SC allows TN to appoint priests in non-Agama temples in state

Indian Express

20-05-2025

Amid the ongoing debate sparked by the Waqf (Amendment) Act, 2025, about the extent to which the state can interfere in a community's religious affairs, the Supreme Court has allowed the Tamil Nadu government to appoint 'archakas' (priests) to the state's temples not governed by Agama tradition.
A bench of Justices M M Sundresh and Rajesh Bindal, in an order dated May 14 and made available Tuesday, allowed the state to fill the vacancies in non-Agama temples after a committee set up on the orders of the Madras HC completes its task of identifying the number of Agama temples in the state. The state said the identification exercise is expected to be completed within three months.
Agama temples are built and maintained according to ritual and traditions outlined in the Agamas, a collection of Hindu scriptures. On August 22, 2022, while hearing a batch of petitions by the All India Adi Saiva Sivacharyargal Seva Sangam and others, the HC had directed the state to constitute a five-member committee to 'identify the temples constructed as per Agamas' so that the archakas can be appointed accordingly and as per the the SC's 1972 order in Seshammal and Others vs State of Tamil Nadu.
In the Seshammal judgment, a five-judge Constitution Bench of the SC had said the appointment of archakas was a secular function.
Incidentally, the Centre has cited this judgment in its counter-affidavit filed before the SC justifying the 2025 amendments to the Waqf Act — pointing out that the top court had said 'that because the archaka owes his appointment to a purportedly secular authority [the board or trustees], the act of his appointment would be essentially secular and merely because the said archakas perform a religious function it cannot be said that the appointment is a part of a religious practice or a matter of religion.'
The petitioners before the HC had challenged the TN government's decision to appoint those who had undergone a one-year certificate course for archakas, in the state's temples. They contended this went against rituals outlined in the Agamas.
In its order, the HC had also said that the appointment of archakas in Agama temples can be challenged as and when the state makes those appointments, according to Advocate G Balaji, lawyer for a petitioner.
This was challenged before the SC, with the petitioners telling the top court that despite rulings by the SC and the Madras HC, the state government, 'in scant regard for law, are now attempting to appoint non-believers as archakas, only with a view to destroy the temples in Tamil Nadu'.
They added, 'it is well settled that a secular government does not have the power to interfere with the essential religious practices, as such right is well protected under the Constitution of India. Agamas undoubtedly pertains to an essential religious practice, which cannot be tampered with by a secular government'.
Issuing notice in the matter on September 25, 2023, the SC had ordered status quo regarding the appointment of archakas in Agama temples. The matter was taken up again for hearing by the bench of Justices Sundresh and Bindal on May 14, 2025.
Appearing for a writ petitioner, Senior Advocate Guru Krishnakumar objected to the appointment of one of the nominated members in the identification committee. The TN government then assured that the official 'would be replaced with a non-controversial person'.
Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry.
He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More