The main legal point established in the judgment is the constitutionality of the Ordinance compelling Hindu members of the Legislative Assembly to file a declaration professing the Hindu religion for participating in the election of a member to the Travancore Devaswom Board, emphasizing the importance of belief in God and temple worship for administering the temples and their properties.

1. Some of the Hindu Members of the Kerala Legislative Assembly challenge "The Travancore-Cochin Hindu Religious Institutions (Amendment) Ordinance, 1984"-in short the Ordinance-under which every Hindu member of the Legislative Assembly of this State who intends to participate in the election of one member to the Travancore Devaswom Board is compelled to file a declaration signed by him "to the effect that he believes in God and professes the Hindu religion".

2. The Travancore-Cochin Hindu Religious Institutions Act, 1950 (Act XV of 1950) was enacted to make provision "for the administration, supervision, and control of incorporated and unincorporated Devaswom and other Hindu Religious Endowments and Funds", of the Travancore, Cochin areas. The Act provides for the vesting of the administration of the Devaswoms in Devaswom Boards, one for the Travancore and another for the Cochin areas and the provisions in respect of the two Devaswoms are practically the same. We are here concerned only with Travancore Devaswom Board, in short, the Board. Under S.3 of the Act:

"The administration of incorporated and unincorponed Devaswoms and of Hindu Religious Endowments and all their properties and funds as well as the funds constituted under the Devaswom Proclamation, 1097 M.E. and the Surplus Fund constituted under the Devaswom (Amendment) Proclamation, 1122 M.E. which were under the management of 'the Ruler of Travancore prior to the first day of July 1949, except the Sree Padmanabhaswamy temple, Sree Pandaravaga properties and all other properties and funds of the said temple, and the management of all institutions which were under the Devaswom Department shall vest in the Travancore Devaswom Board".

3. S.4(1) of the Act, prior to its amendment by the Ordinance read thus:

"The Board referred to in S.3 shall consist of three Hindu members, two of whom shall be nominated by the Hindus among the Council of Ministers and one elected by the Hindus among the members of the Legislative Assembly of the State of Kerala."

4. The Ordinance substituted this sub-section and added sub-section (1A) with an Explanation reading thus:

"(1A) Of the three members of the Board specified in sub-section (1), two members shall be nominated by the Hindus among the Council of Ministers and one member shall be elected by the Hindus among the members of the Legislative Assembly of the State of Kerala.

Explanation.- For the purposes of this sub-section, "Hindu" means a person who believes in God and professes the Hindu religion".

5. The Board continues to be a body corporate having perpetual succession and a common seal with power to hold and acquire properties for and on behalf of the Devaswoms. The Board exercises supervision and control over the acts and proceedings of all officers and servants of the Board and the Devaswom Department. The Board can make rules, not inconsistent with the Act for carrying out all or any of the purposes of the Act.

6. Procedure for the election of a member to the Board was originally provided in S.5 which read thus:

"5. Procedure for the election of member to the Board:- A meeting of the Hindus among the members of the Legislative Assembly of the State of Kerala shall be summoned under the authority of the Governor of Kerala by any person authorised in this behalf by the Governor of Kerala to meet at such time and place and on such date as may be fixed by him in this behalf for the election of a member to the Board. The election shall be held in accordance with the rules specified in Schedule II by the person commissioned by the Governor of Kerala to preside over the meeting."

This S.5 was substituted by the Ordinance which reads thus:

"5. Procedure for the election of member to the Board. (1) A meeting of the Hindus among the members of the Legislative Assembly of the State of Kerala shall be summoned under the authority of the Governor of Kerala, by any person authorised in this behalf by the Governor of Kerala, to meet at suc