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A Modern Case Comment On Seshammal V. State Of Tamil Nadu (1972): The Case That Defined Freedom Of Religion And Secularism




Purab Sharma, HPNLU


INTRODUCTION TO THE CASE AND IT’S SIGNIFICANCE


In the annals of Indian constitutional law, the case of Seshammal & Ors vs State Of Tamil Nadu1, Cited as: Seshammal v. State of Tamil Nadu, (1972) 2 S.C.C. 11 (India), adjudicated on March 14, 1972, is a cornerstone judgment that examines the intersection of religious freedom and state intervention2. The case arose from a challenge to the amendments made to the Tamil Nadu Hindu Religious and Charitable Endowments Act of 1959, which sought to abolish the hereditary appointment of Archakas (temple priests) in Hindu temples across the state.


The significance of the Seshammal case in constitutional terms is profound. It tested the boundaries of Articles 253 and 264 of the Indian Constitution, which protect the rights to religious freedom and manage religious affairs. The Supreme Court’s decision to uphold the state’s amendments was pivotal in defining the scope of what constitutes an ‘essential religious practice’5.


The case continues to resonate in contemporary discourse, influencing subsequent legal interpretations and legislative measures concerning the administration of religious institutions. The significance of the Seshammal case lies in its exploration of the constitutional protection afforded to religious practices and the extent of state intervention permissible under the Indian Constitution6. The Supreme Court’s ruling that the hereditary appointment of temple priests is not an essential religious practice marked a pivotal moment in the interpretation of Articles 25 and 26.


This case set a precedent for the state’s authority to regulate religious institutions’ practices when such regulations serve the broader goals of social reform and equality. The Seshammal judgment continues to influence the legal discourse on the balance between religious autonomy and the state’s role in ensuring social justice and equality.

Commentaires


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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