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Art 363 Chilkur Balaji Hindu Deity Rights Dispute
Art 363 Chilkur Balaji Hindu Deity Rights Dispute
Art 363 Chilkur Balaji Hindu Deity Rights Dispute
Chilkur
To
His Excellency Shri Ram Nath Kovind
Hon’ble President of India
Rashtrapathi Bhavan
New Delhi
From
Dr M.V. Soundararajan
Hereditary Trustee cum Archaka
Convenor Temples Protection Movement
Shri Balaji Venkateshwara Swamy Temple
Chilkur
Telangana
Subject: - Art 363 Constitutional Morality (Dharma) Chilkur Balaji Art 26 Hindu
Deity Rights dispute.
As the legal representative of Lord Chilkur Balaji Venkateshwara Swamy Deity who had
earlier unsuccessfully approached Supreme Court Nine Judge Bench on behalf of all
Deities on Feb 10th, I bring this dispute under Art 363 arising from the dismissal of the
petition to restore constitutional rights of Hindu Deities impacted by Sabarimala
judgement under review.
On 26th December 2018 crores of devotees of Lord Ayyappa lighted historic Ayyappa
Jyothi in Kerala and also in Chilkur Balaji Temple and prayed for resolution of the
dispute arising from Sabarimala Judgement. We hope this representation which is being
sent on auspicious Vaikunta Ekadasi and Gita Jayanti day on the eve of 26th December by
Lord Chilkur Balaji Deity’s grace will ensure fulfillment of the pious purpose of the
historic protest.
This is a dispute under Art 363 read with Art 26 based on principle of Constitutional
Morality (Dharma) and is to be decided based on the guidance of late Shri Nani
Palkhivala because of whom we still have fundamental rights in our Country.
“In a Constitution what is left unsaid is as important as what is said. Our Constitutional
equilibrium can be preserved only by Obedience to the Unenforceable. The survival of our
democracy and the unity and integrity of the nation depend upon the realization that
Constitutional morality is no less essential than Constitutional legality. Dharma
(Righteousness; sense of public duty or virtue) lives in the hearts of public men; when it dies
there, no Constitution, no law, no amendment, can save it.”
“The matter is left to the President's sense of public decency and honour. The
Constitution is silent on the point, but in our Constitution what is left unsaid is often more
important than what is said. The President has not only to act impartially but he has to
act nobly. He represents the nation's dharma. He is the keeper of the country's
conscience. As the first citizen of the country, he has to make the decision with buddhi --
a decision that no computer can ever make. We are faced with the stark alternative of
either dharma in public life or the twilight of Indian democracy”
In his historic book President and the Indian Constitution Shri Valmiki Choudhary has
made the very important observation on the Art 60 oath and the powers that accrue to the
President to ensure well-being of the people of India.
The book also records the historic guidance issued by our first President Hon’ble Dr
Rajendra Prasad to the Secretariat to ensure proper advice could be given by the President
to the Ministry and Council of Ministers on important issues before a decision is taken.
Our late Hon’ble President Shri Dr.Shanker Dayal Sharma in his historic address to the
Bar association on the occasion of golden jubilee celebrations of the first sitting of the
Constituent Assembly explained the important role of the Supreme Court in upholding
Dharma.
The great institution of Supreme Court has not lived up to the above ideal when it
concluded that Hindu Deities have no constitutional rights in violation of the spirit of
Dharma (Constitutional Morality) on 28th Sept 2018 in Sabarimala Judgement. The
Supreme Court Nine Judge Bench formed to consider questions of law arising from
Sabarimala judgement under review by rejecting the petition filed on behalf of Lord
Chilkur Balaji Deity on Feb 10th and not including the issue of Constitutional rights of
Hindu Deities in the list of issues framed has effectively blocked the judicial path to
correct this adharmic conclusion and has thus given rise to the dispute under Art 363.
It is believed that after the rejection of His petition Lord Chilkur Balaji Deity who is the
inner controller of all (OM Vashat Karaya Namaha) has ensured through representations
dated 28th June & 29th June delivery of long delayed judgement in Lord Shri Padmanabha
Swamy Ruler Deity temple case on July 13th. Further a letter dated 18th July based on the
findings of fact in the 13th July judgement has been sent to your Excellency which has
received wide support from several Ancient Mathas, Religious and Social organizations
and eminent devotees for restoring constitutional rights of Hindu Deities through
notification. Your Excellency has also referred the same for action by Ministry of Home
Affairs for which we are very thankful, but when this was delayed further letters and
supporting letters from Organizations were sent. A compilation of all the letters starting
from 28th June is attached as an Exhibit to help in resolution of Art 363 dispute.
Among the representations the representation of People for Dharma dated 29th Nov 2020
is of great constitutional importance as it has detailed the constitutional reasons for the
dispute under Art 363 as a consequence of the determination of law by Supreme Court
without reference to the bar under Art 363 that Hindu Deities have no constitutional
rights in Sabarimala Judgement of 28th Sept 2018. The points from People for Dharma
representation are reproduced below :-
Normally Your Excellency has the power to refer such question of law under Art 143 to
Supreme Court for its advisory opinion for resolving dispute under Art 363. In this
special case due to below position of law by the Supreme Court on Art 143 in Cauvery II
reference the President cannot make such reference to the Supreme Court as the dispute
under Art 363 has arisen due to the adjudication of Supreme Court in Sabarimala case
and rejection of Lord Chilkur Balaji Deity petition.
The said clause empowers the President to refer for this Court's opinion a
question of law or fact which has arisen or is likely to arise. When this Court in
its adjudicatory jurisdiction pronounces its authoritative opinion on a question of
law, it cannot be said that there is any doubt about the question of law or the
same is res integra so as to require the President to know what the true position
of law on the question is. The decision of this Court on a question of law is
binding on all courts and authorities. Hence under the said clause the President
can refer a question of law only when this Court has not decided it. Secondly, a
decision given by this Court can be reviewed only under Article 137 read with
Rule 1 of Order 40 of the Supreme Court Rules, 1966 and on the conditions
mentioned therein.
The constitutional points raised by People for Dharma representation is supported by the
finding of fact in the Lord Shri Padmanabha Swamy Temple case July 13th judgement.
Further in the same judgement it has been mentioned as follows: -
The determination that Lord Shri Padmanabha Swamy Ruler Deity to whom entire
Travancore Kingdom was donated and today has no constitutional rights in Bharath as
per Supreme Court which paves the way for extinction of the pious purpose of the Deity
due to merger with Bharath would make the entire merger process unconstitutional due to
above ratio hence dispute under Art 363 arises.
For well-being of people of Bharath Constitutional Morality (Dharma) dictates that
to resolve Art 363 dispute either Art 26 rights of Lord Shri Padmanabha Swamy
Ruler Deity, Lord Ayyappa Sabarimala Deity etc. is restored or the donated
Kingdom is restored back to Deity.
The above approach for well-being of our Nation which depends on following Dharma
(Constitutional Morality) will be as per the guidance of Lord Chilkur Balaji Deity in the
letter dated 18th July quoted in the representation of People for Dharma.
I request Your Excellency to exercise powers under Art 78 read with Art 60 and advice
the Council of Ministers on resolving the Art 363 Constitutional Morality (Dharma)
dispute that has arisen from the Sabarimala Judgement and restore Art 26 constitutional
rights of Lord Shri Padmanabha Swamy Ruler Deity, Lord Ayyappa Sabarimala Deity etc
through a suitable executive notification under Art 363 for well-being of our Nation. The
draft notification prepared by Shri I.Y.R Krishna Rao Retd IAS Chief secretary of
Andhra Pradesh which has been sent in his letter to your Excellency dated 11th Aug 2020
is enclosed.
Thanking you,
Yours Faithfully
Date: 07.12.2020
To
We have also perused historic letter of support of People for Dharma Organization dated
28th Nov 2020 and wholeheartedly support the appeal made to your Excellency. We
reproduce the important guidance of Lord Chilkur Balaji Deity in the letter dated July
18th 2020 and belief of People for Dharma Organization expressed in their Nov 21st letter
which we share.
As your Excellency is aware one of the wrong conclusions in the 28th Sept
Sabarimala judgement is that Hindu Deities have no Constitutional rights which
is against the very soul of our ancient civilization.
ध णह त ाधध ह व तथा हा ध णह तश यत ध त जय It is by
following dharma that we gain victory over diseases is the advice of
Mahabharatha. At a time when our Nation is facing its biggest crisis in the form
of Covid-19, China issue, Nepal issue and Economy the above advise is very
significant
We believe that Travancore Kingdom was protected from deadly Spanish Flu
pandemic of 1918 due to the pious purpose of great Kingdom donation of Shri
Marthanda Varma and we inherited the protection arising out of the donation. We
believe that our inability to secure similar protection as in 1918 during the current Covid
pandemic is due to above violation of Dharma by the Supreme Court.
We bring to your kind notice the promise made by Hon’ble Prime Minister Shri
Narendra Modi ji on April 18th 2019 in the land of Shri Padmanabha Swamy Ruler Deity
to representatives of Lord Ayyappa Deity on restoring Hindu Deity Rights. This promise
we believe secured the second term for the Hon’ble Prime Minister.
The question Lord Hanuman posed when there was delay in fulfilling promise
made to Lord Shri Rama कत दाशरथ ीधत ा ाया धक स स "Why don't you issue orders
which will please Rama" is highly relevant in the context of the appeal made to expedite
recognition of Art 26 right to protect of Lord Shri Padmanabha Swamy Ruler Deity as
promised.
In view of the fact that the council of ministers headed by Hon’ble Prime Minister
Shri Narendra Modi ji got an opportunity to serve second term as a result of the promise
to Hindu Deities it is very apt that a reference under Art 78 (C) read with Art 60 is made
by your Excellency to the entire Council of Ministers. The reference can quote the above
important question posed by Lord Hanuman and the constitutional points raised in the
letter of People for Dharma organization. This reference in your capacity as the
representative of Dharma will in our opinion go a long way in restoring protection of
Dharma crucial for victory over Covid pandemic.
