by Visveswara Sastri of Tiruvottiyur. It has four sections dealing with the revelation of the agamas, rules for daily observance and worship, rules for the construction of temples and houses and for performance of rituals and rules for the installation of the deities.

 

The Kamika published by Shanmugasundara Mudaliar had long been out of print and most of the present generation could never have set its eyes on it. The non-availability of this Kriyapada text was naturally a great handicaps to the earnest archaka who wanted really to study the scripture and follow it in the temple’s rituals. The South Indian Archakar Association through   its

Secretary Shri C.Swaminatha Sivacharya published in February 1976 the Kriyapada text alone in the nagari script. This no doubt made the text available to Sanskrit scholars but the entire bulk of the Sivacharyas could not use it because they knew only the grantha script. Realising this, the association has now brought out a handsome volume of the Kriyapada, past I, in the grantha script with a complete paraphrase in the Tamil language, chapter by chapter, in about 480pages. The wealth of the information and guidance contained in ‘ this part cannot be brought out in a short introduction. Suffice it to say that an archaka who has not made every line in this book his owndoes not know his job. Archakas hereafter do not have any execuse to say that they do not know any ritual connected with Siva worship. The volume is an encyclopedia which will reward even any Saiva for a careful scrutiny.

 

After noting the above scholarly note of the 2 great scholars if we enter into the book of Kamikagama, we can find the basis of “Kaamikaadhi Shivagamam at pages 8 to 29 of the book as the verses at the page Nos. 24to 29 are relevant to the issue in question, they are reproduced below with the explanation given in the book itself:-

b)(v):ANCIENT LITERATURE IN THE FORM OF VERSES AND MEANING:-

 

 

 

 

 

 

 

100. From the above very old religious verses it is clear that the action or ceremony started as per particular Agama has to be completed only as per that Agama, unless and otherwise an exception is provided to do the same with other Agamas.
101. Though many things are stated Shiva Vakiya of 4 facets alone may take us to the heaven. The Agamas heard by Saints and Gods were in brief taught to others. Those Agamas have to be chanted only by Adi Saiva Sivachariyargal hereditarily and except them none should do. Even a Brahmin in the absence of Shiva Dhiksha should not chant Saiva Shastras and Agamas and if they do so the King and the Kingdom would get ruined. Hence, the King should stop it. The practices and ceremonies related to Saiva Shastras cannot be done by other Sashtas and if they are done the king and his dynasty will get ruined. In respect of Yamalam, Mathruthandram, Kabalam, Paancharatram, Buddhism, Arhadham, laagulam, vaitheega etc., religious Lingas can be established as per the Agama Sashtras by Adi Saivits. It is made clear that Adi Saivits have got right to do in all religions because of their speciality to deal with the glory of Lord Shiva and others do not have any such right. If any others are permitted to do so the king and his dynasty would get affected.
102. Thus, it is clear that when a particular sect is meant for doing pujas as per the customary practices for the deities and the temples from time immemorial it is not advisable to introduce any other practice in the name of advancement of civilization, culture and artificial expansion of statutory provisions affecting the rights and interest of the common people and Article 16(5) according to me protects the same. Each and every temple is protected by its own customary practices, Agamas, Vedas and other Ancient Scriptures on the basis of their locality and establishment. In our state there is no prohibition for the women or any other sect of people to set up the temple for their own community and do pujas. Infact, there are thousands of such temples in our state in the villages and cities of our State where exclusively the pujas are being done by either by all or by a particular community other than Brahmins and all the people invariably visit those temples also and worship God without any indifference and problems.
103. So far in our State there is no indifference among the people on the basis of performance of a puja in the temple. The judgment of the Hon’ble Constitutional Bench in Ram Janma Bhumi Temple case has cleared almost all the issues by observing that the Sanskrit scriptures and books govern the Hindu Religious faith and practice and they can be relied upon.
104. From the above judgment if we approach the Agamas and Vedas reproduced above then one need not have any doubt that none can claim as matter of right to intrude and invade the religious faith and conscience of the common Hindu people.

