Judgment-

PALEKAR

( 1 ) IN these 12 petitions under Art. 32 of the Constitution filed by the hereditary Archakas and Mathadhipatis of some ancient Hindu Public temples in Tamil Nadu the validity of the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1970 (hereinafter referred to as the Amendment Act, 1970) is called in question, principally, on the ground that it violates their freedom of religion secured to them under Articles 25 and 26 of the Constitution. The validity of the Amendment Act had been also impugned on the ground that it interfered with certain other fundamental rights of the petitioners but that case was not pressed at the time of the hearing.

( 2 ) THE temples with which we are concerned are Saivite and Vaishnative temples in Tamil Nadu. Writ Petitions 70, 83, 437, 438, 439, 440, 441, 442, 443 and 444/71 are filed by the Archakas and Writ Petitions 13 and 14/1971 are filed by the Mathadhipatis to whose Math some temples are attached. As common questions were involved in all these petitions, arguments were addressed principally in Writ Petitions 13/1971 and 442/1971, and we are assured by counsel for both sides that they cover the points involved