PUNJAB RAO v. D. P. MESHRAM & OTIIERS
Citation: [1965] 1 S.C.R. 849; 1964 INSC 228
Court: Supreme Court of India
Bench: P.B. GAJENDRAGADKAR , K.N. WANCHOO, M. HIDAYATULLAH, RAGHUBAR DAYAL, J.R. MUDHOLKAR
Judgment date:
Case summary
1964 INSC 228. Supreme Court of India judgment dated 1964-10-26. PUNJAB RAO v. D. P. MESHRAM & OTIIERS. Read the judgment and case details on LawSphereX.
Judgment text
PUNJAB RAO v. D. P. MESHRAM & OTIIERS October 26, 1964 (P. B. GAJENDRAGADKAR, C. J. , K. N. WANCHOO, M. HIDAYATULLAH, RAGHUBAR DAYAL AND 1. R. MUDHOLKAR JJ. ) Constitution (Scheduled Castes) Order, 1950 Para 3-"Profess", meaning of-Hindu-If includes Buddhist. The appellant challenged the election of the ! st respondent to the Legislative Assembly on the ground that the latter had embraced Buddhism and had ceased to be a member of a Scheduled caste within the meaning of the Constitution (Scheduled Castes) Order, 1950, and was thus disentitled from being a candidate for the particular seat. The Election Tribunal upheld the contention and set aside the election. On appeal, the High Court held that the conversion of the ! st respondent to Buddhism had not been established by evidence and upheld his election. On appeal to the Supreme Court, HELD : (i) The word "profess" in the Order means "to declare one's belief in".
A declaration of one's belief must necessarily menn a declaration in such a way that it would be known to those whom it rnny interest. Therefore, if a public declaration is made by a person that he has ceased to belong to his old religion and has accepted another religion he v. ·ill be taken as professing the other religion. It is unnecessary to enquire further as to whether the conversion to another religion was efficacious. f859 A-D] (ii) No doubt the definition of "Hindu" contained in the Explanation to Article 25 is expanded but that is only for the purposes of sub-cl. (2) of cl. (2) of that Article and for no other. The mention of Sikh religion in Para 3 of the Order clearly shows that the word "Hindu" in the order is used in the narrower sense of orthodox Hindu religion which recognises castes and contains injunctions based on caste distinctions. It is not comprehensive enough to include Buddhism. [859 H; 860 B-Cl Karwade v. Shambhakar, I. LR. 1959 Born. 229 over-ruled.
CML APPELLA1"E JURISDICTION: Civil Appeal No. 562 of 1964. Appeal by special leave from the judgment and order dated February 7, 8, 1963, of the Bombay High Court (Nagpur Bench) at Nagpur in Appeal No. 115 of 1962. M. C. Seta/vad, N. L. Belekar, H. D. Awade and A. G. Rat-naparkhi, for the appellant. N. C. Chatterjee, V. S. Sawhney, S. S. Khanduja, S. K. Man· chanda and Ganpat Rai, for respondent No. 1. The Judgment of the Court was delivered by A Mudholkar J. The question which arises for consideration in this appeal by special leave from the judgment of the Bombay High Court is whether respondent No. I Dr. D. P. Meshram was entitled to be a candidate for election to the Maharashtra Legislative Assembly from constituency No. 190 of Nagpur Ill, a con- B stituency reserved for candidates from scheduled castes. The appellant and respondents I to 4 were candidates duly nominated for election to the Assembly from the aforesaid constituency.
The poll was taken on February 27, 1962 and respondent No. I who had polled the highest number of votes was C declared elected. The appellant thereupon preferred an election petition before the Election Commission, the main allegations in which were (a) that respondent No. I having embraced Buddhism on March 17, 1957 had ceased to be a member of a Scheduled Caste within the mooning of the Constitution (Scheduled Castes) Order, 1950 and was thus disentitled from being a candi- D date for the particular seat and (b) that respondent No. I was guilty of several corrupt practices. The Tribunal held that the corrupt practices alleged against respondent No. 1 were not estal>-lished. It, however, came to the conclusion that respondent No. I had embraced Buddhism as alleged by the appellant and was, I: therefore, not eligible for being a candidate for election from the reserved constituency. Upon this ground the Tribunal set aside the election of respondent No. I.
