S.P. MITTAL ETC. ETC. v. UNION OF INDIA AND OTHERS

Citation: [1983] 1 S.C.R. 729

Court: Supreme Court of India

Bench: Y.V. CHANDRACHUD, P.N. BHAGWATI, O. CHINNAPPA REDDY, V. BALAKRISHNA ERADI, R.B. MISRA

Judgment text

S. P. MITTAL ETC. ETC. v. UNION. OF INDIA AND OTHERS . November 8, 1982 . (Y. V. CHANDRACHUD, C. J. ,. p N. BHAGWATI, 0. CHINNAPPA REDDY, ii. V. BALAKRISHNA ERADI AND R. B. MISRA, JJ;) Right to freedom of religion and to manage religious affairs-Constitution ofIndia, 1950 Articles 25 and 26-Shri Aurobindo's rtachings cannot ht said to be ofa religious nature-Aurobindo Society and the Auroville township do not fall within the meaning ofreligious denomination so as to be violative of Articles 25 and 26 of the Constitution. >, . . Words & Phrases-'Religion' and 'Religious denomination' explained. ( Aurovill• (Emergeucy Provisions) Act, 1980 (Act L1X of1980) p,. ambl11- Par/iamentary competency to enact the Act--. Wh~ther inconsistent and in conflict with the provisions ofthe West.

Belfga/ Societies Registration Act, 1961 (Act XXVI of1961) Sections 22 & 23 containing in built self-contained proviSions for dealing with the management ofthe rtgistered societies-Constitution ofIndia 1950 Article 245, Schedule Vil, List I Entry 32-Functions of the Lists, Explained. Auroville (Emergency Provisions) Act. 1980 providing for taking over the management only of Aurovi/le toWnship and its activities for a limitid period is not violative either of Article 14, Articles 25 and 26 or Articles 29 and 30 ofthtt ConstiJution . . Sri Aurobindo, one of the Indian sages and philosphers, after a brilliant academic and administrative career engaged himself for sometime in political aciivities and revolutionary literary efforts, but later on gave them uo to concentrate himself with the life of medition and integral yoga at Pondicberry, in Tamil Nadu. Madam M. Alfassa a French Lady, wb~ came to be known as the Mother became a disciple of Sri Aurobindo. Very· soon more and ~o. re .

· dis~iples came to join him from various parts of India·- and abr~ad and tlius the Aurobindo Ashram came into being. The. disciples and devoted followersof Sri Aurobindo and the Mothe"r, with a view to propagate and practise the ideals and beliCfs of Sri Aurobindo formed a Society called Sri Aurobindo Society in the year 1960, ~hich at all material times w·as 'and is still a society duly registered under the provisions of tb. e West Bea~al Societies Re~istratioq 730 SUPRBMB COURT REPORTS [! 983] I S. C. R. Act, 1961. This Society is completely distinct from Aurobindo Ashram in Pondicberry. The Society was established and registered for the purpose of carrying out in and out side India the several objects stated· in the memoran laced on.

a different footing from the right to manage its :own affairs in matters of religion, the Court said: "The latter is a Fundamental Right whicli no legislaturecan take away, whereas, the fJrmer can be regulated by laws which the legislature can validly impose. It is clear, therefore, that questions merely relating to administration ·or properties belo'nging to a religious group or ff institution are not matters of religioq \q w. hi~h ~lause (b) o( the Article applies. " ' 746 ~tJPREMil COURT REPORTS (1983] I S. C. P. Mukberjea, J. , then proceeded to consider what ·were matters of religion "? H. e noticed that 'religfon' was a term which was hardly susceptible of any rigid definition. He rejected the definition given in Davis v. Benson as neither precise nor adequate and went on to say, "Religion is certainly a matter of faith with individuals or communities and it is not necessarily theistic. There are well known religions in India like Buddhism .

