Article 290A

Article 290A of the Constitution of India provides for annual financial payments by the States of Kerala and Tamil Nadu to certain Devaswom Funds. It was introduced to ensure the continued maintenance and support of Hindu temples and shrines that were under the control of the former princely states of Travancore and Cochin, even after the reorganisation of States in 1956. The article reflects India’s constitutional commitment to preserving its religious and cultural heritage through sustained financial arrangements.

Historical Background and Context

Before the commencement of the Constitution, the princely States of Travancore and Cochin were responsible for maintaining Hindu temples and religious endowments within their territories through dedicated Devaswom Boards. When the States of Kerala and Tamil Nadu were reorganised on 1 November 1956, some territories from the former princely States were merged into these new administrative entities.
To ensure that the financial responsibilities for maintaining temples and shrines were not disrupted due to the reorganisation, Article 290A was inserted to provide a constitutional guarantee of financial support for the Devaswom institutions. This provision ensured continuity in meeting the religious and cultural obligations historically associated with these regions.

Financial Provisions under Article 290A

Article 290A mandates that annual sums be paid from the Consolidated Fund of Kerala and Tamil Nadu to their respective Devaswom Funds. The payments are as follows:

• The State of Kerala must pay ₹46,50,000 every year to the Travancore Devaswom Fund.
• The State of Tamil Nadu must pay ₹13,50,000 every year to the Devaswom Fund established for Hindu temples and shrines within its jurisdiction.

These amounts are charged expenditures, meaning they are automatically paid out of the respective Consolidated Funds without requiring further legislative approval. This makes the payments a statutory and constitutional obligation of the two States.
The purpose of these funds is to ensure the proper maintenance, management, and administration of Hindu temples, shrines, and religious endowments that came under the purview of the respective Devaswom Boards following the reorganisation of States.

Administrative and Legal Framework

The administration of Devaswom institutions in Kerala and Tamil Nadu is governed by separate State legislations enacted in accordance with constitutional provisions and judicial directions. The Travancore and Cochin Devaswom Boards in Kerala, and the Hindu Religious and Charitable Endowments (HR&CE) Department in Tamil Nadu, manage the funds received under Article 290A.
These boards and departments are responsible for:

• Overseeing the management of temple properties.
• Conducting religious rituals and festivals.
• Maintaining temple infrastructure and staff.
• Ensuring financial accountability and proper utilisation of the funds.

Article 290A thereby ensures that these Devaswom Boards continue to receive regular financial assistance to perform their statutory duties effectively.

Constitutional and Legislative Significance

Article 290A serves several constitutional and administrative purposes:

• It preserves continuity in the financial arrangements made by the pre-Constitution princely States for temple maintenance.
• It establishes a constitutional obligation for the States of Kerala and Tamil Nadu to support religious institutions historically associated with them.
• It maintains the balance between secular governance and the protection of cultural and religious heritage.
• It forms part of the larger framework of fiscal relations under Part XII of the Constitution, ensuring proper allocation of funds for specific purposes.

Although Article 290A is a financial provision, its underlying purpose is cultural preservation, not religious promotion. It reflects the constitutional philosophy that India’s secularism allows the State to protect and preserve the country’s religious and cultural institutions without favouring any particular faith.

Judicial Interpretation

There have been no major Supreme Court rulings directly interpreting Article 290A. However, the courts have, in various cases, addressed the constitutional status of Devaswom Boards and the extent of State involvement in religious endowments. The judiciary has consistently held that State supervision of temple administration does not violate the secular character of the Constitution, provided it is done to ensure proper management, transparency, and public accountability.
In decisions concerning temple management, the courts have also reaffirmed that Article 290A’s financial provisions are statutory obligations that must be fulfilled to maintain religious institutions effectively.

Related Constitutional Provisions

Article 290A operates in harmony with other constitutional provisions that govern religious and financial matters:

• Article 26: Guarantees the freedom of religious denominations to manage their own affairs in matters of religion.
• Article 290: Provides for financial adjustments between the Union and the States.
• Article 282: Allows the Union and States to make grants for public purposes, including religious or charitable activities, under certain conditions.

Together, these provisions ensure that the State’s role in supporting religious institutions remains consistent with the constitutional framework of secularism and cultural preservation.

Significance and Implications

Article 290A holds enduring significance for several reasons:

• It ensures that Hindu temples and shrines in Kerala and Tamil Nadu continue to receive institutional financial support for their maintenance and functioning.
• It upholds the historical commitments made by the former princely States, thereby preserving cultural continuity.
• It provides a constitutional foundation for State funding of religious institutions, which has been a key element of governance in these regions.
• It maintains public trust in the management of temples and religious properties by guaranteeing consistent funding.

Contemporary Relevance

In modern discussions on secularism and State involvement in religious affairs, Article 290A often features prominently. While India is a secular nation, the Constitution permits State financial assistance for maintaining religious and charitable institutions that serve a cultural or historical purpose.
The article thus represents a pragmatic balance between secular principles and cultural responsibilities. It affirms that secularism in India means equal respect and support for all faiths, not the exclusion of religion from public life.

Practical Aspects

In practical terms, Article 290A ensures that:

• The annual sums specified are automatically allocated from the respective State Consolidated Funds.
• The Travancore and Cochin Devaswom Boards in Kerala and the HR&CE Department in Tamil Nadu continue to receive these funds regularly.
• The State governments are constitutionally bound to include these payments in their budgetary allocations.
• The funds are used for maintaining temples, paying staff, preserving heritage structures, and performing religious functions.