Author: Ashvath Neelakandan, Student at Chettinad School of Law, Tamil Nadu
The Tamil Nadu Hindu Religious and Charitable Endowments (‘TNHRCE’) Act, 1959 was brought to amend and consolidate the laws relating to the administration and governance of Hindu Religious and Charitable Endowments in the state of Tamil Nadu. However, because this act interferes with the fundamental right of freedom of religion, many cases were filed to secure the fundamental rights and still are being filed.
The act also provides that the executive officer can be appointed for any temple under the control of a mutt or a specific endowment.
The Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 not only violates Article 14, Article 25 (2) (a) and Article 26 but also Article 13 (2) of The Constitution of India, 1949 because this Act passed is infringing the Fundamental Rights Clause of Part – III of the Constitution of India, 1949.