IMPORTANT POINT
Sections 15, 16, 17, 29(5) and 144 of A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 are constitutionally valid, subject to the rider mentioned about Sections 17 and 29(5) in this judgment.

JUDGMENT

K. Ramaswamy, J.-This bunch of writ petitions and transfer cases is at the behest of hereditary trustees of Hindu Religious and Charitable Institutions and Endowments challenging the constitutionality of Sections 15, 16, 17, 29(5) and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (Act 30 of 1987) (for short, "the Act").

2. The facts in writ petition No. 713/87 are sufficient for deciding the controversy. The first petitioner is a founder of several charitable and religious institutions in Hyderabad and Secunderabad of Andhra Pradesh. He is a hereditary trustee of a premier institution known as Raja Bahadur Sir Bansilal Motilal Charitable Trust founded by his father donating Rs. 5,00,000/- in 1933. It also established Sri Ranganath Mandir, Sri Jagannath Mandir, Sri Narsingh Mandir, Sri Lakshman Maharaj, Raja Bahadur Sir Bansilal Hospital Trust and Sri Sanskrit Sahitya Nidhi Trust in Hyderabad. Hari Prasad Badruka, the 3rd petitioner s family founded Shri Venkatesh Goraksha Trust with a sum of Rs. 1,00,000/- and donated 568 acres of land in Dabirpura and Konaipalle villages. They also claimed to have purchased 58.35 acres in Hakimpet for grazing the cows. Raja of Jataprolu in Mahboobnagar District founded Madana Gopala Swamy and other temples at Jataprolu village ; Shri Narsimha Swamy and Shri Ratna Lakshmi Devi temples at Singapatnam ; and Shri Amareshwara Swamy temple at Kollapuram. They endowed 300 acres of seri lands for performance of Nitya Nivedhya Deeparadhana. The first petitioner is a hereditary trustee and is entitled to nominate other trustees for proper management. He is also a Mutawalli, who in terms of the deed of trust, shall deduct 1/3rd of the net income as his remuneration after excluding the management and establishment expenses.

3. It is the case of all the petitioners that they have been properly and efficiently maintaining the aforestated trusts and charitable or religious institutions without any complaint. The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments, 1966 (17 of 1966) (for short, the Predecessor Act of 1966) recognised their hereditary right and made them Chairman of the respective trusts, in the event of constituting a board of trustees with non-hereditary trustees. The religious institutions and endowments or charitable institutions were established on charity which every Hindu wishes to perform. Establishment of charitable and religious institutions or endowments is a part of freedom of conscience and right to freely profess, practise and propagate Hindu religion. As its integral fact they have right to maintain the institutions founded by them. The Act, while purporting to regulate administration and governance of Hindu charitable and religious institutions or endowment grossly violates the constitutional rights under Articles 25 and 26 of the Constitution. Several learned senior counsels S/Shri H.S. Gurujarao, A.K. Ganguli, R. Venugopala Reddy, M.N. Krishnamani along with S/Shri A. Subba Rao and Sampath, argued in support of the contentions of the petitioners. They also have filed written submissions. Shri P.P. Rao, the learned senior counsel, resisted the contentions on behalf of the State and also submitted his written arguments.

4. The main thrust of the arguments of the learned counsel is that Articles 25 and 26 guarantee freedom to manage religious affairs and right to freely profess, practise and propagate the religion to all citizens alike. Hindus constitute majority population and Hindu religion is the major religion in the country. Equally Muslim, Christian and Parsee citizens are entitled to the similar constitutional rights under Articles 25 and 26. Without touching the administration and governance of charitable or religious institutions or endowments founded or maintained by Muslims, Christians or Parsees making law regulating the administration of Hindu religious institutions and above endowments