It may be mentioned that the appellant had made a further prayer to the effect that he should be declared elected to the seat; out this prayer was not granted by the Tribunal on the ground that he was not the only other F candidate for election and, therefore, it cannot be said how the votes which respondent No. 1 had secured would have been distri· buted among the remaining candidates. Aggrieved by the decision of the Tribunal respondent No. I preferred an appeal before the High Court of Bombay. The only question which was urged before the High Court was regarding the alleged conversion of G respondent No. I to Buddhism. On ! hat question the High Court reversed the finding of the Tribunal and held that the fact had not been established by evidence. The High Court, therefore, upheld the election of respondent No. 1. H In support of his contention that respondent No. I was converted to Buddhism on March 17, 1957 the appellant had adduced evidence of P. W. 9 Ramrattan Janorkar, P. W.
2 Akant PUNJAB RAO V. D. P. MESHRAM (Mudholkar !. ) 851 A Mate, P. W. 5 Devaji Bhagat and P. W. 10 Wasudeo Dongre. Ramrattan who claims to be a Buddha has said that he presided over a meeting held at Lashkari Bagh, Nagpur, two or three days after the Holi festival of the year 1957 at which a mass conversion of persons belonging to Scheduled Castes to Buddhism took place. He named ten persons who, according to him, had been 8 converted at that meeting, one of them being respondent No. I. Amongst others named by him were P. W. 2 Akant Mate, P. W. 5 Devaji Bhagat and P. W. 10 Wasudeo Dongr'? · These three persons have corroborated the evidence of Rarnrattan. We have been taken through the evidence of these witnesses and though there c may be some contradictions on minor points on the whole their evidence is consistent and has a ring of truth in it. Moreover, the Tribtmal which heard and saw the witnesses depose has believed in their veracity.
The High Court has, however, not chosen to accept their evidence mainly on the ground that these witnesses belong to a party which is opposed to respondent No. 1 and his D party. Jt is not disputed before us that these witnesses as well as respondent No. 1 were members of the Republican Party of India founded by the late Dr. Ambedkar and that some time after his death there was rift in the party as a result of which two groups . were formed. The leader of one of these groups in Haridas Awade E and that of the other is Khobargade. Respondent No. 1 belongs to the group headed by Khobargade while the appellant and the witnesses belong to the other group. We agree with the High Court that we should not lose sight of this fact. In our opinion, however, there are good grounds for accepting the evidence. F In the first place there is the fact, which is admitted by respondent No. 1 himself, that a mass conversion of a very large number of persons belonging to the Scheduled Castes t? Bud?
J1-ism took place at Nagpur on October 14, 1956 at a meetmg which was presided over by Dr. Ambedkar. What took place at that G meeting is set out in Ex. 66 which gives an account, of the proceedings. It says that about 5 lakhs of persons attended the meeting. At that meeting Dr. Ambedkar was present along with Rev. Mahesthavir Chandramani who is a Bhikku. The Bhikku made Dr. Ambedkar and Mrs. Ambedkar recite the three refuges (Thrisathi) and five precepts in Pali, af~er which both H of them garlanded the idol of Lord Buddha which had been installed i;i the panda! where Dr. and Mrs. Ambedkar, the Bhikku and other prominent people were sitting. Dr. and Mrs. Ambed- L2Sup/6>-11 [1965] I S. C. R. kar then took 22 vows which apparently he had himself prepared. A Thereafter the mass ordination took place at which those who wished to be converted recited the three refuges three times.
This event had attracted attention throughout the country and was given wide publicity by the press which was well represented at the meeting. Respondent No. 1 has admitted that he was a member B of Dr. Ambedkar's party at that time and though he could not attend the conversion ceremony he had not dissociated himself from it. According to him the reason why he did not attend the ceremony was that he was then busy with making arrangements at the water works for the supply of water to the lakhs of people, most of whom had come from the neighbouring villages to attend c the ceremony. It is in the evidence of witnesses that at least thrne lakhs of persons belonging to the Scheduled Castes were converted to Buddhism at that meeting and that the work of conversion went on even after October 14, 1956 for quite some time.
