The question (10 marks)
A State Act abolishes the hereditary office of temple priest and empowers the trustee to appoint any person trained at a recognised institution, of whatever caste. A hereditary priest says the Act violates Articles 25 and 26; a worshipper says only a member of his community may officiate. Decide, with reference to Shirur Mutt, Seshammal and N. Adithayan, and explain the test the Court applies to such claims.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Fundamental Rights II: Exploitation, Religion, Minorities, Remedies and Savings of Constitutional Law – I.
Authorities you will need
- Commissioner, HRE, Madras v Shirur Mutt (1954)
- Seshammal v State of Tamil Nadu (1972)
- N. Adithayan v Travancore Devaswom Board (2002)
- Commissioner of Police v Avadhuta (2004)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.