SRI DIVI KODANDARAMA SARAM AND ORS. versus STATE OF ANDHRA PRADESH AND ORS.

Citation: [1997] SUPP. 1 S.C.R. 341 · Decided: 09-05-1997 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Disposed off

Judgment (excerpt)

SRI DIV! KODANDARAMA SARAM AND ORS. 
v. 
STATE OF ANDHRA PRADESH AND ORS. 
MAY 9, 1997 
[K. RAMASWAMY AND D.P. WADHWA, JJ.] 
Andhra Pradesh Charitable and Hindu Religious Institutions and En-
dowments Act, 1987: Sections 6, 34, 5::Z, 65, 144, 152 and 154. 
A 
B 
Hindu law-State of Andhra Pradesh-Temples--Direction by Supreme C 
Court for constituting Committees for (i) detennination of temples which are 
assessable institutions and the income being derived by them (ii) rationalisa-
tion of scales of pay scales of Archakas and other officers; and (iii) Constitu-
tion of a pennanent fund and income arising therefrom to be distributed 
amongst Archakas-Recommendations made by respective Committees-Ac- D 
ceptance by Government with and without modifications-Approval by 
Supreme Court. 
While upholding the Constitutional validity of various provisions of 
the Andhra Pradesh Charitable and Hindu Religious Institutions and 
Endowments Act, 1987* this Court directed the State Governments to E 
constitute committees to determine the number of temples which were 
assessable institutions and the income being derived by them; (ii) to 
consider rationalisation of scales of pay and modality for payment of 
salary to Archakas and other officers as well as their rehabilitation be-
cause of abolition of their hereditary right to appointment; (iii) to con-
F 
stitute a permanent fund and the income derived from it by way of interest 
be distributed amongst the Archakas and servants of the temple by way of 
welfare measures; (iv) to work out the amounts paid pursuant to the 
interim directions and to adjudge the final liabilities. Pursuant to the 
directions given by this Court respective Committees were constituted G 
which went into the questions and submitted the reports to the Govern-
ment for approval. The Government have accepted the recommendations, 
some in toto and some of them subject to riders/suggestions/modifications 
and in turn submitted the same to this Court for approval. 
Disposing of the petitions, this Court 
341 
H 
A 
B 
342 
SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R. 
HELD: 1. The Committee has recommended that the temples whose 
annual income is less than Rs. 5 lacs may be allowed to be managed by the 
respective management of the temples etc. but be supervised by the Depart-
ment as is being now done so that the management of such temples may 
be allowed to pay such remuneration to the Archakas. In lieu of salary, the 
properties given to them may be retained by the Archakas for enjoyment 
subject to rendering service depending upon the income of the respective 
temples as per the prevailing circumstances. A sizeable part of the temples 
would come within that category and, therefore, the Government has 
accepted the classification with the rider that temple with such abnormally 
low income may be left to spend for themselves. The recommendation of 
C the Committee has rightly been accepted by the Government. It would be 
open to the State Government to issue a notification under Section 154 of 
the Act exempting such institutions from the purview of the provisions of 
the Act. (347-C-G] 
D 
2. The Committee recommended the payment of remuneration to the 
Archakas in all the temples to be made on a priority basis as the first 
charge. It has also recommended that in all such temples where the income 
is considerably low, especially in the case of temples classified under Sec-
tion 6(c), the payment to secular staff should be gradually minimised so as 
to ensure that the expenditure on the establishment should be limited to 
E 30% as provided under Section 57 of the Act. The recommendation as to 
gradual reduction of the secular staff employed in the aforesaid institutions 
is a welcome suggestion. Also the suggestion for gradual reduction of 
secular staff is quite reasonable so that the management and upkeep of the 
religious institutions, temples or endowments would remain within the 
·F 
budgetary provisions and that they could properly, effectively and efficiently 
be managed and maintained. All possible steps should be taken to exempt 
such temples from the purview of section 144 of the Act. (347-H; 348-A; F-G] 
3. Committee's recommendation regarding fixation of the cadre 
strength of Archakas for each temple solely on the basis of the income has 
G l!een qualified by suggestion with reference to other factors such as the 
types of rituals, festivals to be performed in each temple; the number of 
pilgri

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