Another factor to be borne in mind is that prominent persons belonging to the Scheduled Castes were converted to Buddhism and it would be D highly improbable that respondent No. 1 who was a prominent member of the Scheduled Castes in Nagpur and a follower of Dr. Ambedkar would have remained aloof from the movement started by Dr. Ambedkar. The main object of Dr. Ambedkar was to secure for the members of the Scheduled Castes an honourable E place in society and he felt that the various disabilities placed upon members of these castes were due to the fact that in Hindu. religion to which they belonged, they had been accorded the lowest rank in society with the result that they had come to be regarded as untouchables. Undoubtedly, the caste system has virtually come to be regarded as an essential feature of Hindu society and, F therefore. Dr. Ambedkar felt that the only way open to members belonging to the lowest group was to sever their connection com· plctcly from such a society.
He found that Buddhism, the way or nath of peace, not only, offered solace to the spirit but also social equality to all its members. Dr. Ambedkar was the un· questioned leader of the Scheduled Castes, at any rate in Maha- G rashtra. It would, therefore, not be unreasonable to infer that those who had accepted his leadership and those who in addition held prominent places amongst people belonging to the Scheduled Castes ~hould follow Dr. Ambedkar and renouncing Hinduism embrace like him. Buddhism. If this probability is borne in mind the evidence of the witnesses who have deposed to the fact of the H actual conversion of respondent No. I to Buddhism would become more easily acceptable. PUNJAB RAO v. D. P. MESHRAM (Mudholkar J. ) 853 A That, however, is not all. Corroboration of this evidence was sought lo be supplied by the appellant from the conduct of respondent No. 1 subsequent to his conversion. For this purpose he has relied upon three.
matters: One is the signing of a declaration by respondent No. 1 along with some other persons to the effect that he had embraced Buddhism and that he, therefore, ceased to 8 be any longer a member of the Scheduled Castes; the second is a wedding invitation subscribed to, amongst others, by respon· dent No. 1 on which the picture of Lord Buddha is inscribed: and the third is the conversion of a Shiva temple situate near the appellant's house to a Buddha temple. C The declaration is Ex. 42 and is dated July 5, 1957. It is to the following effect: "To whomsoever it may concern :- We, the following signatories, do hereby affirm that we embraced Buddha religion on 17-3-1957 and no D longer since remain Harijans. " Then follow the names of ten persons, including P . W. 2 Akant Mate, P. W. 5 Devaji Bhagat and P. W. 10 Dongre. Each of them has signed therein against his name.
The reason why this declaration came into existence is, -according to the appellant, the E following : Elections had taken place to the Nagpur Corporation and a meeting was held on July 5, 1957 for selection of six additional members. One of the Corporators, Mr. Udhoji, raised a point of order to the effect that no member of the Scheduled C1stes F having been elected to the Corporation a person belonging to the Scheduled Castes was required to be selected under the provisions of the Nagpur Municipal Corporation Act. Respondent No. 1 was one of the persons who had already been elected to the Corporation and was present at the meeting. He, however, did not contest the statement of Mr. Udhoji to the effect that no person G belonging to the Scheduled Castes had been elected. Apparently, the point of order was disallowed and selection of six members, none of whom belonged to the Scheduled Castes, took place.
Immediately thereafter the declaration referred to above was signed by ten persons, including respondent No. 1, who had all been elected as members of the Municipal Corporntion at the H Corporation election. This was filed alon~ with the writ petition presented before the High Court in which the selection made at the meeting of July 5, was sought to be quashed on the ground l ' 854 SUPREME COURT RF. PORTS [ 1965] I S. C. R. that no person belonging to a Scheduled Caste had been selected. A. Respondent Nn. I admits that he did si~n this declaration but in his written statement the reason given by him is that he did w under political pressure. In his evidence, however, he has given a different explanation. This is what he has said : "Akant Mate came there with some writing and told B -us that it was the directive of the Scheduled Castes Federation that members elected on its tickets should sign it. . . . . . . . .
