Beruflich Dokumente
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 354 OF 2006
ADI SAIVA SIVACHARIYARGAL
NALA SANGAM & ORS.
...PETITIONER (S)
VERSUS
THE GOVERNMENT OF TAMIL
NADU & ANR.
...RESPONDENT (S)
WITH
W.P. (C) No. 355 of 2006
W.P. (C) No.383 of 2006
AND
W.P. (C) No. 384 of 2006
JUDGMENT
RANJAN GOGOI, J.
1.
Page1
Article 13, in
clear and unequivocal terms, lays down that all laws including
pre-constitution laws which are inconsistent with or in
derogation of the fundamental rights guaranteed by Part III are
void. Sub-Article (3) brings within the fold of laws, all Rules,
Regulations, Notification, custom and usage having the force
of law. While the several provisions of Part III would hardly
need to be re-emphasized, specific notice must be had of, in
the context of the present case, the provisions contained in
Articles 25 and 26 of the Constitution. While Article 25 makes
the freedom of conscience and the right to profess, practice
Page2
Page3
In order to
Page4
The
Constitution
Bench
after
an
elaborate
(1972) 2 SCC 11
Page5
5.
An
Page6
6.
Page7
Preliminary
Objections
have
been
raised
to
the
Page8
Firstly, it is difficult to
Page9
Page10
Page11
Page12
Vaishnava
pancharatna
or
denominations.
satisfying
the
eligibility
vaikhanasa
can
be
under
referred
the
to
as
14. On the other hand, Shri P.P. Rao and Shri Colin
Gonsalves,
respondents
learned
Senior
Counsels
have
contended
that
appearing
the
decision
for
the
of
the
It is
Page13
flexible,
the
exclusive
right
of
particular
group
to
Page14
the
action
Constitution.
which
is
Violation
prohibited
and
by
Article
consequently
17
of
the
commission
of
offences under the Protection of Civil Rights Act, 1955 has also
been urged.
Page15
16. The issues arising and the arguments made centre around
the true meaning, purport and effect of the Constitution Bench
judgment in Seshammal (supra) and in the above context the
effect of the decision of the numerically smaller Bench in N.
Adithayan (supra).
Page16
Page17
Page18
that
admits
the
above
position
situation
where
the
Page19
highlighted
before
the
Constitution
Bench
was
transgressing
the
rights
granted
to
religious
Page20
Page21
the
usage
governing
the
temple.
Para
22
of
the
Page22
Page23
questioned
by
the
respondents
who
argue
that
Page24
After
Page25
Page26
Yagnapurushadji
and
Others
Vs.
Muldas
Page27
Page28
.. ..
The Hindu thinkers reckoned with the striking
fact that the men and women dwelling in India
belonged to different communities, worshipped
different gods, and practiced different rites
(Kurma Purana).(Ibid p.12.)
.. ..
It presents for our investigation a complex
congeries of creeds and doctrines which in its
gradual accumulation may be compared to the
gathering together of the mighty volume of the
Ganges, swollen by a continual influx of
tributary rivers and rivulets, spreading itself
over an ever-increasing area of country and
finally resolving itself into an intricate Delta of
tortuous steams and jungly marshes ........ The
Hindu religion is a reflection of the composite
character of the Hindus, who are not one people
but many. It is based on the idea of universal
receptivity. It has ever aimed at accommodating
itself to circumstances, and has carried on the
process of adaptation through more than three
thousand years. It has first borne with and
then, so to speak, swallowed, digested, and
assimilated something from all creeds."
("Religious Thought & Life in India" by Monier
Williams, P. 57.)
The history of Indian thought emphatically
brings out the fact that the development of
Hindu religion has always been inspired by an
endless quest of the mind for truth based on the
consciousness that truth has many facets.
Truth is one, but wise men describe if
differently. The Indian mind has, consistently
through the ages, been exercised over the
problem of the nature of godhead the problem
Page29
Page30
Page31
Page32
Page33
God
without
squabbles
about
their
relative
Page34
Ecclesiastical
jurisdiction,
revolves
around
the
Page35
In
Page36
down
indicating
consistency
with
the
principle
Page37
Page38
Page39
Page40
Page41
view
in
the
majority
judgment
rendered
in
Page42
Commissioner
of
Police
and
Others
Vs.
Acharya
Page43
Page44
Any
Without such a
Page45
Assembly,
according
to
us,
protects
the
to
appointment
in
offices
connected
with
Page46
Page47
Constitution
Bench
in
Seshammal
(supra).
Such
Page48
Shaivite
Vaishnavas
in
as
Archakas
Vaishanvite
in
Temples
Shiva
is
temples
too
and
nave
an
Page49
belonging
to
sect/group/denomination,
particular
failing
which,
and
there
distinct
will
be
The
constitutional
legitimacy,
naturally,
must
Page50
In
Page51
Page52
would
not
violate
Article
14
so
long
such
Page53
the
contours of the present case and the issues arising being what
has been discussed.
44. Consequently and in the light of the aforesaid discussion,
we dispose of all the writ petitions in terms of our findings,
observations and directions above reiterating that as held in
Seshammal (supra) appointments of Archakas will have to be
made in accordance with the Agamas, subject to their due
identification
as
well
as
their
conformity
with
the
..........J.
[RANJAN GOGOI]
..........J.
[N.V. RAMANA]
NEW DELHI,
DECEMBER 16, 2015.
Page54