- (1.) This and connected writ petitions and transfer cases concern the constitutionality of Sections 34, 35, 37, 39 and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (for short, the 'Act') abolishing hereditary rights of archaka, mirasidars, gamekars and other office-holders and servants like hereditary Karnam of Dwarka Thirumalai Temple in West Godavari District. The facts in Writ Petition No.638/87 are sufficient for consideration of questions raised in this batch of cases.
(2.) The petitioner is one of the Chief Priests (archaka) in an ancient and renowned Hindu temple at Thirumala Tirupathi known in entire south-Asia and abroad as Venkateswaraswamy temple and in north-India as Balaji temple in whose praise saint Annamacharya spent his life in singing devotional songs - a practice devolved by custom and usage from over a century. According to the petitioner, the office of archaka is succeeded from forefathers in accordance with the Vaikhanasa Agama Shastra rules which govern the temple on the principles of 'heirs in line of succession' among four families, viz., Paidapally family, Gollapalli family, Pethainti family and Thirupathanna Garu family. The petitioner belongs to the Paidapally family. According to the petitioner, being Hindu vaishnavas, they render Archaktwam service in the holy temple of Lord Venkateswara situated on the top of seven hills or Saptagiri, Thirumalai. The temple is presided over by Lord Venkateswaraswamy known by different names.
(3.) Religion is inspired by ceaseless quest for truth which has many facets to release and free the soul from ceaseless cycle of birth and death to attain salvation. Hindus believe that worship consists of four forms of which idol worship is one such form. Mode of worship varies among persons of different faiths. It is an assimilation of the individual soul with the infinite. For its attainment diverse views and theories have been propounded and one of them is idol worship. Hindu creed believes that the Supreme Being manifests Himself with three aspects as Brahma, the Creator, Vishnu, the Preserver and Shiva, the Destroyer and Renovator. Those who believe and are devoted to the worship of Vishnu are known as Vaishnavas and those who worship Shiva are called Saivites.;