Peddinti Rambabu
Orgining Secretary
A.P. Archaka Samakhya
E LE F DHA MA
(A T Regi e ed nde he Indian T Ac 1882)
2 -Nov-2020
To
His Excellency Shri Ram Nath Kovind
Hon’ble President of India
Rashtrapati Bhavan
New Delhi
Our Organization consisting of members who believe in Sanatana Dharma who have supported
the representation on behalf of Lord Chilkur Balaji Deity dated July 1 th 2020 support the
appeal made in the letter dated Nov 21 st 2020 with above subject and bring to the notice to
your Excellency following important points.
As our E cellenc is a are one of the rong conclusions in the th Sept Sabarimala
judgement is that Hindu Deities have no Constitutional rights hich is against the ver
soul of our ancient civili ation
धमण यत य ध य त व तथ । धमण यत यत धम तत जय ॥ It is b
follo ing dharma that e gain victor over diseases is the advice of Mahabharatha At a
time hen our Nation is facing its biggest crisis in the form of Covid China issue
Nepal issue and Econom the above advice is ver significant
We believe that Travancore Kingdom was protected from deadly Spanish Flu pandemic of 1 1
due to the pious purpose of great Kingdom donation of Shri Marthanda Varma and we
inherited the protection arising out of the donation. We believe that our inability to secure
similar protection as in 1 1 during the current Covid pandemic is due to above violation of
Dharma by the SC for below reasons: -
1. Dharmik pious purpose of incarnation of Hindu Deities is to protect the pious purpose of
worshippers of Hindu Religion who constitute a Religious denomination similar to
worshippers of other religion (Christianity and Islam)
2. On 1 50 when Marthanda Varma donated his Travancore Kingdom to Lord Shri
Padmanabha Swamy Deity protecting the pious purpose of worshippers of Hindu
Religious Denomination a dharmik obligation also became a legal obligation for Lord Shri
Padmanabha Swamy Ruler Deity.
3. Worshippers of Hindu Religion constitute a Religious denomination like worshippers of
other religion (Christianity and Islam) who also constitute a Religious denomination in
Travancore Kingdom as per 1 2 Missionary Gazetteer.
4. The Travancore Kingdom was miraculously protected from deadly pandemic of 1 1
Spanish Flu when the entire world and rest of India succumbed with great loss of lives
by effect of the pious purpose of Shri Mathanda Varma’s great donation.
5. On Nov 12 th 1 36 historic Temple Entry Proclamation was issued by Lord Shri
Padmanabha Swamy Ruler Deity through His Shri Padmanabha Dasa granting Temple
Entry rights in all Hindu temples for crores of worshippers of Hindu Religion deprived of
this for thousands of years. Lord Shri Padmanabha Swamy Ruler Deity thus protected
the pious purpose of the entire denomination by making it inclusive. This order of Lord
Shri Padmanabha Swamy Ruler Deity was followed instantaneously and also called a
modern miracle.
6. When merger with Bharth became imminent Lord Shri Padmanabha Swamy Ruler Deity
enacted through His Shri Padmanabha Dasa Travancore Interim Constitution which
protected the pious purpose of denomination in legal personality of Deity from external
secular state threat. Article of the covenant agreement entered by Sardar Patel
representing Union of India with Lord Shri Padmanabha Swamy Ruler Deity was through
exercise of constitutional right to protect the pious purpose of denomination.
. While Art 25 of Constitution of Bharath made available temple entry right granted by
Lord Shri Padmanabha Swamy Ruler Deity across Bharath; The Constitutional right to
protect the pious purpose of worshippers of Hindu Religious denomination recognized
in Travancore interim Constitution the basis for Art of the covenant was continued in
Art 26 and made available to all Hindu Deities across Bharath and both the rights could
not be taken away by judiciary due to bar under Art 363.
. The legal personality is granted to Hindu Deity to protect the interests of worshippers as
held in SC Ayodhya judgement (the body of worshippers could have been granted legal
personality but Deity chosen due to religious personification) and given that
worshippers of Hindu Religion constitute a Religious denomination as per ratio of Shirur
Mutt judgement explained in SP Mittal judgement and same reiterated by Kerala High
Court full bench, a Hindu Deity legal personality enjoys Art 26 rights.
The SC in Kehar Singh and others vs Union of India and Others has guided that the President
does have a power to provide remedy to a situation that impacts life of liberty of Citizens from
a judgement of the Court in the context of power in the mercy petitions.
But the fallibilit of human judgment being undeniable even in the most trained mind a mind
resourced b a harvest of e perience it has been considered appropriate that in the matter of
life and personal libert the protection should be e tended b entrusting po er further to some
high authorit to scrutini e the validit of the threatened denial of life or the threatened or
continued denial of personal libert The po er so entrusted is a po er belonging to the people
and reposed in the highest dignitar of the State
In the current context the president can invoke the same principle and remedy the situation
that has arisen due to the violation of the bar under Art 363 by the Supreme Court as the
violation of Constitutional Morality equated to Dharma by late Jurist Shri Nani Palkhivala is
impacting the life and liberty of crores of people.
We thus request His Excellency President to ensure expedited notification restoring Art 26
rights of Lord Shri Padmanabha Swamy Ruler Deity and all Hindu Deities to secure protection of
Dharma crucial for victory over Covid.
Regards,
Shilpa Nair
President - People For Dharma Trust
To
His Excellency Shri Ram Nath Kovind
Hon’ble President of India
Rashtrapathi Bhavan
New Delhi
From
Rangarajan Chilukoor
Archaka & Co-Convener Temples Protection Movement
Sri Chilkur Balaji Venkateshwara Swamy Temple
Telangana State
In response to the letters dated 28th June, 29th June and 18th July written to your
Excellency for welfare of our Nation exercising my Liberty of thought expression belief,
faith and worship as Archaka of Lord Chilkur Balaji Deity and several supporting letters
from Religious & Social organizations, eminent devotees and MPs; we are thankful that
your Excellency has referred the matter of recognition of Art 26 Right to Protect of Lord
Shri Padmanabha Swamy Ruler Deity to Ministry of Home Affairs.
The fact that the Covid situation in our country which was close to overtaking USA
improved miraculously from Sept 18th onwards is largely due to the dharmic decision
taken by your Excellency. We are thankful to your Excellency for respecting the belief of
devotees that securing protection of Lord Shri Padmanabha Swamy Ruler Deity is crucial
for victory over Covid as demonstrated by the miraculous victory of Travancore
Kingdom over more deadly 1918 Spanish Flu.
The reference by your Excellency and information that a notification recognizing Art 26
Rights of Lord Shri Padmanabha Swamy Ruler Deity was under serious consideration of
Ministry of Home Affairs with a target date of Nov 12th (historic day of Temple Entry
Proclamation) created a great expectation that the obstacle of Sabarimala judgement
would be removed and we will be completely protected by our Ruler Deity from Covid.
Chilkur Balaji Temple was also opened for devotees on Oct 3rd after the above positive
news and for over 47 days the number of recovered patients was greater than the number
of patients who tested positive for Covid bringing the number of active cases below 5
lakhs from a peak of close to 10 lakhs.
Several ancient Mathas like Sri Ahobila Mutt had recommended that it is in the best
interests of our Nation that the promise made by Hon’ble Prime Minister Shri Narendra
Modi ji to the members of Lord Ayyappa family on 18th April 2019 which secured
victory in Loksabha elections be fulfilled with the Deity Rights notification. Shri I Y R
Krishna Rao garu Retd. IAS and Chief Secretary of AP also submitted a draft
notification.
It is in this backdrop that the devotees are very disappointed and worried that there
is no notification from Ministry of Home Affairs on Nov 12th and further the Covid
situation become suddenly worse in New Delhi and slowly spreading to other parts
of country with the number of recoveries going below number of positive cases for
first time in 47 days. We are extremely worried that the inexplicable delay by
Ministry of Home Affairs in giving the notification would completely reverse the
positive environment created by your Excellency’s dharmic decision and we may
lose the possibility of securing protection of Lord Shri Padmanabha Swamy Ruler
Deity altogether which will be disastrous for our Nation at this crucial juncture.
At a time when the Judiciary has taken away the protection of our Ruler Deity
(embodiment of Dharma) through adharmic Sabarimala judgement and the efforts to
reclaim this through Executive notification at a risk of being defeated due to lack of
belief we again feel compelled to approach your Excellency to provide a solution for the
welfare of our Nation at this crucial juncture.
The matter is left to the President's sense of public decency and honour. The Constitution
is silent on the point, but in our Constitution what is left unsaid is often more important
than what is said. The President has not only to act impartially but he has to act nobly.
He represents the nation's dharma. He is the keeper of the country's conscience. As the
first citizen of the country, he has to make the decision with buddhi -- a decision that no
computer can ever make. We are faced with the stark alternative of either dharma in
public life or the twilight of Indian democracy.
Based on the above observation of late Shri Nani Palkhivala we feel there is scope for
Your Excellency the President as keeper of the country’s conscience and representative
of Nation’s dharma to advice Ministry of Home Affairs to expedite the dharmic Deity
Rights notification for welfare of our Nation.
We humbly request Your Excellency to do the needful in this important matter as per
dharma in National interest. OM VASHAT KARAYA NAMAHA
Thanking you,
Yours Respectfully,
TEMPLES PROTECTION MOVEMENT
2-2-647/77/D, Srinivasa Nagar Colony, Hyd-13 Ph.: 27425640, 9885100614
To
Sri Narendra Damodardas Modi ji
Hon ble Prime Minister of India
Respected Sir,
Sub: Hindu Deity and Devotee Rights Protection for Sabarimala and other Hindu Temples
in the Country
In my letter dated 5th June 2019 with above subject I had made the following observation
At the very outset we would like to congratulate your kind self on the spectacular electoral victory.
