One of the longest-standing debates in Indian constitutional law and politics has been around whether and to what extent the State should control the affairs of religious and charitable institutions. From before Independence and after, Hindu religious institutions, for example, have been subject to a complex and layered regulatory mechanism. At present, this takes the form of umbrella enactments called The Hindu Religious and Charitable Endowments Act, which are enacted by different states.

Opponents of this regulatory framework gather under the banner of “free the temples,” and question why the State needs to be involved in questions of faith, and of the administration of the institutions of faith. At first blush, this is a fair question: An element of contemporary secularism is a separation of the State and religion.

In other countries, the relationship between the State and religious institutions is much more light-touch and is limited to overarching questions of tax law and jurisdiction in case of offences.

Religious institutional autonomy, in other words, is given far greater importance.

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