Agamic Tamil Nadu temples: SC orders status quo for appointment of priests

The plea filed through advocate G Balaji and P Valliappan urged the court to quash the TN Government order dated July 27– 2023, and the Government letter of August 28–2023, and all consequential orders by which the state attempted to interfere with the hereditary scheme of appointing archakas of a particular denomination in Agama temples by throwing it open to those from other denominations, too, who had done a one-year certificate course for archakas in schools run by the government.

The petitioner association pointed out that “prominent Shaivite and Vaishnavite temples in Tamil Nadu were built according to Agamas and worship therein is as per Agamas”.

The plea contended that despite rulings by SC and Madras HC, the state government “in scant regard for law, are now attempting to appoint non-believers as archakas, only with a view to destroy temples in the state. It is well settled that a secular Government does not have the power to interfere with essential religious practices, as such a right is well protected under the Constitution of India. Agamas undoubtedly pertains to an essential religious practice, which cannot be tampered with by a secular Government”.

It added that experience in Agamas is not secured by one year certificate courses but by years of rigorous training under learned Gurus. “…they obtain Deekshai or Samskara (initiation) from their Guru/Acharya, who is most often their respective fathers, at a very early age viz. between five and seven years and undergo rigorous Vedic education for a minimum period of three years. Thereafter, they are groomed to perform Poojas and Homams for another three to five years before taking over as Archakas”, it pointed out.

Appearing for the petitioner association, Senior Advocate Guru Krishna Kumar submitted that the Supreme Court had held in the 1972 case Seshammal and Others vs State of Tamil Nadu and the 2016 case Adi Saiva Sivachariyargal Nala Sangam v Government of Tamil Nadu that the Archakas of Agama temples have to be appointed as per Agama traditions.