While there are many articles written on how this victory was made possible the scale of which
was not predicted by many pollsters; The devotees strongly believe that the promise made by
your kind self to the members of Lord Ayyappa’s family on April 18th in the land of Shri
Padmanabha Swamy under His divine Lotus feet to protect the rights of Hindu Deities and
Devotees has been a decisive factor. This sincere promise has secured the vote of Hindu Deities
(VAK June & May 2019 Editorial enclosed) which has resulted in such a massive victory
reminding once again Arjuna’s approach of securing the support of Almighty is the best eternal
winning strategy.
On behalf of crores of Hindu Devotees as a thanksgiving measure and in pursuance of April 18th
promise, we request the Government headed by your kind self to initiate action on the below
items
While the thrust of suggestions in above letter was on proper representation of your Govt before
the Supreme Court in Sabarimala Review petition and other pending temple cases, the adharmic
manner in which Supreme Court Nine Judge bench rejected Lord Chilkur Balaji Deity petition on
Feb 10th and also did not add issue of constitutional rights of Hindu Deities as a question has in
our opinion led to Hindu Deities choosing a different Executive path to get their promise fulfilled.
The representation to His Excellency President of India on behalf of Lord Chilkur Balaji dated July
18th has received wide support and has been referred to Ministry of Home Affairs by His
Excellency.The dharmik message in many representations of support cannot be missed by
devout that fulfilling 18th April 2019 promise will ensure welfare of our Nation by ensuring
protection of Dharma and it can be done through Executive notification on Hindu Deity Rights.
It is our belief that the Deities have also chosen to address a letter to your kindself through Shri
Dr Vaman Acharya ji (the name of Lord Vamana itself reminds about the April 18th promise which
is to Hindu Deities) and this letter has to be taken with utmost seriousness by your kind self as it
provides a clear path to fullfilling the promise made to Hindu Deities by protecting their rights
under Art 26 leading to welfare of our Nation which is today facing many issues.
We hope that a dharmik notification on Hindu Deity Rights as suggested in Shri Dr Vaman
Acharya ji le er (enclosed) will be given by the Government headed by you leading to longterm
welfare of our Nation by securing protection of Dharma.
Thanking you,
Yours Faithfully
W*€ cq'*
N o. 1 7/09/0 6IP (I) I 2020 a f| SePtember,2020
Sir,
With regards,
Yours sincerely,
(Ajay
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To
His Excellency Shri Ram Nath Kovind ji
The Hon'ble President of India
Rashtrapati Bhawan, NEW DELHI
secy. president@rb. nic. in
Hon'ble Sir,
We have learnt that Sri C S Rangarajan, the Archaka of Lord Chilkur
Balaji Deity representing His wishes has written a letter to His Excellency the
President of India dated 18th July 2O2O and has requested that the Article 26
Right-To-Protect of Lord Shri Padmanabha Swamy Ruler Citizen Deity be
recognized as per the findings of fact in the historic 13th July judgement of
the Supreme Court.
\./
( \_:
Delhi : No. 18, New Bunglows, NorthAvenue Raisina Hills, New Delhi-110001 Phone: +91 11 26145973,23094341
Narasapuram Gonstituency : Pedaamiram, Near SRKR Engineering College, Bhimavaram-534237, Andhra Pradesh
Tel:08816 227688, Fax:08816 234611, Mobile: +91 90009 11111, +91 90009 22222
E-mail : raghumpnarasapuram@gmail.com
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Vedic Dharma Samaj
Fremont Hindu Temple
3676 Delaware Drive, Fremont, CA 94538
A Non-Profit Organization since 1984
Web: http://www.fremonttemple.org
TO
His Excellency Shri Ram Nath Kovind
Honorable President of India
Rashtrapati Bhavan, New Delhi
Subject: Recognition of Article 26 Rights of Lord Shri Padmanabha Swamy Ruler Citizen Deity who
gave Article 25 Right to Temple Entry for Crores of Devotees across Nation.
We have learnt that, the Archakas of Lord Chilkur Balaji Deity representing His Wishes, have written a
letter to his Excellency the President of India dated 18th July 202 and have requested that the Article 26
Right to Protect Lord Padmanabha Swamy as Ruler-Citizen Deity be recognized as per the finding of
fact in the historical judegement of the Honorable Supreme Court of India on July 13, 2020.
This judgement in Lord Sree Padmanabha Swamy Ruler-Citizen Deity Temple needs to be applied to all
the Deities of Temples.
While supporting this Representation of Lord Chilkur Balaji Deity, dated 18th July 2020, our
organization Fremont Hindu Temple, California, USA would like to bring to the kind notice of His
Excellency that it was the Lord Sree Padmanabha Swamy
Ruler-Citi en Deit ho iss ed the historic Temple Entr Proclamation described as a modern
miracle b Mahatma Gandhi and hich formed the basis for Article 25 Right to Temple Entr for all
such people who were deprived entry to the Temples across the country for thousands of years.
It is o r Dharma no to protect His Article 25 Right as Citi en and as a Representati e of Nation s
Dharma.
We request His Excellency to kindly do the needful in this regard.
Govind Pasumarthi
Religious Chair
Fremont Hindu Temple
Fremont, California -94538. USA
SiliconAndhra
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____________________________________________________________________________________________________________
4/1033, Godugupeta Machilipatnam 521001 Andhra Pradesh .siliconandhra.org info@siliconandhra.org
DNM18/EC 18th August 2020
To,
His Excellency,Shri.Ram Nath Kovind
Hon'ble President of India
Rashrapati Bhavan
New Delhi
India.
Subject: Recognition of Art 25 & 26 regarding Lord Shri.Padmanabha Swamy Ruler Citizen Deity.
__________________________________________________________________________
We have learnt that Shri.C S Rangarajan,the Archaka of Lord Chilkur Balaji Deity representing his wishes
has written a letter to His Excellency the President of India dated 18th July 2020 and has requested that
Art 26 Right to Protect of Lord Shri.Padmanabha Swamy Ruler Citizen Deity be recognised as per the
findings of the fact in the historic 13 July Judgement of the Supreme Court.
This Judgement in Lord Shri.Padmanabha Swamy Ruler Citizen deity temple case needs to be applied to
all the Deities of the temples.
While supporting this representation of Lord Chilkur Balaji Deity dated 18th July 2020 ,our social
organisation ,Shri.Jagannath Chetna Ireland, would like to bring to the kind notice of His Excellency that it
was Lord Shri. Padmanabha Swamy Ruler Citizen Deity who issued the historic Temple Entry
Proclamation described as "a modern miracle" by Mahatma Gandhi and which formed the basis for Art 25
Right to temple entry to our temples across the country for thousands of years.
It is our Dharma to now protect His Art 26 Rights as a Citizen and as a representative of Nation's Dharma.
We request His Excellency to kindly do the needful in this regard.
Your's sincerely,
Prof(Dr).Dilip Mahapatra
To
The judgement recognises that the Deity is the owner of the temple and all its
properties. Naturally then as a “person” in the eye of law, the Deity has also
rights under Article 2 of the Constitution of India. The Deity has every right to
see that his/her abode and home follow the traditions and customs observed
over times immemorial in relation to that temple and are not violated. The
Deity has his/her own right to ensure that his/her beliefs, rituals, practices as
per which the Deity has been consecrated, brought into existence, should
continue to be observed, otherwise this would violate the Deity’s own rights to
hold and observe his/her own belief. The Deity cannot have lesser rights than
other citizens.
In the light of this recent judgement which has been welcomed by the masses
across the country, it is high time that the Union and state governments start
recognising the Deity’s fundamental rights as per Article 2 of the Constitution
by
recognising the sensitivities and feelings of the Deities of Hindu temple
as well as their followers
refraining from interfering with the customs and traditions and sets of
belief held in the temples by the devotees as also the Deities themselves
taking steps to hand back the administration of temple affairs and the
take care of the Deities to the persons best suited for that purpose, who
are interested and passionate about it, namely their devotees, their
organizations and maths who have been donating huge amounts for
their upkeep and who from generations before them, from times
immemorial, in the true spirit of Sanathana Dharma having been
protecting and caring for the Deities.
We nders and ha Sri C S Rangarajan Archaka of Chilk r Balaji Temple as
ell as ario s Associa ions Fo nders of Hind Religio s and Chari able
Ins i ions of India and ario s o her religio s organi a ions ha e also
s bmi ed similar represen a ions and e holehear edl s ppor and
reciproca e he sen imen s e pressed b hem
1. To take appropriate steps to restore back Article 2 and thus rectify the
wrong doings happening in this country with respect to Temple deities
and Sanathana Dharma.
Thanking you,
Yours Respectfully
Date:08/14/2020
TO:
Chairman:
Mr. Veera Vasamsetti
His Excellency Shri Ram Nath Kovind
Vice Chairman:
Ms. Kumari Gutti Honorable President of India
Secretary: Rashtrapati Bhavan, New Delhi
Mr. Umesh Reddy
Treasurer:
Subject: Recognition of Article 26 Rights of Lord Shri Padmanabha Swamy
Mr. Ratan Guduru Ruler Citizen Deity who gave Article 25 Right to Temple Entry for Crores of devotes
Religious Chair:
across Nation.
Mr. Prasad Karavadi
We have learned that, the Archakas of Lord Chilkur Balaji Deity representing His
Cultural Chair: wishes, has written a letter to His Excellency the President of India dated 18th July
Ms. Sreelakshmi
Maddali 2020 and has requested that the Article 26 Right to Protect Lord Sree Padmanabha
Swamy as Ruler-Citizen Deity be recognized as per the finding of fact in the historic
Joint Secretary:
Mr. Sumesh Aurora judgement of the Honorable Supreme Court of India on July 13, 2020.
Joint Treasurer: This judgement in Lord Sree Padmanabha Swamy Ruler-Citizen Deity Temple
Mr. Lokanath
Polepalli
needs to be applied to all the Deities of Temples.