 

 

VI – TAMIL SCRIPTURES:

105. At last but not the least, in Sivapuranam written by Manikavachagar, 4^th sentence runs as follows:

“ஆஆஆஆஆ ஆஆஆஆஆஆஆஆஆ ஆஆஆஆஆஆஆஆஆஆஆ ஆஆஆஆ ஆஆஆஆஆ”  which gives a

message that Lord Shiva himself is an Agama or is made of Agama. 

Verse 2 of  Thiruppanjakkara Thiruppathigam third Thirumurai 22^nd Thiruppathigam runs as follows:

“ஆஆஆஆஆஆ ஆஆஆஆஆஆஆ ஆஆஆஆ ஆஆஆஆஆஆ ஆஆஆஆஆஆஆஆஆஆ ஆஆஆஆஆஆஆஆ ஆஆஆஆஆ ஆஆஆஆஆஆ ஆஆஆஆஆஆ ஆஆஆஆஆஆஆ ஆஆஆஆஆஆ ஆஆஆஆஆஆஆஆஆ ஆஆஆஆஆஆஆஆஆ ஆஆஆஆஆஆஆஆ ஆஆஆஆஆ ஆஆஆஆஆஆஆஆ”

(Shiva Peruman himself is of Mantras and 4 Vedas)

The first two lines of Seventh Thirumura 13^th Devan Thiruppathiham are

as follows:

“ஆஆஆஆஆஆஆஆஆஆ ஆஆஆஆஆஆஆஆஆ ஆஆஆஆஆஆஆஆ ஆஆஆஆஆ ஆஆஆஆஆஆஆஆஆ ஆஆஆஆஆஆஆஆஆ ஆஆஆஆஆஆஆஆ ஆஆஆஆஆ “

(The 4 Vedas are chanted and explained by Lord Shiva)

 

The first four lines of verse 7 of 29^th Devara Thiruppathigam of 7^th

Thirumurai:-

“ஆஆஆஆஆ ஆஆஆஆஆஆஆ ஆஆஆஆ ஆஆஆஆஆஆஆஆ ஆஆஆஆஆஆ ஆஆஆஆஆஆஆ

ஆஆஆஆ ஆஆஆஆஆ ஆஆஆஆஆ  ஆஆஆஆஆஆஆஆ

ஆஆஆஆஆஆ ஆஆஆஆ ஆஆஆஆஆஆஆஆஆ”

(Lord Shiva is Chanting Vedas)

 

The first line of 20^th Panchashara Thirupathigam of 4^th Thirumurai :

“ஆஆஆஆஆஆஆஆ ஆஆஆஆஆஆஆ ஆஆஆஆ ஆஆஆஆஆஆ”

(Lord Shiva is of Vedas)

 

The first two lines of the 61^st Thevara Thirupathigam of 7^th Thirumurai are reproduced below:

“விண் ணவரத்தாழுனதத்தநின் றாலன னவதந்தான்விரித்னதாதவல்லாலன”

 

(Vedas are being explained and chanted).

The first four lines of verse 16 of 8^th Thirumuraiyin Thiruvasaga Thirupathigam are reproduced below:

நன் றாகநால்வரக் ்கும் நான் மலறயின் உடத்பாருலள

அன் றாலின் கீழிருந்தங் கறமுலரத்தான்கானணடீ

                          (The meaning of four Vedas is voiced by Lord Shiva)

Above all Thevara Thirupathigam 108 in number of 3^rd Thirumurai of

Thirugnanasambandar is very very important to prove the incredible and invaluable importance of our Vedas and Agamas, as Sambandhar won in a challenge to safeguard our Religion with the help of Lord Shiva and hence it is reproduced below:

 

திருசசி்ற்றம்பலம்

னவதனவள்விலயநிந்தலனதசய்துைல் ஆதமில்லிஅமதணாடுனதரலர

வாதில்தவன் றழிக்கத்திருவுள்ளனம பாதிமாதுடனாயபரமனன ஞாலம்நின் புகனைமிகனவண் டுந்ததன் ஆலவாயில்உலறயும்எம்ஆதினய.  1 

