AIR 1945 MADRAS 211

Madras High Court

Hon'ble Judge(s): Leach , C.J. AND Shahabuddin , J

(A) Madras Temple Entry Authorisation and Indemnity Act (22 of 1939) , — Act is intra vires Provincial Legislature - Expression "charitable institutions" in List II, Sch.7, Government of India Act - Scope of - Words and Phrases. The expression "charitable institutions" in Entry 34, List II, Sch. 7, Government of India Act, includes religious institutions. The subject-matter of the Madras Act 22 of 1939 the object of which was to throw open the Hindu Temples in the province of Madras for the purpose of worship by all Hindus who by custom or usage had previously been excluded from entry therein comes within Entry 34, List II, Sch. 7, Government of India Act, and it is therefore intra vires the Provincial Legislature. The fact that the Act may affect Hindus of other provinces who happened to go to the temples for worship in the Province of Madras cannot affect its validity : Case law discussed. (Para 211C2 214C1,2 215C1) Even if there was any doubt as to whether the subject-matter of the Madras Act 22 of 1939 came within Entry 34, List II, Sch. 7, Government of India Act, the Sri Minakshi Sundareswaral temple Madura and its endowments constitute a trust under the Madras Hindu Religious Endowments Act and therefore by virtue of Entry 9, List III, Sch. 7, Go....