Members: While supporting this Representation of Lord Chilkur Balaji Deity, dated 18th
July 2020, our organization Hindu Temple Society of Mississippi would like bring to
Mr. Avichal Agarwal
the kind notice of His Excellency that it was Lord Sree Padmanabha Swamy Ruler-
Mr. Raghunatha
Reddy Chinthaparthi
Citizen Deity who issued the historic Temple Entry Proclamation described as a
modern miracle by Mahatma Gandhi and which formed the basis for Article
Ms. RatnaSheela
Takalapalli
Right to Temple Entry for all such people who were deprived entry to the Temples
across the country for thousands of years.
Mr. Senthil
Pazhamalai It is our Dharma now to protect His Article 25 Right as Citizen and as a
Mr. Venu Pedireddy Representative of Nation s Dharma
Ms. Vijaya Reddy We request His Excellency to kindly do the needful in this regard.
Chinthakuntla
Veera Vasamsetti
A 13, 2020.
E ee ed Ra a a :
A e I e e e da ed A 12, 2020 ab e H d de e
ec a d ae ad e c a , a e e da ed A 10, 2020
add e ed b M . I.Y.R. K a Ra , I.A.S., e ed C e Sec e a A d a
P ade e a e b ec , a bee b ce.
I a e ca e e e e e M.K a Ra . I e de e e
M.K a Ra e a d e e de e c a e e e
d e eH beS e eC da ed J 13, 2020 i Padmanabha ami
S
Temple Ca e.
W de e a e ad .
Re ec ,
S b d Ma a de a
B DH MA KA DE A
Senior Ad ocate
S preme Co rt of India
Phone: 43033843, Mobile: +91 98104114, email: markande a.s bodh@gmail.com
A g st 12, 2020.
Esteemed Rashtrapatiji:
I ha e been informed that Sri Rangararajan Chil koor, Archaka of Lord Chil koor Balaji
Temple [ ho to m personal kno ledge is a ersatile scholar and dedicated to the ca se of
protection and preser ation of rights of Hind religio s endo ments and instit tions] has, b
his comm nication to o , dated 18-07- 2020 represented that -
2. I nderstand that a large n mber of highl enerated Hind Maths, religio s instit tions
and endo ments as ell as Associations representing the ario s stake-holders in these
rights, ha e like ise, b their separate representations, endorsed and s pported the
representation of Sri Rangarajan.
3. As a la er citi en of India since 1962 I had the opport nit to e perience first hand, the
icissit des of fighting legal battles for the preser ation and protection of religio s rights of
se eral Hind temples, religio s endo ments and instit tions, their A chaka and
emplo ees In the light of that e perience, I hole-heartedl s pport and endorse this req est
of Sri Rangarajan and his associates.
4. Please permit me to briefl share ith o m life-time e perience bearing on this iss e
ith reference to j st t o cases.
6. Ho e er, the limits and lines sanctified b Article 26 hich the State sho ld not cross,
ere not onl bl rred b t also transgressed b the reformist legislati e eal in man States,
especiall Andhra Pradesh [ hich then incl ded Telangana],Karnataka, Kerala and
Tamilnad on the misconcei ed reliance on cla se [2] of Article 25. Worst la - The Andhra
Pradesh Charitable & Hind Religio s Instit tions & Endo ments Act, 1987 as enacted b
State Legislat re of Andhra Pradesh, hich -
Abolished hereditar tr steeship of all Hind charitable tr sts across the board,
Remo ed hereditar A chaka performing their sacred religio s d ties in 32,201
temples in the illages, to ns and cities thro gho t the State itho t an regard as
to Sam ada a to hich the belonged, ho ill perform dail ja-a cha a of the
deities and li elihoods of o er 35,000 A chaka ,
Forbade them from recei ing an A chaka am, incl ding offerings gi en b the
de otees on A a i hali , specificall meant for them and not the deities, thereb
dri ing all the A chaka t o destit tion and e en star ation,
B rdened o er 24,440 temples in the State hich had no assessable income
[Rs.1000 per ann m] to appoint A chaka and emplo ees as per the State s dik a
abo t their n mbers, q alifications, rem neration and conditions of ser ice,
Req ired pa ments to be made from the income of temples of fee for maintaining
staff of the Endo ment Department to s per ise the compliance of the pro isions of
la , [ hich as nothing short of the hated je ia],
Fi ed priorities of pa ment of emol ments to non-A chaka staff and then to
A chaka .
8. Nothing hatsoe er emerged from the deliberations of the aforesaid Committee. In the
mean hile d e to elections to the Legislati e Assembl , a ne Go ernment ass med office
and it sa the mess made b the o tgoing Go ernment and bro ght abo t an amending Act,
hich to some e tent, ameliorated the sit ation.
9. The other case relates to the temple of Sri Padmanabhas am [reclining Vi h ] of great
antiq it and fab lo s ealth. In this case three b s bodies - a licensee of propert of the
Temple, an emplo ee and the General Secretar of Temple s Staff Association filed three
separate s its in s bordinate co rts of Thir ananthap ram q estioning the competence of
the o ngest brother of last Maharaja of Tra ancore State [for con enience called the
E isting Head ] and his appointee, the E ec ti e Officer [EO] to be in control of the
management of theTemple. Thereafter, Writ Petition [WP] No. 36487 of 2009 as also filed
in the Hon ble High Co rt of Kerala b a la er, like ise q estioning the a thorit of the
E isting Head and EO to be in control of the Temple. The , in t rn, filed WP No. 4258 of
2010 contending that -
Right of the R ler to control and s per ise the administration of the Temple e isted
prior to the merger of the State ith India,
Co enant bet een the R lers of States of Tra ancore and Cochin and Go ernment
of India recognised and contin ed that right,
Article 363 of the Constit tion ins lates the Co enant from all disp tes in an co rt,
incl ding the S preme Co rt, e cept b a of reference b the President nder
Article 143 of the Constit tion,
Stat s of first petitioner [the E isting Head ] is g aranteed b the Go ernment and
preser ed and protected b Article 363, and
Therefore, s its ma be transferred and disposed of b the High Co rt on the basis
of their maintainabilit nder Article 363.
10. The High Co rt b its final j dgment held that in ie of amendment of Article 366 [22]
defining the R ler b the Constit tion [T ent -si th] Amendment Act, o ngest brother of
the last R ler cannot claim to be in control or management of the Temple as s ccessor to
the last R ler. It, therefore,
Directed the State Go ernment to constit te a bod corporate, tr st or other legal
a thorit [the a thorit ] to take o er the control of the Temple and its assets and r n
it as per traditions - all ithin three months,
Inj ncted the E isting Head from opening an of the a lts [kalla a ] of the Temple
or remo ing an article therefrom b t he co ld se the same for an rit als,
ceremonies and ja ntil the Temple is taken o er b the a thorit ,
Directed the a thorit to make an in entor of all articles and create a M se m to
e hibit the treas res to the p blic, de otees, to rists etc. and
Directed the State Go ernment to pro ide Police sec rit or at least Police
assistance for sec rit of the Temple.
11. In appeal b special lea e, the S preme Co rt had a formidable task of nra elling facts
and e ents dating back to antiq it and ma e of doc ments, la s, constit tional pro isions,
incl ding -
Deed of Absol te Gift and dedication [Th i i Da am] made on hol steps of the
Temple dated 20-01-1750 b Maharaja Thir mala Mathanda Varma hereb he
consecrated and gifted his entire State to the temple and o ed to r le as the
ser ant of the Deit ass ming the title of Sri Padmanabha Dasa . E er since then,
the Temple remained nder the contin o s and ninterr pted control and
management of s ccessi e R lers as Shebeits of a p blic temple and the ne er
claimed the Temple as their pri ate temple altho gh the made from time to time
m nificent gifts of gold, sil er, je els and precio s stones and monetar donations,
The last Maharaja Bala Rama Marthanda Varma ascended the throne in 1924 and
became Shebeit of the Temple b inheritance thro gh female line of s ccession,
hich f nction as independent of his stat s as the R ler of the State of Tra ancore.
On 12-11-1936 the last Maharaja on his o n initiati e, iss ed Proclamation allo ing
all his Hind s bjects, irrespecti e of an caste, creed or stat s, free entr into all
temples in the State incl ding Sri Padmanabha S ami Temple, hich as in that
milie , a re ol tionar step,
In 1947 in the ake of enactment of the India Independence Act, 1947 the
Paramo ntc of British Raj o er Indian r lers lapsed and the had choice to e ec te
instr ments of accession in fa o r of either of Dominions of India or Pakistan, the last
Maharaja felt that d e to dedication of the State to the Temple, he co ld not take
oath as Raj Pram kh of the proposed United State of Tra ancore & Cochin hich
as to merge ith India,
Constit tional Ad isor to the Go ernor General of India, therefore, isited the State
on 21-05-1947 and sorted o t all the iss es and Proclamation of formation of the
United State of Tra ancore & Cochin as iss ed,
On 24-03-1948 the Pro isional Constit tion Act as enacted hich in section 4[b]
pro ided that the Temple o ld be nder the e cl si e control and s per ision of the
Maharaja and not nder the p r ie of either the Co ncil of Ministers or the
Legislat re,
Accordingl , the Co enant bet een the Maharajas of Tra ancore and Cochin hich
as g aranteed b the Go ernment of India in its cla se VIII [b] specificall pro ided
that the administration of Sri Padmanabhas ami Temple shall, from 01-08-1949 be
s bject to the control and s per ision of the R ler of Tra ancore thro gh E ec ti e
Officer appointed b him nder ad ice from Temple Committee of three Hind
members chosen b the Maharaja,
In p rs ance of the abo e pro isions, specific Article 234 of the Constit tion of India
as enacted to gi e effect to the fiscal liabilities, hich has no been replaced b
Article 290-A b the Constit tion [Se enth Amendment] Act, 1956 in ie of the
reorganisation of States of Kerala and Madras [no Tamilnad ] and fi ation of their
shares of fiscal liabilities,
The Tra ancore Cochin Hind Religio s Instit tions Act, 1950 [the TCHRIA] in
sections 3, 15, 18[2] and 20 specificall pro ides that administration of the Temple is
ested in tr st in the R ler of Tra ancore and shall be cond cted s bject to control
and s per ision of the R ler thro gh the Temple Committee nominated b him,
Section 61[3] of the same Act pro ides that the Fo nder incl des his legal
representati es and as per s b-section [4] of section 61 s ccession to the hereditar
tr stee is reg lated b sage; section 62[1] pro ides for esting of administration of
the Temple,
F rther, section 5[ii] of the Hind S ccession Act, 1956 [HSA] makes the HSA
inapplicable to an estate hich descends to a single heir b the terms of an
Co enant entered into b the r ler of an Indian State ith the Go ernment of India
or b the terms of an enactment passed before commencement of the HSA.
