What is the Temple Case in Kerala? Please read on:
Around 2000 temples in erstwhile Travancore and Kochi provinces (~2/3 of today's Kerala) were forcibly taken over by the East India Company in 1811 by armtwisting the then weak kingdoms. 1/9
Around 2000 temples in erstwhile Travancore and Kochi provinces (~2/3 of today's Kerala) were forcibly taken over by the East India Company in 1811 by armtwisting the then weak kingdoms. 1/9
Gradually the State funds & property became indistinguishable from the temple funds and property. Later some separation was done. Temples lost huge properties to the State but still substantial portion remained with the temples and State was the administrator. 2/9
The question of how to deal with temples arose while dissolving the Provinces in the independent India. A joint solution was worked out by the Kings and VP Menon, the able deputy of Sardar Patel. Thus came into being the two Boards to administer temples in Travancore & Kochi 3/9
That was in 1949. Constitution was not in place. We didn't become a republic even. However to tide over the impasse, a covenant was signed by two Kings and Menon. The Boards were called Travancore Devaswom Board and Cochin (Kochi) Devaswom Board with three members each 4/9
Two members will be nominated by the Kings and one member will be elected by Hindu MLAs of the assembly. Slowly the power of nomination went to the Governor and then to Hindu ministers of the cabinet. Therefore now the Hindu ministers nominate two members of the Boards 5/9
Howsoever defective this system be the devotees who elect a Hindu MLA are getting an indirect voting right in the election to the Board. But the devotees who elect a non Hindu MLA will not have even this nominal indirect voting right. 6/9
In Kerala the percentage of Hindu MLAs generally oscillate between 50&65. That means a large chunk of Hindus are not given voting right. Also, no qualifications are prescribed for the Board members leading to opacity, nepotism, favouritism and partiality. 7/9
These were the irregularities challenged in the Kerala HC. Dr.Swamy @Swamy39 argued that the take over of temples was by a foreign company and it should be struck down. He also brought in Article 31A to insist that the State cannot administrate the temples eternally 8/9
Though the Kerala HC agreed to most the points in the petition, it refused to issue Writ of Mandamus citing various limitations. However it issued certain recommendations to the Govt. Aggrieved by the unsatisfactory judgement of the Kerala HC, me and @Swamy39 moved SC. 9/9
