Lawstreet Journal

Plea Challenging Validity of the Uttarakhand Char Dham Devasthanam Management Act, 2019 Stands Dismissed: High Court [READ VERDICT]

Lawstreet Journal 23 Jul 2020 11:35pm

Image courtesy: Lawstreet Journal Judiciary Plea Challenging Validity of the Uttarakhand Char Dham Devasthanam Management Act, 2019 Stands Dismissed: High Court [READ VERDICT]

The Uttarakhand High Court turned down a petition, filed by BJP leader Dr. Subramanian Swamy, wherein, he had challenged the constitutional validity of the Uttarakhand Char Dham Devasthanam Management Act, 2019 (hereinafter, the Act). The Court also provided an elucidated explanation of Article 26 of the Constitution of India.

The matter was heard by a division bench of Chief Justice Ramesh Ranganathan and Justice R. C. Khulbe. The Bench read down Section 22 of the Act.

In this case, Dr. Subramanian Swamy claimed that the Char Dham temples belong to Hindus professing Sanatana Dharma or a section thereof. Referring to the definition clauses and other sections of the Act, he argued that they are the acknowledgement of the fact that the temples belong to Hindus professing Sanatana Dharma or a section thereof.

However, the State contended that “Hindu Dharma” and “Sanatana Dharma” are synonymous to each other; hence, the Hindus professing Sanatana Dharma cannot be called a religious denomination. The mere fact that the temple is a Hindu temple cannot bring it under the ambit of Article 26 of the Constitution.

Referring to various Supreme Court judgments, the HC said, “Believers of a particular religion are to be distinguished from denominational worshippers. Thus, Hindu believers, in general, including those of the Shaivite and Vaishnavite form of worship, are not denominational worshippers, but from part of the general Hindu religious form of worship. (Indian Young Lawyers Association [55]). As the believers of the Shaiva form (or the Vaishnavite form) of worship are not a denomination… Continue Reading...


Tagged: Uttarakhand High Court  
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