Subramanium: the only reason why J Mukherjee [in... ... Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 7]

Subramanium: the only reason why J Mukherjee [in Shirur Mutt] upheld the hindu endowments and charitable act was based upon the fundamental principle in hindu law thar donors foundations and his benedictions and his dedications must be truly honoured. that is, all that which comes out of that property must be ploughed back. It was evolution of the doctrine of trust and when they found that the traditional laws dealing with administration of trust was insufficient, there felt the need to address the need for the deity to whom a dedication has been made and a shivate must have in honesty in aid of an endowment became principles what sustained the law.

but under the guise of regulation, what was being attempted was actually to [takeover] the management of the temple, then its completely unconstitutional. while madras HC in shirur mutt struck down all provisions. J Mukherjee noticed section 92 of the 1951 Act, which clearly says no powers which will be exercised will interfere with the rights granted to denominations under article 26 of the constitution. This is the peaceful coexistence. when he founded that he trepassed to article 25(1) or denuded and couldnt be justified under article 26(b), he struck down all those provisions.