 

லவதிகத்தின்வழிதயாழுகாதவக் லகதவமுலடக்காரமண் னதரலர

எய்திவாதுதசயத்திருவுள்ளனம லமதிகை்தருமாமணிகண் டனன ஞாலம்நின் புகனைமிகனவண் டுந்ததன் ஆலவாயில்உலறயும்எம்ஆதினய.  2 

 

 

மலறவைக்கமிலாதமாபாவிகள் பறிதலலக்லகயர்பாயுடுப்பாரக்லள முறியவாதுதசயத்திருவுள்ளனம மறியுலாங்லகயில்மாமழுவாளனன ஞாலம்நின் புகனைமிகனவண் டுந்ததன் ஆலவாயில்உலறயும்எம்ஆதினய.  3 

 

அறுத்தவங்கமாறாயினநீரல்மலயக் கறுத்தவாைமண் லகயரக்ள்தம்தமாடுஞ் தசறுத்துவாதுதசயத்திருவுள்ளனம முறித்தவாண் மதிக்கண் ணிமுதல்வனன ஞாலம்நின் புகனைமிகனவண் டுந்ததன் ஆலவாயில்உலறயும்எம்ஆதினய.  4 

 

அந்தணாளர்புரியும்அருமலற சிந்லததசய்யாஅருகர்திறங்கலளச் சிந்தவாதுதசயத்திருவுள்ளனம தவந்தநீறதணியும்விகிரத்னன ஞாலம்நின் புகனைமிகனவண் டுந்ததன் ஆலவாயில்உலறயும்எம்ஆதினய.  5 

 னவடடு்னவள்விதசயும்தபாருலளவிளி மூடடு்சிந்லதமுருட்டமண் குண் டலர ஓட்டிவாதுதசயத்திருவுள்ளனம காட்டிலாலனஉரித்தஎங்கள்வனன ஞாலம்நின் புகனைமிகனவண் டுந்ததன் ஆலவாயில்உலறயும்எம்ஆதினய.  6  அைலனதாம்பும்அருமலறனயார்திறம் விைலததன் னும்அருகர்திறத்திறங் கைலவாதுதசயத்திருவுள்ளனம தைல்இலங்குதிருவுருசல்சவனன ஞாலம்நின் புகனைமிகனவண் டுந்ததன் ஆலவாயில்உலறயும்எம்ஆதினய.  7 

 

நீற்றுனமனியராயினர்னமலுற்ற காற்றுக்தகாள்ளவும்நில்லாஅமணலரத் னதற்றிவாதுதசயத்திருவுள்ளனம ஆற்றவாளரக்கற்கும்அருளினாய் ஞாலம்நின் புகனைமிகனவண் டுந்ததன் ஆலவாயில்உலறயும்எம்ஆதினய.  8 

 

நீலனமனிஅமணர்திறத்துநின் சீலம்வாதுதசயத்திருவுள்ளனம மாலும்நான் முகனுங்காண் பரியனதார் னகாலனமனியதாகியகுன் றனம ஞாலம்நின் புகனைமிகனவண் டுந்ததன் ஆலவாயில்உலறயும்எம்ஆதினய.  9 

 

அன்றுமுப்புரஞ்தசற்றஅைகநின் துன்றுதபாற்கைல்னபணாஅருகலரத் ததன் றவாதுதசயத்திருவுள்ளனம கன்றுசாக்கியரக்ாணாத்தலலவனன ஞாலம்நின் புகனைமிகனவண் டுந்ததன் ஆலவாயில்உலறயும்எம்ஆதினய.  10 

 

கூடல்ஆலவாய்க்னகாலனவிலடதகாண் டு வாடல்னமனிஅமணலரவாட்டிட

மாடக்காழிசச் ம்பந்தன் மதித்தஇப் பாடல்வல்லவர்பாக்கியவாளனர

We all know that Saint Viyasar is the source of all Vedas and Hindu

religious practices and rituals. In Vishnu Sahasranamam, 4^th verse runs as follows:

“ஆஆஆஆஆஆஆ ஆஆஆஆஆஆ ஆஆஆஆஆ ஆஆஆஆஆ ஆஆஆஆஆ ஆஆஆஆஆஆஆ ஆஆஆ ஆஆ ஆஆஆஆஆஆஆஆஆஆஆ ஆஆஆஆஆஆஆஆஆஆஆஆ ஆஆ”

Which means to my knowledge that both Vishnu and Vyasar are one and the same.

106. In second reported (2020) 2 SCC 1 Sabarimala Case seeking review of the Judgement rendered in Indian Yound Lawyers Association (Sabarimala Temple, In Re) Vs State of Kerala reported in (2019 ) 11 SCC 1, the Hon’ble Apex court at the ratio of 3:2 has framed the 7 questions for the answer by the Lawyers from paragraph 5 to 9 of its Judgement at pages 15 and 16:

“…5. It is our considered view that the issues arising in the pending cases regarding entry of Muslim women in durgah/mosque [being Writ Petition (Civil) No. 472 of 2019] [Ed. : See the latest order in this case dated 5-11-2019 : Yasmeen Zuber Ahmad

Peerzade v. Union of India, (2020) 2 SCC 50 (1)] ; of Parsi women married to a nonParsi in the Agyari [being Special Leave Petition (Civil) No. 18889 of 2012] [Ed. : Reference may be made to two of the orders in these proceedings, the first order below referring the matter to a Constitution Bench : Goolrokh M. Gupta v. Burjor Pardiwala, (2020) 2 SCC 50 (2); and Goolrokh M. Gupta v. Burjor Pardiwala, (2020) 2 SCC 705] and including the practice of female genital mutilation in Dawoodi Bohra community [being Writ Petition (Civil) No. 286 of 2017] [Ed. : Reference may be made to the order referring the matter to a Constitution Bench in these proceedings : Sunita Tiwari v. Union of India, (2019) 18 SCC 719 : 2018 SCC OnLine SC 2667] may be overlapping and covered by the judgment [Indian Young Lawyers Assn. (Sabarimala Temple-5 J.) v. State of Kerala, (2019) 11 SCC 1] under review. The prospect of the issues arising in those cases being referred to the larger Bench cannot be ruled out. The said issues could be:

5.1.(i) Regarding the interplay between the freedom of religion under Articles 25 and

26 of the Constitution and other provisions in Part III, particularly Article 14.

5.2.(ii) What is the sweep of expression “public order, morality and health” occurring in Article 25(1) of the Constitution.

5.3.(iii) The expression “morality” or “constitutional morality” has not been defined in the Constitution. Is it overarching morality in reference to Preamble or limited to religious beliefs or faith. There is need to delineate the contours of that expression, lest it becomes subjective.

5.4.(iv) The extent to which the court can enquire into the issue of a particular practice is an integral part of the religion or religious practice of a particular religious denomination or should that be left exclusively to be determined by the head of the section of the religious group.

5.5.(v) What is the meaning of the expression “sections of Hindus” appearing in

Article 25(2)(b) of the Constitution.

5.6.(vi) Whether the “essential religious practices” of a religious denomination, or even a section thereof are afforded constitutional protection under Article 26.

5. (vii) What would be the permissible extent of judicial recognition to PILs in matters calling into question religious practices of a denomination or a section thereof at the instance of persons who do not belong to such religious denomination?
6. In a legal framework where the courts do not have any epistolary jurisdiction and issues pertaining to religion including religious practices are decided in exercise of jurisdiction under Section 9 of the Civil Procedure Code or Articles 226/32 of the Constitution the courts should tread cautiously. This is time honoured principle and practice.
7. In this context, the decision of the seven-Judge Bench of this Court in Commr.,

Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt

(Shirur Mutt) [Commr., Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (Shirur Mutt), 1954 SCR 1005 : AIR 1954 SC 282] holding that what are essential religious practices of a particular religious denomination should be left to be determined by the denomination itself and the subsequent view of a five-Judge Bench in Durgah Committee, Ajmer v. Syed Hussain Ali [Durgah Committee, Ajmer v. Syed Hussain Ali, (1962) 1 SCR 383 : AIR 1961 SC 1402] carving out a role for the court in this regard to exclude what the courts determine to be secular practices or superstitious beliefs seem to be in apparent conflict requiring consideration by a larger Bench.