I do not know how he got that directive from the Federation, and from whom he got it. The writing was in English and I signed upon it. Akant c Mare told me that I should sign on the document, he would go and get signatures of other Corporators and give it in the Corporation oflice. I could not myself r. :ad the English typewritten material. Akan! Mate told me tnat the President of the meeting gave the ruling in D the information by the Commi Dr. Ambedkar, his wife and others at the mass meeting on October 14. 1956 and it is not suggested that what they did was inadequate and so they cannot be deemed to have embraced I. Buddhism from that date. It is, therefore, futile to say that others who went through the same procedure had not become Buddhists merely because no Bhikku had officiated at the function. What cl.
(3) of the Constitution (Scheduled Castes) Order, 1950 contemplates is that for a person to be treated as one belonging to a Scheduled Caste within the meaning of that Order he must be one who professes either Hindu or Sikh religion. The High Court, following its earlier decision in Karwade v. Shambhakar(') has said that the meaning of the phrase "professes a religion" in the aforementioned provision is "to enter publicly into a religious state" and that for this purpose a mere declaration by person that he has ceased to belong to a particular religion and embraced another religion would not be sufficient. The meanings of the word "profess" have been given thus in Webster's New Word Dictionary : "to avow publicly; to make an open declaration of; ...... to declare one's belief in : as, to profess (I) l. L. R. 1959 Bom. 229. PUNJAB RAO v. D. P. MESHRAM (Mud'holkar J. ) 859 Christ.. To ru:cept into a religious ordet.
" The meanings given in the Shorter Oxford Dictionary are more or less the same. It seems to us that the meaning "to declare one's belief in : as to profess Christ" is one which we have to bear in mind while con-struing the aforesaid order becalJlse it is this which bears upon religious belief and consequently also upon a change in religious 8 belief. It would thus follow that a declaration of one's belief must necessarily mean a declaration in' such a way that it would be known to those whom it may interest. Therefore, if a public declaration is made by a person that he has ceased to belong to his old religion and has accepted another religion he will be taken as professing the other religion. In the face of such an open declaration it would be idle to enquire further as to whether the conversion to another religion was efficacious.
The word "profess" in the Presidential Order appears to have been used in the sense of an open declaration or practice by a person of the Hindu (or the Sikh) religion. Where, therefore, a person says, on the contrary, that he has ceased to be a Hindu he cannot derive any benefit from that Order. Finally it is argued that the word Hindu is comprehensive enough to include a Buddhist and in this corinecticm our attention is invited to Explanation II to cl. (2) of Art. 25 of the Constitution. Clause ( 1) of- Art. 25 recognises, amongst other things, freedom to practise and propagate religion. Sub-clause (b) of cl. (2) runs thus : "Nothing in this article shall affect the operation of any existing law or p! _event the State from making any law- .. (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
" Explanation II reads thus : "In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, J aina or Buddhist religion, . and the reference to Hindu religious institutions shall be construed accordingly. " The definition of Hindu is expanded for the special purposes of sub-cl. (b) of cl. (2) of Art. 25 and for no other. Paragraph 3 of the Constitution (Scheduled Castes) Order reads thus : - "Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu or the Sikh religion shall he deemed to be a member of a Scheduled Caste. " If it was intended that the word "Hindu" used in this paragraph should have a wide meaning similar to that in Explanation II just quoted there would have been no necc. 1 to· make a mention of the Sikh religion. From the fact that a special mention is made of the Sikh religion it would follow that the word "Hinc.
lu" is used in the narrower sense of the orthodox Hindu religion which recognises castes and contains injunctions ba;cc. l on caste distinctions. For the foregoing reasons we are satisfied that responder. I No. I had ceased to be a Hindu at th~ date of his nomination and that consequently he was ineligible to be a candidate for election from a constituency reserved for members of Scheduled Castes. In the circumstances the Tribunal was right in setting aside his election. Accordingly we allow the appe~l. set aside the judgment of the High Court and restore that of the Tribunal. Costs throughout will be borne by respondent No. !. Appeal allowed.
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