SC stays ordinance to remove caste bar on priesthood

NEW DELHI: The Supreme Court on Monday stayed the operation of a Tamil Nadu government's ordinance that's perceived to be against the age-old norms of certain religious places. TN Chief Minister M Karunanidhi's government had promulgated the ordinance saying priests (archaks) of temples are to be appointed without any discrimination of caste or creed.

A Bench headed by Chief Justice Y K Sabharwal issued notices to the state commissioner and other authorities dealing with religious affairs of the state. Phennindia Thirukkoil Archhagarghal Paripalana Sabhai felt aggrieved by this mandate and sought the stay of the Tamil Nadu Hindu Religious and Charitable Endowments' (Amendment) Ordinance 2006.

They challenged the ordinance, on the ground that it defied a Constitution Bench judgment which held that the trustee was bound to make the appointment of priests (archakas) from a specified sect in accordance with the particular `agama' governing that temple. Thus, an executive order couldn't overrule a judgment. Moreover, the ordinance also violated the age-old custom that persons belonging to a particular denomination are entitled to enter the sanctum sanctorum, touch the idol and function as archakas.