and Jainism which do not believe in God or in any Intelligent First Cause. A 'religion undoubtedly ha' its basis. in a system of beliefs or doctrines which are regarded by those who profess that religion as COl)ducive to their spiritual well being, but it would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its followers to accept, it ·might prescribe rituals and observances, ceremonies and modes of worship . which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress:" Mukherjea, J. , accepted the following observations of Latham, CJ in Vide Adelaide Company . v. The Commonwealth('), as fully applicable to the protection of religion as guaranteed by the Indian Constitution-: · ' "It is sometimes suggested in discussions on the subject of freedom of religion that, though the civil Govern· . , men!

should not interfere with religious opinions,. it nevertheless may deal as it pleases with any acts which are done in pursuance of religious belief without infringing the principle of freedom of religion. It appears to me to be difficult to mainta\n this distinction as relevant to the interpretation of section 116. The section refers in express terms to the exercise of religion, and, therefore, it is intended to protect from the operation of any Commonwealth laws acts which are done in the exercise of religion. Thus the section goes far beyond protecting' liberty of opinion. It protects also acts done in purs. uance of religious belief as part of religion. " , (I) 67 CLR 116, 127. S. P. MITTAL v. UNION (Chinnappa Reddy, J. ) 747 Mukherjea, J. , thereafter, pointed out that freedom of religion under the India~ Constitution also- was not confined to' religious beliefs only, it extended to religious practices as well subject to the restric·..

tions which the Constitution itself had laid down. Under Art. 26(b) he said, a religious denomiobtion or organisation enjoyed complete autonomy in the matter of deciding as to what rites and cere, monies were. essential according· to the tenets of their religion they held and no _ouiside authority had any jurisdiction to interfere with their decision in such matters. But, he said, the scale of expenses to be incurred. in connection with the religious observances would be a matter of administration of property belonging to the religious . denomination and to be ~ontrolled by secular authorities in accordance with any law laid down_ by a compet_ent legislature. He added, "It should be noticed, however, that under Art.

26 (d), it is the Fundamental Right of a religious denomination or its representative to administer its properties in accordance · with the law ; and the law, therefore, must leave the right of administration to the religious denomination itself, subject to such restrictions and regulations as it might choose to impose a law. which takes away the right of administration from the hands of a religious denomination altogether and vests it in any other authority, would amount-to a violation of fhe right guaranteed under cl. D of Art. 26". Mukherjea, J also considered the question whether the followers of Madhwacharya could be considered a _religious denomination and whether Sivalli Brahmins constituted a section of that religious denomination. The meaning of the word denomination »"as- culled out from the Oxford Dictionary where it has been defined to mean "a collection of individuals classed together under the same name. a religious sect .

or body having a common faith and organisation and designated by a distinctive name". Reference was then made to "a galaxy of religious teachers and philosophers who founded/ the different sects and sub-sects of the Hindu religion that we find in India at th~ present day"_. lt was emphatically stated that each one of such se:ts or sub,sects could certainly be called a religious denomination as it was designated by a distinctive name-in many· cases it was the name of the founde,. ::__and had a· common faith·and common spiritual organisation. It was observed," the followers of Ramanuja, who are known by the name of Shri Vaishnobas, un· douhtedly constitute a religious i;! eqo01iq~tion ; and SCI do th~ r 748 SUPRJ)MB COURT REPORTS [1983} J s. c:.. followers of Madhwacharya and oth. er[religious teachers.

It is a fact well-estabiished by tradition that the eight Udipi Maths were founded by Madhwacharya himself and the trustees and the beneficiaries of these Maths profess to be followers of that teacher. The High Court has found that the Math in question is in charge of Sivalli Brahmins who constitute a section of the followers of · Madhwacharya. As Art. 26 contemplates not merely a religious denomination, but also a section thereof, the Math or the spiritual fraternity represented by it can legitimately come within the purview ofthis article. ". · . So, iu the Shi~ur Mutt case, Mukherjea J expressed difficulty in defining the term 'religion' with exactitude, but explained it as something founded upon beliefs or doctrines, regarded by those professing the religion as conductive to their spiritual well-being and attended by oractices and observances viewed by the religious ·community as integral to the religion.

