representation to hon'ble president 30.12.2015

7/23/2019 Representation to Hon'Ble President 30.12.2015

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30th

Dec 2015Chilkur

To

His Excellency Sri Pranab Mukherjee

Hon’ble President of India

Rashtrapathi Bhavan

New Delhi

From

Prof. M.V. Soundararajan

Pradana Archaka and Convenor Temples Protection Movement

Sri Chilkur Balaji Venkateshwara Swamy Temple

Telangana State

Subject: Constitution of a National Endowments Tribunal and Justice to Impoverished

Telangana Archaka community

Ref:1. Presidential Representation dated 18

th April 2015 and also numbered as

PRSEC/E/2015/05585 Covered in Media2. Suggestions by Religious Organizations on Judges Eligibility Criterion

extensively covered in Media

3. SC Order in NJAC cased dated 16th

Dec 2015

4. SC Judgement in TN Archaka Case in WP 354 of 2006 dated 16th

Dec 2015

We humbly request your Excellency to take serious cognizance of the representation by

various Religious Organizations lead by the ancient Sri Ahobila Mutt to the Hon’ble

Supreme Court. The representations have been widely covered in the media



It is to be noted that the Hindu Religious Endowments Commission has recommended

that the National Endowments Tribunal consisting of Religious experts have exclusive

original jurisdiction on Determination of what are matters of religion or essential

religious practices and what are ancillary or unessential accretions.

The Supreme Court in the Tamil Nadu Archaka case in WP 354 of 2006 judgement dated16th

Dec 2015 has indirectly acknowledged the importance of the views expressed by theReligious Organizations. “.. But to determine whether a claim of state action in

furtherance thereof overrides the constitutional gaurantees under Article 25 and Article

26 may often involved what has already been referred to as a delicate and unenviabletask of identifying essential beleifs and practices sans which the religion itself does not

survive. It is in the performance of this task that the absense of any exclusive

eccelsiastical jurisdiction of this court, if not other shortcomings and adequacies that can

be felt …”

In view of the above and representation dated 18th

April 2015 numbered as

PRSEC/E/2015/05585 we request your Excellency to do the following as part of theconsultation process on preparation of the MOP for Judges appointment as ordered by the

Supreme Court in its order in the NJAC case dated 16th

Dec 2015.

1. Suggest to Hon’ble Chief Justice of Supreme Court that the question of application ofEssential Practices of Hindu Religion is to be dealt with by Benches of five of more

learned Judges in conformance with the spirit enshrined in Art 145(3) of our

Constitution and the view expressed in the 16th

Dec judgement that the exercise of power must always be restricted and restrained.

2. Direct the Central Government as a first step towards enacting a Central Endowments

Act to constitute a National Endowments Tribunal with Religious Experts withexclusive Original jurisdiction on Determination of what are matters of religion or

essential religious practices and what are ancillary or unessential accretions as

recommended by the Hindu Religious Endowments Commission of 1962 headed bythe eminent Sir C.P. Ramaswamy Iyer. A draft Bill constituting such a Tribunal in

1968 was inexplicably dropped by the then Central Government.

3. Further in view of the judgement of the Supreme Court in TN Archaka Case dated16

th Dec 2015 and the interpretation of Art 16(5) protecting Agama Customs, Usage

and traditions vindicating our position on the wrong application of the Essential

Practices Doctrine in the 1996 judgement we also request your Excellency to do justice to the claim of over 1000 Crores of compensation due to Telangana Temples

and impoverished Archaka community through suitable direction to the Central

Government as requested in the letter dated 18th

April 2015.

Thanking You,

Yours Sincerely

( M.V. Soundararajan)

representation to hon'ble president 30.12.2015

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