Malankara Orthodox-Jacobite Church Dispute|| "State Can Intervene As Necessary": SC Orders 'Status Quo' On Management Control

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Today, On 17th December, The Supreme Court directed both factions involved in the Malankara Orthodox-Jacobite Church dispute to maintain the status quo concerning management and administrative control of the churches. The court emphasized that the state government can intervene where necessary to ensure peace and proper administration. The ruling comes amid ongoing disagreements over control of church properties and assets. The court has also sought detailed data on the population and assets of both denominations to address the matter comprehensively.

New Delhi: The Supreme Court adjourned the proceedings on the dispute between the Malankara Orthodox and Jacobite Churches.

The bench, consisting of Justices Surya Kant and Ujjal Bhuyan, heard the matter today and scheduled a detailed hearing for January 29 and 30, 2025

The Court directed that the current status of management and administration of the churches be preserved until the next hearing. It also stated that the State can intervene in case of any untoward incidents.

Additionally, the Court instructed the State of Kerala to provide data on the population of both the Orthodox and Jacobite denominations, preferably broken down by sub-region or gram panchayat. The State is also required to submit a list of churches fully under the administrative control of each denomination, as well as those where management is disputed and their current administrative status.

The bench also allowed both parties to submit their respective parish registers.

The Court stated,

“The private parties are directed to maintain the status quo regarding management and administrative control as it currently exists. The state can intervene as necessary.”

When Senior Advocate Chander Uday Singh, representing the Malankara sect, requested the Court to continue the December 3 order which instructed the Jacobite sect to transfer the administration of six churches to the Malankara sect Justice Kant remarked,

“Both parties have directly or indirectly indicated difficulties in complying with the order.”

The Malankara Church dispute is a longstanding conflict between two factions of the Syrian Christian community in Kerala, the Malankara Orthodox Syrian Church and the Jacobite Syrian Christian Church. This dispute has its origins in the early 20th century, stemming from disagreements over ecclesiastical authority and church governance.

The Malankara Orthodox Church raised objections to Jacobite members conducting their funeral rituals on church premises, although it has permitted them to use cemeteries for burials provided the ceremonies occur elsewhere.

In response, the Jacobite Church cited a Kerala law enacted in 2020 that allows for burials. While the Supreme Court has yet to resolve this dispute, it acknowledged that the current arrangements are temporary until a final ruling is made.

To facilitate this, the district collectors of Ernakulam and Palakkad have been instructed to take control of the churches. This action followed a contempt petition filed by two vicars from the Orthodox faction.

The court also criticized the Jacobite faction for interfering with and disobeying previous orders from 2022, which permitted members of the Malankara Orthodox Church to access the churches and conduct their worship services peacefully.

The Malankara Church, which dates back to the 17th century, was originally a unified body within the Syrian Christian tradition. However, tensions began to escalate regarding loyalty to the Patriarch of Antioch (associated with the Jacobite faction) versus the autonomy of the Malankara Metropolitan (associated with the Orthodox faction), leading to a significant division.

Since then, the factions have engaged in extensive litigation over the ownership and administration of churches, properties, and parishes. Numerous court cases have been initiated since the early 1900s in an attempt to resolve these disputes.

The conflict reached a critical juncture with a 1995 Supreme Court ruling, which upheld the 1934 Constitution of the Malankara Church, granting administrative authority to the Orthodox faction. In 2017, the Court reaffirmed this position, ruling in favor of the Malankara Orthodox Syrian Church and granting it control over 1,100 parishes and churches.

Overall, the Malankara Orthodox-Jacobite dispute stands as one of the most significant and enduring religious conflicts in India, deeply rooted in historical disagreements, ecclesiastical authority, and differing legal interpretations.