12. On close consideration of the abo e massi e material and metic lo s anal sis of the
Tra ancore Pro isional Constit tion Act, the Co enant, rele ant pro isions of the
Constit tion of India, the TCHRIA and section 5 of the HSA and long chain of decisions of
the Pri Co ncil prior to the commencement of Constit tion of India as ell of the S preme
Co rt after the Constit tion came into force, bearing on the special attrib tes of Shebaitship
and s ccession thereto, the S preme Co rt in its j dgment dated 13-07-2020 allo ed the
appeal and set aside the j dgment of the High Co rt of Kerala holding i e -alia that -
S ccessi e R lers of State of Tra ancore ha e been Shebaits of the Temple till the
signing of the Co enant, hich as affirmed b the Tra ancore Interim Constit tion
Act before the Co enant,
Attrib tes and incidences of Shebaitship laid do n b the Pri Co ncil and the
S preme Co rt are f ll satisfied in the present case,
Shebaitship does not get e tinct,
Shebaitship de ol ed from R ler to R ler, consistent ith the principles of
s ccession of the Ro al famil ,
Shebaitship as independent of d ties of the R ler,
Use of e pression no ested in tr st in the R ler in Article VIII [b] of the Co enant
is a clear ackno ledgment of esting of s ch right of management of the Temple in
the R ler; this is also clear from para 142 of the White Paper iss ed b the
Go ernment of India hich categoricall states that Article VIII of the Co enant has a
niq e feat re,
Article VIII [b] of the Co enant ackno ledges Shebaitship independent of and
nconnected to R lership,
S ccession to Shebaitship is b principles of c stoms and sage and hence the
o ngest brother of the last R ler rightl claimed the Shebaitship,
Control and s per ision of the Temple is not in an official capacit of the R ler of
Tra ancore b t q ite independent of it,
Regarding other temples, no s ch claim is made in Article VIII of the Co enant,
Article 363 is in t o parts, one relates to disp tes arising from the Co enants and the
other relates to rights and liabilities arising o t of pro isions of the Constit tion; in this
case disp te relates to first part, namel the Co enant,
Conseq entl , Constit tion [T ent -si th Amendment] Act does not ha e an impact
on the present disp te hich does not relate to either Pri P rse or the special
rights, pri ileges or dignities of the former R ler,
Present case is akin to pri ate properties of R lers, to hich de ol tion and
s ccession ill take place as per c stom and sage,
S bstit tion of definition of R ler in Article 366 [22] b the T ent -si th Amendment
to the Constit tion is of no rele ance to the present case.
13. There is at present a massi e s rge of religio s fer o r amongst those m lti-million
people hose b gone generations ere depri ed of their freedom to practice their religion in
all its f llness d ring the dark cent ries of cr el alien despotic r le preceding the British Raj.
To them f ndamental rights relating to religion g aranteed b the Constit tion and especiall
right to control and manage their religio s places of orship are the most precio s and
pri ed. In S i Ma ha da Va ma Ca e, the S preme Co rt has sho n great sensiti it for this
precio s right. It has assid o sl ascertained the conto rs of a tonom hich is central to
this right nder Article 26 and the place of Shebait in that conte t. Ha ing fo nd that the
o ngest brother of the last R ler had, in la , all the attrib tes and trappings of Shebai , the
S preme Co rt has nreser edl maintained his right to control and manage the Temple.
14. I ha e no hesitation in joining Sri Rangarajan Chil koor and his associates in their noble
efforts to e tend the application of this j dgment to all the temples and religio s instit tions
and endo ments.
15. With kindest personal regards to o .
Respectf ll ,
SUBODH MARKANDEYA.
IYR Krishna Rao, IAS., Door No: 6-3-655,
Retd. Chief Secy., of A.P. Tulips Residency,
Flat No: 306,
Adj. to Civil Supplies Bhavan,
Somajiguda,
Hyderabad-500082.
10th August 2020,
Hyderabad.
To
His Excellency Shri Ram Nath Kovind Hon'ble
President of India,
Rashtrapathi Bhavan,
New Delhi.
From,
IYRKrishna Rao, Red., IAS,
Former Chief Secretary,
State of Andhra Pradesh,
Residing at Hyderabad.
Your Excellency,
******
Yours Respectfully,
DRAFT NOTIFICATION
The Organizations have also highlighted the historical Temples Entry Proclamation
issued by Shri Anantha Padmanabha Swamy Ruler Deity through His Shri
Padmanabha Dasa (Shebait) Chithira Thirunal Balarama Varma which formed the
basis for Article 25 providing temple entry for crores of devotees who were deprived
of temple entry for thousands of years.
(1) As per At 363 read with Art 5 from the commencement of the
Constitution, that is as from 26-1-1950 Shri Anantha Padmanabha Swamy
Deity as Ruler of Hindu Temple worship sampradaya enjoys Art 26 Rights
along with all fundamental rights enjoyed by Citizens.
To
His Excellency Shri Ram Nath Kovind Hon’ble President of India
Rashtrapathi Bhavan
New Delhi
From
Sri Karyam
Sri Parakala Mutt
Mysore
Your Excellency,
Subject: - Advice to Union Government to protect Constitutional Rights of Lord Shri
Rama Deity of Ayodhya, Lord ShriPadmanabha Swamy Ruler (Citizen) Deity and all
Hindu Deities
Aug 5th 2020 is a historical day in the history of our Nation as we celebrate the Bhoomi
Puja of Lord Shri Rama temple at Ayodhya. Lord Shri Rama deity won the case in the
Supreme Court represented by Shri K. Parasaran Senior Counsel and reclaimed His temple
but He still does not have any constitutional rights following the 28th Sept 2018
Sabarimala judgement which is under review. As a Nation it would be appropriate that
along with the Bhoomi Puja we also take immediate steps to restore the constitutional
rights of Lord Shri Rama Deity at Ayodhya so that the traditions of the temple are not
targeted using the Public Interest Litigation route in Supreme Court in future.
In this context the recent historic judgement of the Supreme Court in Lord Shri
AnanthaPadmanabha Swamy Ruler Deity case delivered on 13thJuly provides a golden
opportunity and a clear legal path to protect the constitutional rights of Lord Shri
AnanthaPadmanabha Swamy Deity, Lord Shri Rama Deity of Ayodhya, Lord Ayyappa
Deity of Sabarimala and all other Hindu Deities. The Hon’ble Prime Minister Shri
Narendra Damodardas Modi on behalf of the Nation had already promised as widely
reported in the press on April 18th 2019 in the land of Shri Anantha Padmanabha Swamy
Deity to protect rights of Hindu Deities impacted by Sabarimala Judgement under Review
From ancient times immemorial in Bharath the rights of a Hindu Deity have been
considered higher than all Citizens and Kings. The fundamental rights under our
Constitution recognizes the times immemorial rights of Hindu Deity which translates to
the Will of the Deity being supreme in all temple matters. Further when the Travancore
Kingdom which was donated to Lord Shri Padmanabha Swamy Deity and merged with
Bharath it was agreed by Sardar Patel that the integral part of Travancore Constitution
would also be the Integral part of our Constitution. The integral part of Travancore
Constitution is that the Will of the Deity is supreme in matters relating to a Hindu temple
and the same has been recognized in Art 26 of our Constitution as Sampradaya.
The word Sampradaya as reflected in the Hindi translation of the Article 26 of the
Constitution is to be considered as the will of the deity. The derivation of the word
Sampradaya is explained through an attached note (see Annexure 2) and it means
Practices passed on through Guru parampara.The first Guru is Lord Sriman Narayana
whose incarnation is the Hindu Deity therefore Art 26 protects the rights of Hindu Deity
Sampradaya.As mentioned in Sri Vishnu Purana (3-4-5) written by Sage Parashara, father
of Sage Veda Vyasa, Sage Veda Vyasa is none other than Lord Narayana himself for all
of us.
!
Sage Veda Vyasa in Mahabharatha (Shanthi Parva 359-68)says:
प&रा)*य कृ /0*य व2ा नारायण**वयम्। सव8षु च नृप"े= >ाने?वेतेषु #$यते।।whichmeans
Pancharathra Agamais imparted by Lord Narayana to help the mankind to worship him
and attain the goal of human life- salvation.SimilarlyVaikhanasa Agama and Parasurama
Agama has its preceptors ordained by Lord Narayana. Similarly there are other Agamas
and practices followed by various other temples in this country.
In Jayakhya Samhita one of the key Pancharatra agama text it is said that:
साLाRारायणो देवः कृ /वा म/यMमयT तनुम्। मUानुOरते लोकान् काIJयाVछाXपािणना।।!
Meaning Lord Narayana himself takes the form of Sages and Sacred Gurus and comes to
this world to uplift the devotees. It is hence the deity’s right to make available to the
devotees ways and means of attaining moksha which is the purpose of life for the
devotee. It is also for the devotees right to purpose of life that the Sampradayas need to
be protected.