8. While deciding the questions delineated above, the larger Bench may also consider it appropriate to decide all issues, including the question as to whether the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 govern the temple in question at all. Whether the aforesaid consideration will require grant of a fresh opportunity to all interested parties may also have to be considered.
9. The subject review petitions as well as the writ petitions may, accordingly, remain pending until determination of the questions indicated above by a larger Bench as may be constituted by the Hon’ble the Chief Justice of India…”

 

Questions framed at paragraph 5.2 (i), 5.4 (iv), 5.6 (vi) and 5.7 (vii) by the Hon’ble Apex Court then would include the freedom of religion under Article 25 and 26 of the Constitution and other provisions in Part III, particularly Article 14.

In view of the same it is admissible for the State Government to wait for the outcome of the Judgement of the Larger bench of the Hon’ble Apex court.

107. In view of what all are submitted above the grounds stated below may be permitted to take as,

ADDITTIONAL GROUNDS

 

1. That the notification challenged in the writ petition initiated by the Executive Officer of the Temple, an officer of the HR & CE Department in view of the Hon’ble Division Bench Judgement of our High Court reported in 2022 SCC Online Mad 4154 at Paragraph 56 is liable to be set-aside.

 

2. Unless and otherwise trustees are appointed in accordance with law there cannot be any appointment in view of the section 55 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

 

3. As per the above Hon’ble Division Bench Judgement, the Agama temples and non-Agama temples have to be first found out by the committee appointment by the Hon’ble Division Bench of the Madras High Court.

 

4. What is the nature of Agama followed by a particular temple has to be decided and only that Agama has to be practiced for the concerned temple.
5. Only thereafter the persons well-wersed in those Agamas have to be found out and appointed in the temples. The notification is nothing but an attempt to put the cart before the horse.
6. The notification says that one should have passed 10^th standard be well versed in Agamas, Vedas, rituals and other ceremonies and got a certificate either from the Government Institution for one year course or any other recognized Religious Institution by the commencement of HR & CE. It is not known how within a year a course in Sanskrit can be thought to make him well versed in all Rituals and Vedic and Upanishad Mantras. There is no syllabus prescribed for that.

 

7. Above all the Government Institutions is not mentioned in the Rule 12 upheld by the Hon’ble Apex court and hence the notification is bad in law.

 

 

8. In view of Sabarimala 2^nd case the matter is referred to the Larger Bench by the Hon’ble Apex court and the matter is sub-judice. Till the decision is rendered the Government must wait and allow the existing Archagas and Sthanigars to continue as per the custom and usage.

 

9. The revolution should not cut short the evolution out of religious faith on GOD and TEMPLES and anyhow, what is the religious practice or faith is sub-Judice in Sabarmina 2^nd Hence, Government has to wait for that verdict and persons already in the temple well versed on usage and custom can be continued and entrusted with the work as in each and every temple at least 10 are waiting for such a recognition.

 

108. It is therefore prayed that this Hon’ble court be pleased to permit the petitioner to raise the above Additional Grounds in addition to the grounds raised in the affidavit filed along with the above writ petition and pass as such other orders and thus render justice.

 

Solemnly affirmed and                                                                                                                                                                    BEFORE ME

The contents of the affidavit

Is read over to the deponent

The deponent seemed to have

Understood the contents of the

Affidavit and signed in my presence

On this the 12^th day of June, 2023

At Chennai.                                                                                                                                                                                    ADVOCATE CHENNAI