4th April 2016

Chilkur
To
Shri M. Hamid Ansari
Honble Vice President of India
New Delhi
From:
Prof M.V. Soundararajan
Hereditary Archaka cum Trustee & Convenor Temples Protection Movement
Sri Chilkur Balaji Venkateshwara Swamy Temple
State of Telangana
Respected Sir
Subject: Justice to Minority Archaka Community and Constitution of National
Endowments Tribunal
Ref:
1. Representation to President of India dated 30th Dec 2015 numbered
PRSEC/E/2016/00038
2. Representation to President of India dated 18th April 2015 numbered
PRSEC/E/2015/05585
3. Book Titled GOVERNMENT RULES HINDU TEMPLES
I have read with interest your speech titled Role of Judiciary: Some thoughts on its
criticality delivered on 2nd April 2016 at the occasion of 16th Convocation of University
of Jammu as widely reported in the media including Editorial by Asian Age and Deccan
Chronicle dated 4th April 2016. In this speech you had quoted from articles by Shri
Rajeev Dhawan and Shri Fali Nariman Sr Counsels of Supreme Court and eminent Jurists
and also the research work by Shri Ronojoy Sen based on various earlier Supreme Court
Judgements.
I would like to bring to your kind notice the research done on past Supreme Court
judgements as part of thesis work for LLM degree of Shri C.S. Rangarajan which is also
based on the same source material as above and also brought out as a book titled
GOVERNMENT RULES HINDU TEMPLES with foreword by Justice M. Rama Jois

former Chief Justice of Panjab and Haryana High Court. It is a finding recorded in the
Book that there is a need to relook at the Essential Practices Doctrine followed by the
Supreme Court based on the devastating impact that a flawed application of this doctrine
had on the minority Archaka community leading to virtual closure of thousands of
temples in the State of Andhra Pradesh and Telangana. As you are aware both the articles
by Shri Rajeev Dhawan and Shri Ronojoy Sen criticize the Essential Practices Doctrine
followed by the Supreme Court as being anti Secular.
When Supreme Court had elicited views regarding eligibility of Judges several Religious
Organizations lead by the ancient Shri Ahobila Mutt suggested to either add Religious
expertise as criteria for Judges Eligibility or to have the matters relating to Religion be
dealt with by a Tribunal with Religious Experts as recommended by the eminent Sir C.P.
Ramaswamy Iyer lead Hindu Religious Endowments Commission report of 1962. The
views of the various Religious Organizations are we believe under active consideration of
the Law Ministry as updated by the status on the representation made to the Honble
President numbered PRSEC/E/2016/00038. In our representation to the Honble
President numbered PRSEC/E/2015/05585 and referred to in the representation
PRSEC/E/2016/00038 we had also demanded compensation to the tune of Rs 1000
Crores for deprivation of the fundamental rights of the Archaka Community a matter
which is still pending.
As you are aware the definition of the term minority is not restricted as widely believed
to only Muslims, Christians etc. it extends to even Archaka community as per the
definition by the Supreme Court in Bal Patil & Anr vs Union Of India & Ors on 8th
August, 2005 Civil Appeal 4370 of 1999 "Minority as understood from constitutional
scheme signifies an identifiable group of people or community who were seen as
deserving protection from likely deprivation of their religious, cultural and educational
rights by other communities who happen to be in majority and likely to gain political
power in a democratic form of Government based on election."
In view of the above definition of the term minority and the findings of the research
recorded in the Book GOVERNMENT RULES HINDU TEMPLES which substantiates
the points made in your speech we request your kind self to do justice to the minority
Archaka Community by using your good offices with His Excellency Honble President,
Central Government and the State Governments of Andhra Pradesh and Telangana so that
due compensation is secured by acting expeditiously on the above representations. We
also request your kind self to use your good offices with the Law Ministry to ensure that
speedy action is taken on the representation to constitute a National Endowments
Tribunal with Religious Experts to deal with Religious matters as recommended by the
Hindu Religious Endowments Commission similar to how we today have a National
Green Tribunal with environmental experts based on a Law Commission report.
Thanking You,
Yours Sincerely
Sd/(M.V. Soundararajan)