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Dr A V Ramana Dikshitulu MSc PhD
Pradhana Archaka & Agama Advisor
No.3 Officers’ A Type Quarters
Tirumala 517 504
From
Dr A V Ramana Dikshitulu MSc PhD
Pradhana Archaka & Agama Advisor
Tirumala Sri Venkateswara Swamy (Balaji) Temple
Tirumala – Andhra Pradesh
To
His Excellency Shri Ram Nath Govind
Honourable President of India
Rashtrapathi Bhavan
NEW DELHI
Your Excellency,
Sri C S Rangarajan, the archaka of Lord Chilkur Balaji Deity has written a letter to His Excellency
President of India on 18.07.2020 requesting that the Article 26 – Right to protect Lord Sri
th
Padmanabhaswamy Ruler Citizen be recognized as per the findings of fact in the historic 13 July
judgement of the Honourable Supreme Court. I support the contentions of Sriman Rangarajan.
This judgement of Lord Sri Padmanabhaswamy Ruler Citizen deity temple case needs to be applied
to all the deities of all temples like Tirumala Venkateswara swamy temple. It is our dharma to now
protect the Article 26 Rights as a Citizen and as a representative of Nation’s Dharma.
_______________________________________________________________________________________________
____________
Tel +91 8772279432 Mobile +91 94408 93744
Email: ramanadikshitulu@gmail.com
ನಮ#$%ೕವ()*ನ
4 August 2020
To
His Excellency Shri Ram Nath Kovind,
Hon’ble President of India,
Rashtrapathi Bhavan,
New Delhi
From
ನಮ#$%ೕವ()*ನ (“Namma Devasthāna”)
Rāga, #56, Tatanagar, Bangalore 560092
Subj: Request to Union Government to protect
Constitutional Rights of Lord Shrī Padmanābha Swāmy
Ruler (Citizen) Deity
Your Excellency,
F B H D
C K . T
C H D
W D .F T
K L S P S D
B S P T C
I C . T T
C W D H
A 26 C S .
T S H A 26
C . T
S ( A 2)
P G .T G L S N
H D A 26 H D
S .A S V P (3-4-5) S P ,
S V V ,S V V L N
.
क प यन व न र यण भ क भ व म य म भ रतक वत
S V V M (S P 359-68) :
प र क व न र यण यम वष च नप न तष त
P A L N
- .S V A
P A L N .S
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I S P S P A :
ल ष कश द क पय र क व वद ष च ग यत
W L N G L
V , S , S
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I J S P :
र यण दव क म मय तनम म न रत ल क न क प णन
M L N S S G
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Anne e-2
स दाय
T W स दाय स दाय V S A S E
T , T , T I ,
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वजयनती, िव ,नामिल ानशासन A
अमरक श I A (3-2-7) -आ ाय स दाय
ग परपरागतसदपदश स दाय -य स दान भवित स /तत स दाय /स दाय स क- श न-दान स- -दान-
ग परपरागत सदपदश स- -दाय /- स- -दाय- दाञ-धात (ज-उ-अ) +घञ (3-3-18-पािणनी)+यक (7-3-33-
पािणनी) आ ाय V
G . आ- ा-य - ा-अ ास ( ा-प-अ) +घञ (3-3-
18-पािणनी)+आत (7-3-33- पािणनी) इित यक V S A S आ ाय
S , .H V ( 4
, U , B , V , A .), अधीती चत ा ायष- आ ायवचन स िम य
ल कस ह आ ाय पनवदा सता सवत मखा -A , ,
,R , ,
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, , . T स दाियन-
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ी-स दाियन )
T V .M (1-2-12) :
परी ल कान-कमिचतान- ा ण िनवदमायात ना कत कतन
ति ानाथ सग मवािभग त सिम ािण ि य िन म
त सिव ानपस ाय स शा िच ाय शमा ताय
यना र प ष वद स वाच ता त त िव ाम
(W ,
P P B .T
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L N V .T :
िस स दाय थरिधयमनघ ि य िन G
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Con
I i aid ha L d Na a a a hi elf a gh B ah a Veda a d Aaga a ef hi hi f
al a i . Thi ha c e a Sa ada a. E.g. Pa cha a a aga a a :
ं ः
described in , , ं of Amarasimha
described in sloka - ः ः ं ं ः-
ं ं ः/ ं ः/ ं ं - - ं ं- - ं-
ं ं ं- - ः/- -ं - ं- - ( - - )+ (3-3-
( - - ) + (3-3-18- )+ ः(7-3-33- )
VamanShivramApteSummarises the meaning of ः as
Sacred tradition, sacred text handed down by tradition or
ं ं ं ः ः ः ः ः-A
sacred text or precept in general, traditional usage, family or
of Vedas.
(3) M. Monier- Williams Sanskrit dictionary also captures the
Mundakopanishad(1-2-12) says:
- - ः
ः ं
ं ं ं ं
(When a person examines the world and realizes that there is
nothing permanent here, he should approach a knowledgable
teacher who knows about the Permanent item Para Brahmam.
The teacher should now teach the student Brahma vidya or
knowledge about Parabrahma).
(5) Expanding on the above Mundakopanishad verse, Swamy
Vedanta Desika uses the word ं ः to traditional knowledge
This is as follows:
J l
Che ai
T
Hi E celle c Sh i Ra a hK i d
H ble P e ide f I dia
Ra h a a hi Bha a
Ne Delhi
Dea M P e ide
Sub: Rec g i i f igh de A R le ci i e dei Sh i Pad a abha a h
ga e A Righ Te le E c e f de ee ac he a i
We ha e lea ha S i C S Ra ga aja he A chaka f L d Chilk Balaji Dei e e e i g
Hi i he ha i e a le e Hi E celle c he P e ide f I dia da ed hJ l
a d ha e e ed ha he igh f L d Sh i Pad a abha S a R le Ci i e Dei
ec Hi de ee de A f I dia C i i be ec g i ed a e he fi di g f
fac i he hi ic h J l j dge e f he S e e C
Thi J dge e i Sh i Pad a abha a Te le ca e eed be a lied all he Dei ie
f e le
While i g hi e e e a i f L d Chilk Balaji Dei da ed hJ l ea
People For Dharma ld like b i g he ki d ice f Hi E celle c ha i a R le
Ci i e Dei Sh i Pad a abha S a h i ed he hi ic Te le E P cla a i
de c ibed a a de i acle b Maha a Ga dhi a d hich f ed he ba i f A
Righ e le e f all ch e le h e e de i ed e e le ac he
c f h a d f ea
I i Dha a ec Hi A Righ a a Ci i e a d a a e e e a i e f
Na i Dha a
Tha ki g
Y l
Ra il cha a G
Ma agi g T ee
To
His Excellency Shri Ram Nath Kovind
Hon ble President of India
Rashtrapathi Bhavan
New Delhi
From
Rangarajan Chilukoor
Archaka & Co-Convener Temples Protection Movement
Sri Chilkur Balaji Venkateshwara Swamy Temple
Telangana State
Your Excellency in the letter dated 29th & 28th June 2020 exercising my Liberty of
thought expression belief, faith and worship as Archaka of Lord Chilkur Balaji Deity, I
had quoted the guidance received by a devotee of Lord Chilkur Balaji as a result of
chanting of Lord s Nama OM Vashat Karaya Namaha in the form of the observation of
late Shri Nani Palkhivala because of whom we still have fundamental rights in our
Country.
The matter is left to the President's sense of public decency and honour. The Constitution
is silent on the point, but in our Constitution what is left unsaid is often more important
than what is said. The President has not only to act impartially but he has to act nobly.
He represents the nation's dharma. He is the keeper of the country's conscience. As the
first citizen of the country, he has to make the decision with buddhi -- a decision that no
computer can ever make. We are faced with the stark alternative of either dharma in
public life or the twilight of Indian democracy
The entire Nation is celebrating the victory of Lord Shri Padmanabha Swamy Ruler
Citizen Deity the very embodiment of Dharma in His temple case in Supreme Court
through the landmark Judgement delivered on 13th July 2020 enabled by chanting of His
(Inner Controller of all) Nama Om Vashat Karaya Namaha by His devotees.
A close reading of the judgement implicitly or explicitly establishes legality of the
following facts.
2. The Kingdom of Travancore was donated through Thrippati Danam ritual to Lord
Shri Padmanabha Swamy Deity on January 20th 1750 and after this historic event
Shri Padmanabha Swamy Deity became Ruler of Travancore and Ruled the
Kingdom through His Shri Padmanabha Dasas (Shebaits) till the instrument of
accession was signed.
3. Sec 6(4) of Government of India Act, 1935 Act as amended by the India
(Provisional Constitution) Order 1947 validates the legality of the instrument of
accession signed on behalf of Lord Shri Padmanabha Swamy Deity by His Shri
Padmanabha Dasa (Shebait) as the Deity is a perpetual minor in law and
represented by His Shebait.
4. The Sec 4(b) of Travancore Interim Constitution Act 1123 (enacted by Lord Shri
Padmanabha Swamy Ruler Deity) establishes the Will of Lord Shri Padmanabha
Swamy Ruler Deity that Secular State shall have no role to play in administration
of Hindu Temples.
5. The historic Judgement has referred to the landmark Privy Purse Judgement of the
Supreme Court delivered by eleven Judges bench.
The above facts in the Judgement read with the ratio of the Privy Purse Judgement “The
Rulers who were before integration of their States aliens quo the Dominion Government
are now Citizens. Their rights and obligations which arose from an act of State are now
recognized and accepted by the Union of India” makes Lord Shri Padmanabha Swamy
Ruler Deity a Citizen of our Nation with all Constitutional Rights.