Mukherjea J, however, found less difficulty in defining 'religious denomination· in the same terms as in the Oxford Dictionary. Ratilal Panachand Gandhi v. The Stale of Bombay and 'Ors. (') was decided by five of the Learned Judges who constituted the Bench which decided the Shirur Mutt case. What was said in the Shirur Mutt was reiterated and it was. again emphasised that religion was not merely an opinion, doctrine or belief and that it bad its outward expression in acts as well. The following observations of Davar J, in Jamshedjee v. Sunnaba/(2) were approver\: "If this is the belief of the community, and it is proved undoubtedly to be the belief of the Zoroastrian community, -a secular judge is bound. to aecept that belief-it is not for. him to sit in judgment on that. belief, be is not right to interfere with the conscience of a donor who makes a gift in. favour of what he believes to be tbe advancement of his religio~ and. the welfare of bis community or mankind".

I have stated almost at the outset :bat judges' faith or lack of faith in religion is irrelevant in • deciding what . are matters of religion. - In the Durgah Committee Ajmer v. Syed Hussain Ali & others(') the Court reiterated the position that the freedom guaranteed by Art: 25(1) was not oply the right to entertain such religious beliefs as (I) (I 954] SCR 1055. ° . MiITAL v. uNION (Chinnappa Reddy, J. i 749 my appeal to . his conscience but also afforded him the right to exhibit. his belief in his conduct by such outward acts. as may appear to him proper in order io spread his ideas for the benefit of others. A note of caution was, however, struck and it was said that practices in order to qualify as matters of religion should be regarded . oy the said religion as its essential and integral par!. Otherwise; it. was pointed out, even purely secular practices which were not an essential or an integral part of religion were apt to be clothed. with a religious .

form and stake a claim for treatment as religious practices• . , Mukherjea J's definition of 'religious denomination' in the Shirur Mutt case was also accepted and·the case was permitted to be argued on the broad and general groui;id that the Chishtia Soofies constituted either a religious denomination or a section of a religious denomination. In Tilkayat Shri Govindla/ji Maharaj v: The State of Rajasthan 1 and prs. ( ) the question . was whether the famous Nath Dwara Tempje was a public temple? It was held'that it was a public temple. It was a. ssumed that the followers of Vallabha constituted a religio. us denomination. Jn Raja Virakishore v. State of Orissa('}-one of the arguments sought to be advanced before the Supreme Cour_t was that the wor· shippers of Lord Jagan J':lath constituted a religious denomination · and that the Shri Jagan Nath Temple Act, which took away the right of management from the denomination, contravened the Fundamen- ·tal Right guaranteed by Art.

26(d) of the Constitution. The answer of the State was that the temple did . not pertain to any particular sect, cult or creed of Hindus, but was a public temple above all sects; . cults and creeds and, therefore, it was not the temple of any parti· cular denomination. The Court however, did not permit the worship, pers to raise. the argument as the state cif pleadings were found to be defective. In Sasti Yagnapurushad ji and Ors. v. . Muldas Bhudardas Vaishya and Anr. (') the question ·arose whether the Swa·minarayan sect followed a religion distinct and separate from the Hindu religion and whether, consequently, the temple belonging to the. sei:t was out· side the ambit of Bombay Hindu Places of Public Worships . (Entry (J) [1964] l S. C. R. 561. rd 'Aurobindoism' to describe what Shri Aurobindo taught and practised arid-what he was understood\ by his .

followers to have·taught and practised-was a religion and whether the followers of Shri Aurobindo could be cailed a religious denomination. Sbri Aurobindo was a poet, a savant, a -philosopher and mystic. Was he or was be not a religious teacher ? '752 SUPREME cotJilt REPORTS [i983i I S. C. k. The Encyclopaedia Brittanica (1978 Edition) describes him as "seer, poet and Indian nationalist who originated the philosophy of cosmic salvation through spiritual evolution, a divine existence that will appear through the development of the "agnostic man" to usher in a transcendant spiritual age in which man and the universe are destined to become divine". The Encyclopaedia goes on to say, "he devoted himself for the rest of his life solely to the development,of his unique philosophy. There (at Pondicherry) he founded an ashrama (retreat) as an international culturai centre for spiritual development, attracting students from all over the world.

