Non-Hindu as Devaswom Commissioner? BJP State President Sreedharan Pillai moves Kerala HC

The President of Kerala State Unit of Bharatiya Janata Party (BJP), PS Sreedharan Pillai has moved the Kerala High Court challenging amendments to the Travancore-Cochin Hindu Religious Institutions Act, 1950 (1950 Act) which enables the appointment of a non-Hindu as Devaswom Commissioner..The petition came up for hearing today before a Bench of Justices PR Ramachandra Menon and Devan Ramachandran when the State government submitted that only a Hindu will be appointed to the post..The Bench asked the State government to file an affidavit and posted the case for further hearing on October 26..Pillai has assailed the Constitutional validity of Sections 4,5 and 6 of the Travancore-Cochin Hindu Religious Institutions (Amendment) Act, 2018 (Amendment Act)..It is Pillai’s contention that the Amendment Act does away with the stipulation in Section 29(2) of the 1950 Act that the Devaswom Commissioner shall be Hindu..The newly inserted Section 13B in case of Travancore Devaswom Board and 74A in case of Cochin Devaswom Board provide that an Additional Secretary to the government can be appointed Devaswom Commissioner without prescribing the qualification that such person should be Hindu..Thus, Pillai has contended that effect of these provisions is that the amendments have done away with the qualification that the Devaswom Commissioner should be a Hindu and enables the appointment of non-Hindu as Devaswom Commissioner of Travancore and Cochin Devaswom Boards..Interestingly, when the Amendment Act was at the Bill stage, both Sections 13B and 74A had preserved the condition laid down in the unamended Section 29(2), that the Devaswom Commissioner shall be Hindu..However, when the Bill became Act, the said qualification was dropped. As per the petition, this was done through an official amendment moved on behalf of the government through the Devaswom Minister on the floor of the Legislative Assembly..Pillai, in his petition, has also underlined the importance of having a Hindu as Devaswom Commissioner..The Devaswom Commissioner is the Chief Executive Officer of Hindu Religious Endowments and controls the Devaswom Department. He has myriad powers for controlling Devaswom funds and is pivotal to the functioning of Devaswom Board..The secular and religious functions of the Board cannot be properly performed if the Devaswom Commissioner is not a Hindu. Further, the very entry of a non-Hindu Devaswom Commissioner in many temples would be in violation of existing customs, practices and usages, the petition states..Pillai has submitted that putting temple administration and management of Hindu Religious endowments in the hands of non-Hindus is violative of Constitutional guarantees and fundamental rights of Hindus under Articles 14, 21, 25 and 26 of the Constitution of India..“The right to profess and practice religion is exercised subject to the restrictions imposed by the Devaswom Boards. That right cannot be subject to the control of a non-Hindu”, Pillai contends..Pillai has, therefore, prayed for striking down Sections 4,5 and 6 of the Travancore-Cochin Hindu Religious Institutions (Amendment) Act, 2018. He has also sought a declaration that only a Hindu can be appointed Devaswom Commissioner of Travancore and Cochin Devaswom Boards..Image of Sreedhara Pillai taken from here.