The above judgement thus establishes the legality of Art 26 protection of Rights of our
Lord Shri Padmanabha Swamy Ruler Citizen Deity that was explained in the letter dated
29th June excerpts of which are reproduced
My Acharya is the 46th Jeer of Sri Ahobila Mutt which is a major Mutt of Bharath a 621
year old Sanathana Dharma based Religious Sri Sampradaya Institution with crores of
shishyas all over the globe. This Mutt has the glory of being the Rajaguru of two major
empires in India, the famous Vijayanagara empire and the Kalinga empire. Emperor Sri
Krishnadeva Raya was a staunch disciple of 6th Pattam Jeer of Ahobila Mutt, Sri
Parankusa Yatheendra Mahadesikan. Similarly Mukunda Deve Raya the emperor of
Kalinga was also a staunch disciple. Starting from Sri Adi Van Satakopa Yatheendra
Mahadeshikan onwards this Mutt lineage Jeers were instrumental in carrying forward
the intention of Lord Lakshmi Narasimha of Ahobilam. Lord Malola Lakshmi Narasimha
of Ahobilam is the presiding deity of the Mutt and he has ordained his Jeers to travel and
spread Sri Sampradaya to the world. Ahobila Mutt Jeers contributed to restoring Temple
worship and deity rights during various invasions such as reinstating Nammalvar at
Alvar Tirunagari, reinstating Puri Jagannath during the onslaught on Puri by
Kalapahaar, reinstating Ahobilam worship post onslaught of Ahobilam by Golconda
forces after tallikota war etc.
From ancient times immemorial in Bharath the rights of a Hindu Deity have been
considered higher than all Citizens and Kings. The fundamental rights under our
Constitution recognizes the times immemorial rights of Hindu Deity which translates to
the Will of the Deity being supreme in all temple matters. Further when the Travancore
Kingdom which was donated to Lord Shri Padmanabha Swamy Deity and merged with
Bharath it was agreed by Sardar Patel that the integral part of Travancore Constitution
would also be the Integral part of our Constitution. The integral part of Travancore
Constitution is that the Will of the Deity is supreme in matters relating to a Hindu temple
and the same has been recognized in Art 26 of our Constitution which was inserted
through the efforts of Kanchi Paramacharya (A note on the same is enclosed in
Annexure-1)
The efforts undertaken by Kanchi Paramacharya in this regard has been highlighted by
Shri Agnihotram Ta acha ia i hi a icle i led The Ideal P he f Age a d i i
clear that Kanchi Paramacharya had taken great care in the wording of Art 26 so that
the rights of our Sampradayas are protected. The same has been reflected in the Hindi
translation of the Constitution. The derivation of the word Sampradaya is explained
through an attached note (see Annexure-2) and it means Guru parampara and the first
Guru is Lord Sriman Narayana whose incarnation is the Hindu Deity therefore Art 26
protects the rights of Hindu Deity Sampradaya. It is said in Sri Prashna Samhitha a text
of Pancharatra Agama:
ल ा सह ष कश द ा का पया र क र्सस ा र्दा ष च ग यत
Which means Lord Narayana along with the compassionate Goddess Lakshmi protects
all Vedic worship practices, Sampradayas, Siddhanthas to enable the devotee to
surrender to him and attain moksha hich i he l ima e e f life. I i he dei
right to make available to the devotees ways and means of attaining moksha which is the
purpose of life for the devotee. It is also for the devotees right to purpose of life that the
Sampradayas need to be protected.
Interestingly the above Articles were numbered Art 19 & 20 in the draft Constitution of
Nov 1948 but they took their right numbers Art 25 & Art 26 in the final version after we
took our ancient name Bharath under Art 1 and Lord Padmanabha Swamy Deity became
Ruler under Art 363 with His Chakra in our National Flag for our protection
As your Excellency is aware one of the wrong conclusions in the 28th Sept Sabarimala
judgement is that Hindu Deities have no Constitutional rights which is against the very
soul of our ancient civilization.
Supreme Court of India which has in its emblem यत ध त जय has correctly observed
"In the adharma flowing from wrong decision in a Court of law, one fourth each is
attributed to the person committing the adharma, witness, the judges and the ruler".
ध ण त ध व तथ ध ण त श यत ध त जय It is by
following dharma that we gain victory over diseases is the advice of Mahabharatha. At a
time when our Nation is facing its biggest crisis in the form of Covid-19, China issue,
Nepal issue and Economy the above advise is very significant.
I request Your Excellency As the representative of our Nation s dharma to consider the
following suggestions and ensure the welfare of our Nation.
1. Advise the counsel of Union Government to represent to the Supreme Court Nine
Judge Bench hearing the questions of law arising out of the Sabarimala Review
Petition to bring to the notice of the Court above points and guide the Court and
protect Art 26 Constitutional Rights of our Ruler Citizen Deity and all Hindu
Deities.
2. Advise the Union Government to restore back the 21 gun salute of Indian Army
during important festivals of Lord Shri Padmanabha Swamy Ruler Citizen Deity
which was discontinued under the mistaken impression that 26th amendment of
Constitution takes this away while it is protected under Art 26 & Art 25 of our
Constitution.
3. Advice the Indian Army to consider providing security to the wealth of the temple
free of cost.
The army of our Lord Shri Padmanabha Swamy Ruler Citizen Deity called the
Travancore Nayar Brigade was merged with Indian Army as the 9th battalion
Madras Regiment
Even to this day the Regiment celebrates the historic victory over Dutch Navy in
the battle of Kolachal made possible by the grace of Lord Shri Padmanabha
Swamy as the Kolachal day.
Today when due to the action of the State the well-hidden ancient secret of wealth
of Lord Shri Padmanabha Swamy Ruler Citizen Deity has become known
internationally it is the moral duty of the Indian Army due to above history to
provide security for the wealth free of cost.
4. Advise the Union Government to consider using its powers as per concurrent list
to repeal the 1974 amendment of the Travancore Cochin Hindu Religious
Institutions Act.
The Kerala State has enacted the 1974 amendment to the Travancore Cochin
Hindu Religious Institutions Act and replaced Lord Shri Padmanabha Swamy
Ruler (Citizen) Deity with Kerala Govt as the master of Travancore Dewaswom
Board. This was done after the 26th amendment of the Constitution and based on
the judgement of Shri Padmanabha Swamy temple is in violation of the Art 26
Rights of Ruler Citizen Deity. This amendment Act does not seem to have got
Presidential assent and the repeal of this unconstitutional act is important to
remove political interference in the affairs of Hindu temple administration in the
Kerala State.
5. Advise the Union Government to depute the services of learned Attorney General
in the Swami Dayananda Saraswati Hindu Temple Freedom case WP 476 of 2012
to guide the Court on the agreement made with Lord Shri Padmanabha Swamy
Ruler Citizen Deity to keep Secular State from taking over and interfering in the
administration of Hindu Temples.
A Suitable dharmic advice to the Union Government to take action on all of the above
points by Your Excellency will go a long way to protect Dharma which will be in the
long-term interests and welfare of our Nation. OM VASHAT KARAYA NAMAHA
Thanking you,
Yours Respectfully,
Date: 29th June 2020
Chilkur
To
His Excellency Shri Ram Nath Kovind
Hon ble President of India
Rashtrapathi Bhavan
New Delhi
From
Rangarajan Chilukoor
Archaka & Co-Convener Temples Protection Movement
Sri Chilkur Balaji Venkateshwara Swamy Temple
Telangana State
Subject :- Advice to Hon’ble Chief Justice of Supreme Court under Art 39A to
expedite delivery of judgement in Lord Shri Padmanabha Swamy Ruler Deity case
contd..
Your Excellency in the letter dated 28th June 2020 (enclosed) with the same subject as
above exercising my Liberty of thought expression belief, faith and worship as Archaka
of Lord Chilkur Balaji Deity, I have highlighted how the Nine Judge Bench of the
Supreme Court had disrespected my Chilkur Balaji Deity on Feb 10th 2020. I had also
quoted the guidance received by a devotee of Lord Chilkur Balaji as a result of chanting
of Lord s Nama OM Vashat Karaya Namaha in the form of the observation of late Shri
Nani Palkhivala because of whom we still have fundamental rights in our Country.
The matter is left to the President's sense of public decency and honour. The Constitution
is silent on the point, but in our Constitution what is left unsaid is often more important
than what is said. The President has not only to act impartially but he has to act nobly.
He represents the nation's dharma. He is the keeper of the country's conscience. As the
first citizen of the country, he has to make the decision with buddhi -- a decision that no
computer can ever make. We are faced with the stark alternative of either dharma in
public life or the twilight of Indian democracy
I now feel it is my duty to appraise you of the violation of spirit of dharma by the
Supreme Court on Feb 10th 2020 as your Excellency is the keeper of the Nation s
conscience and represents our dharma.
Today 29th June 2020 is a very important day for the disciples of Shri Nadadoor Azhwan
& Shri Nadadoor Ammal whose Thiru Malikai s prathista in Srirangam was completed
one year back on this very day and it is apt that this letter is being dated and sent today.
My Acharya is the 46th Jeer of Sri Ahobila Mutt which is a major Mutt of Bharath a 621
year old Sanathana Dharma based Religious Sri Sampradaya Institution with crores of
shishyas all over the globe. This Mutt has the glory of being the Rajaguru of two major
empires in India, the famous Vijayanagara empire and the Kalinga empire. Emperor Sri
Krishnadeva Raya was a staunch disciple of 6th Pattam Jeer of Ahobila Mutt, Sri
Parankusa Yatheendra Mahadesikan. Similarly Mukunda Deve Raya the emperor of
Kalinga was also a staunch disciple. Starting from Sri Adi Van Satakopa Yatheendra
Mahadeshikan onwards this Mutt lineage Jeers were instrumental in carrying forward the
intention of Lord Lakshmi Narasimha of Ahobilam. Lord Malola Lakshmi Narasimha of
Ahobilam is the presiding deity of the Mutt and he has ordained his Jeers to travel and
spread Sri Sampradaya to the world. Ahobila Mutt Jeers contributed to restoring Temple
worship and deity rights during various invasions such as reinstating Nammalvar at Alvar
Tirunagari, reinstating Puri Jagannath during the onslaught on Puri by Kalapahaar,
reinstating Ahobilam worship post onslaught of Ahobilam by Golconda forces after
tallikota war etc.
