SC orders status quo in Malankara church dispute

The Supreme Court on Tuesday ordered that the status quo be maintained in the long-standing dispute between the Malankara Orthodox and Jacobite factions over the administration of churches in Kerala.

Emphasising the need to avoid further tensions, a bench of justices Surya Kant and Ujjal Bhuyan directed that existing management and administrative arrangements be maintained until the next hearing, scheduled for January 29 and 30, 2025. The court clarified that the Kerala governemnt may intervene in case of any untoward incidents.

“The private parties are directed to maintain the status quo in respect to the management and administrative control as it exists now. The State can intervene as and when required,” the bench stated in its interim order.

The order comes amid renewed tensions following the Supreme Court’s directive on December 3, which ordered the Jacobite faction to hand over control of six disputed churches to the Orthodox faction.

On Tuesday, senior advocate Chander Uday Singh, representing the Malankara Orthodox Church, urged the court to ensure compliance with the earlier order. Singh argued that the Jacobite group failed to adhere to the December 3 directive and thus should not be heard further.

The bench, however, observed that both factions had encountered difficulties in complying with the directive. “We do not want any untoward incidents,” remarked the court, underlining the importance of administrative cooperation between the parties.

The court also refrained from providing any clarification on whether the status quo order applied specifically to the six disputed churches, despite a request from senior advocate Krishnan Venugopal representing the Orthodox faction.

Simultaneously, the bench directed the Kerala government to provide comprehensive data on the population of both church denominations, preferably broken down by sub-regions or gram panchayats. The court further sought a list of churches currently under the complete control of each faction, as well as those where control remains disputed, along with details of their existing administrative status.

The bench also asked the state of Kerala, represented by senior advocate Kapil Sibal, to facilitate reconciliation between the two factions to reduce animosity.

The dispute between the Orthodox and Jacobite factions of the Malankara Church dates back over a century, with repeated legal battles over the ownership and administration of over 1,000 churches in Kerala. The two factions initially split in 1912 and, after a brief reconciliation in 1959, parted ways again in 1972.

The Supreme Court’s 2017 judgment in the LS Verghese case upheld the validity of the 1934 constitution of the Malankara Orthodox Syrian Church, declaring it binding on all Malankara churches. The judgment tilted the legal balance in favour of the Orthodox faction. However, resistance from the Jacobite group and delays in enforcement led to multiple petitions before courts.

On December 3, the Supreme Court criticised the Jacobite faction for failing to comply with earlier orders and directed them to hand over six churches -- three each in Ernakulam and Palakkad districts -- to the Orthodox group. It clarified that while the administration of these churches should be transferred, community facilities such as burial grounds and schools must remain accessible to all members, irrespective of allegiance.

During Tuesday’s hearing, Singh emphasised the Jacobite faction’s non-compliance with the December 3 directive and argued that the court should not entertain their submissions until the order is fully implemented. Responding, senior advocate Shyam Divan, appearing for the Jacobite Church, highlighted practical difficulties in compliance and referred to an affidavit filed by the Orthodox Church’s supreme head. The affidavit detailed concerns over allowing Jacobite members to access burial grounds within church premises, citing the 2017 Supreme Court judgment.

While the bench suggested that allowing Jacobite members to conduct burial ceremonies with their own priests could resolve the issue, Venugopal, representing the Orthodox Church, firmly opposed the suggestion, contending that no rituals could be performed within church premises by priests who had not sworn allegiance to the 1934 constitution. Venugopal also raised concerns about Kerala’s 2020 law on burial grounds, which the Orthodox faction claims violates the 2017 judgment. He reiterated that the Orthodox Church would permit burials for Jacobite members only if funeral services were conducted outside the church premises, as per the existing arrangement since 2020.

The ongoing dispute highlights the deep divide between Kerala’s two prominent Syrian Christian factions. While the Supreme Court’s 2017 judgment brought legal clarity, its enforcement has been marred by resistance, political hesitance and recurring clashes between the two factions.