From ancient times immemorial in Bharath the rights of a Hindu Deity have been
considered higher than all Citizens and Kings. The fundamental rights under our
Constitution recognizes the times immemorial rights of Hindu Deity which translates to
the Will of the Deity being supreme in all temple matters. Further when the Travancore
Kingdom which was donated to Lord Shri Padmanabha Swamy Deity and merged with
Bharath it was agreed by Sardar Patel that the integral part of Travancore Constitution
would also be the Integral part of our Constitution. The integral part of Travancore
Constitution is that the Will of the Deity is supreme in matters relating to a Hindu temple
and the same has been recognized in Art 26 of our Constitution which was inserted
through the efforts of Kanchi Paramacharya (A note on the same is enclosed in
Annexure-1)
The efforts undertaken by Kanchi Paramacharya in this regard has been highlighted by
Shri Agnihotram Ta acha ia i hi a icle i led The Ideal P he f Age a d i i
clear that Kanchi Paramacharya had taken great care in the wording of Art 26 so that the
rights of our Sampradayas are protected. The same has been reflected in the Hindi
translation of the Constitution. The derivation of the word Sampradaya is explained
through an attached note (see Annexure-2) and it means Guru parampara and the first
Guru is Lord Sriman Narayana whose incarnation is the Hindu Deity therefore Art 26
protects the rights of Hindu Deity Sampradaya. It is said in Sri Prashna Samhitha a text of
Pancharatra Agama:
ल ा सह षीकश द ा का पया र क र्सस ा र्दा ष च गीयत
Which means Lord Narayana along with the compassionate Goddess Lakshmi protects all
Vedic worship practices, Sampradayas, Siddhanthas to enable the devotee to surrender to
him and attain moksha hich i he l ima e e f life. I i he dei igh make
available to the devotees ways and means of attaining moksha which is the purpose of
life for the devotee. It is also for the devotees right to purpose of life that the
Sampradayas need to be protected.
Interestingly the above Articles were numbered Art 19 & 20 in the draft Constitution of
Nov 1948 but they took their right numbers Art 25 & Art 26 in the final version after we
took our ancient name Bharath under Art 1 and Lord Padmanabha Swamy Deity became
Ruler under Art 363 with His Chakra in our National Flag for our protection
Chilkur Balaji Venkateshwara Swamy temple is a temple following Sri Ahobila Mutt Sri
sampradaya and Shri M.V. Soundararajan hereditary archaka cum trustee of the temple
and my father is a Shishya of the Mutt. I am also the Shishya of the Mutt and the Archaka
of Lord Chilkur Balaji and it is with my knowledge that an impleading application on
behalf of Lord Chilkur Balaji Venkateshwara Swamy Deity has been filed to express the
views of the Deity before the Supreme Court Nine Judge Bench hearing the reference
arising from Sabarimala Review Petition order dated 14th Nov 2019. As your Excellency
is aware one of the wrong conclusions in the 28th Sept judgement is that Hindu Deities
have no Constitutional rights which is against the very soul of our ancient civilization. It
is unfortunate that the Supreme Court Nine Judge Bench in its order dated Feb 10th 2020
rejected the Intervener Petition on behalf of Chilkur Balaji Venkateshwara Swamy Deity
IA 11778/2020. It has been brought to my notice that Retd Chief Justice, Retd Justice and
Retd Senior Counsels of Supreme Court when appraised about the details of this petition
have unanimously endorsed the view that the rejection of the IA filed by Chilkur Balaji
Deity raises the below Question of Dharma (see Annexure-A)
Whether the questions framed can be answered without making Hindu Deity who
filed Intervener Application with a claim that outcome will impact fundamental
rights of all Hindu Deities a Party?
The supporting legal points for the above question of Dharma is presented below in
Annexure-A.
Supreme Court of India which has in its emblem यत ध त जय has correctly observed
"In the adharma flowing from wrong decision in a Court of law, one fourth each is
attributed to the person committing the adharma, witness, the judges and the ruler".
ध ण ह त ाध ह व तथा हा ध ण ह त श यत ध त जय It is by
following dharma that we gain victory over diseases is the advice of Mahabharatha. At a
time when our Nation is facing its biggest crisis in the form of Covid-19, China issue,
Nepal issue and Economy the above advise is very significant.
Your Excellency As the representative of our Nation s dharma I leave it to your good
judgement as to what corrective steps should be taken at this crucial juncture. I have done
my duty to appraise Your Excellency of the violation of spirit of dharma by the Supreme
Court which is impacting the welfare of our Nation OM VASHAT KARAYA NAMAHA
Thanking you,
Yours Respectfully,
Annexure-A
2. The Issues framed has itself arisen from the Review of the SC
Sabarimala Judgement dated 28th Sept 2018 and a wrong view that
Hindu Deities have no Constitutional Rights was articulated which
impacts all Hindu Deities.
5. The SC Order dated 10th Feb 2020 while rejecting the IA filed by a
Hindu Deity whose fundamental rights are impacted by the outcome
allowed IA by some parties without any reasoned order.
Annexure-I
Annexure-2
स दाय
To
His Excellency Shri Ram Nath Kovind
Hon ble President of India
Rashtrapathi Bhavan
New Delhi
From
Rangarajan Chilukoor
Archaka & Co-Convener Temples Protection Movement
Sri Chilkur Balaji Venkateshwara Swamy Temple
Telangana State
Subject:- Advice to Hon’ble Chief Justice of Supreme Court under Art 39A to
expedite delivery of judgement in Lord Shri Padmanabha Swamy Ruler Deity case
At a time when the total count of Covid19 positive cases has crossed over 500K I am
making this appeal to your Excellency for welfare of our Nation exercising my Liberty of
thought expression belief, faith and worship as Archaka of Lord Chilkur Balaji Deity.
Sage Pulastya has said that viruses come into being when we become materialistic and
forget our creator Lord Sriman Narayana and the best way to gain victory over them is to
please Lord Sriman Narayana. This method was adopted by Travancore Kingdom to gain
victory over 1918 Spanish Flu which took millions of lives all over the world and British
India. As per the Travancore Constitution Lord Shri Padmanabha Swamy Deity as Ruler
due to the donation of the Kingdom by great Marthanda Varma enjoyed rights above
even the Maharaja who ruled as His Shri Padmanabha Dasa. It is the obligation of Ruler
Deity to protect arising out of the donation that ensured Travancore Kingdom was
protected in 1918. While we inherited the same obligation to be protected by our Ruler
Deity under Art 26 read with Art 363, we so far have not been able to access His grace
due to the obstacle of Sabarimala judgement in which Supreme Court mistakenly held
that our Ruler Deity including all Hindu Deities have no Constitutional rights. The fact
that our Ruler Deity chose constitutional means to reclaim His temple at Ayodhya by
approaching Supreme Court shows that he has allowed Himself to be bound by
Constitution.
When on Feb 5th thousands of devotees prayed to Lord Chilkur Balaji to protect our
Nation from Coronavirus it is thus explainable why immediately on Feb 10th petition of
Lord Chilkur Balaji Deity was taken up for hearing by Supreme Court Nine Judge Bench
as the Ruler Deity desired to remove the obstacle of Sabarimala judgement for protection.
Unfortunately, this petition was rejected by the Supreme Court Nine Judge Bench.
Subsequently when it became widely known that Travancore Kingdom was miraculously
protected by Lord Shri Padmanabha Swamy Ruler Deity from deadly 1918 Spanish Flu
an effort was made to have the much delayed more than 14 months reserved judgment in
Ruler Deity s case in Supreme Court (SLP 11295 of 2011) delivered.
On May 27th between 10:30AM and 11:30AM auspicious time devotees were asked to
chant ÓM VASHAT KARAYA NAMAHA and pray to our Ruler Deity who is inner
controller of all including Supreme Court Judges for removal of obstacles to delivery of
the judgement. Miraculously we can see the only sharp dip in the Coronavirus infected
persons graph (Total infected – Total cured) within a day of this prayer.
Since we felt that there was no scope in our Constitution to demand delivery of a delayed
judgement howsoever long it may be delayed by Supreme Court, the only alternative we
felt was to ask devotees to continue to chant ÓM VASHAT KARAYA NAMAHA 28
times daily so that our Ruler Deity who is the inner controller of all including Supreme
Court Judges can ensure that His Art26RightToProtect is restored and we are protected
from Coronavirus similar to how Travancore Kingdom was protected from 1918 deadly
Spanish Flu. Recently a devotee of the temple who has been chanting OM VASHAT
KARAYA NAMAHA as per the above appeal has brought the following observation of
the late eminent Jurist Shri Nani Palkhivala made in a different context but according to
him applicable in the present unique situation to our notice: -
The matter is left to the President's sense of public decency and honour. The Constitution
is silent on the point, but in our Constitution what is left unsaid is often more important
than what is said. The President has not only to act impartially but he has to act nobly.
He represents the nation's dharma. He is the keeper of the country's conscience. As the
first citizen of the country, he has to make the decision with buddhi -- a decision that no
computer can ever make. We are faced with the stark alternative of either dharma in
public life or the twilight of Indian democracy.
Based on the above observation of late Shri Nani Palkhivala we now feel there is scope
for His Excellency the President as keeper of the country s conscience and representative
of Nation s dharma to advice the Hon ble Chief Justice of Supreme Court (who is
appointed and administer oath by President) by invoking Art 39A to uphold the spirit of
dharma in its emblem and ensure delivery of the long delayed judgement in Shri
Padmanabha Swamy Ruler Deity case in National interest.
We humbly request Your Excellency President to do the needful in this important matter
as per dharma in National interest. OM VASHAT KARAYA NAMAHA
Thanking you,
Yours Respectfully,