· The only requirement for entrance was a sincere ·wish to develop spiritually. " "According to Aurobindo's theory of cosmic salvation, the paths to. union with Brahman are two-way stree! s, or channels, Enlightment comes to man from above, while. the spirital mind (supermind) of man strives through yogic il! umination to reach up· ward from below. When these two forces blend in an individual, agnostic man is created. This yogic illumination transcends both reason and intuition and eventually leads to the freeing of the indivi· dual from the bonds of individuality and, by extension all mankind will eventually . achiev~ mukti (liberation)". "Thus, Aurobindo created a dialectic mode of salvation ·,not only for the individual but for all mankind. Energy of sacbidananda C'existence, thought, joy") comes down from Brahman (thesis) to meet energy frnm the supermind of man striving upward toward spirituality (antithesis) and melds in man to create a new spiritual . superman (synthesis)..

From these evolved divine beings, a dMne universe also evolved. " ·' Under the bead 'History of Hinduism'. Encyclopaedia Brittanica again refers to Au~obindo and says : "Another modern teacher whose doctrines have had some influence outside India was Sri Aurobindo, who began his career as a revolutionary. He withdrew from politics, however, and settled in Pondicherry, then a French possession. There he established an ashrama (a retreat) and achieved a high reputation as a sage. His followers looked on him as the first incarnate manifestation of super· Ji . beings whose evolution he prophesied, and apprently he did not discourage this belief. After his death, the leadership of the Aurobindo Ashram was taken over by "the Mother", Mme Mira S. l•. MITTAL. v. UNION (Chinnappa Reddy, J. ) 753 Richard, a F. rench-woman who ~ad ,beet; one of his leading disciples.

" The Encyclopaedia Brittanica refers to Aurobindo again under the head 'Idealism' and says : "Aurobindo, reinterpreting the Indian Idealistic heritage in the light of his own Western education, rejected the maya doctrine of illusion, replacing it with the concept of evolution, ·aguring that the, . "illumination of individuals will lead to the emergence of a divine community", Aurobindo founded the influential Pondicherry Ashram, a religious and philosophical community, and headed it until his death. " The Encyclopaedia of Philosophy (1972 Edition) says, "Shri Aurobindo was an India!! metaphysician and founder of new religious movement with head-quarters at ... Pondicherry-The religious movement associated with him has increased its following in India, and has made some converts in the West. ...... ·.. God muft 'descent' into human experience. , This illumination or-individual . will ·1ead to the emergence of a divinised community.......... ·...

Aurobindo produced a synthesis between ,older Indian religious ideas and the world affirming attitudes. of Christian theism,"· _ The Dictionary of Comparative Religion says of Aurol:>indo : . . "According to Aurobindo, there is a progr~ssive evolution of the divine being through matter to higher spiritual forms, and the Aurobindo movement is l! eld to represent vanguard of this evolutionary process in our own times. Aurobindo practised and taught an 'integral yoga' in which meditative and spiritual exercises are integrated.. ,with physical, cultural'and intellectual pursuits. " Frederic Spiegelberg, in his book 'Living Religions of the World' refers to Shri Aurobindo : · "We pass beyond specific religions to a synthetic vision of the religious impulse itself, a vision ,designed to embrace all previous and future history all previous and future paths. · Sb. ri Aurobindo is a ma! 1 worshipped by hundreds of thousands arid . respected . by '? 54 SiJPl!. aME COURt REMRTS [1983] I S. C. k.

millions............ Jn his retreat at Pondicberry he is less the philosopher of Hinduism than the philosopher of religion in general, the voice of that which comparative religion leaves undisputed. " On the topic Religion, the Gazetteer of India, published by the Govt. of India, has this to say : "Sbri Aurobindo gave new interpretations of the vedas and The Vedanta, and in his Essays on the Gita, he expounded what be called "the integral view of life". His great work, the Life Divine, is a summing up of his philosophy of ··~ "the Descent of the Divine into Matter,:•. The importance of Sri Aurobindo's mission lies in his attempt to explain the true methods of Yoga. " ' It is clear from these extracts that the world and India treated and respected Shri Aurobindo as a religious teacher and the founder of a new religious movement whose principal thesis was the evolution or transformation of humanity into di_vinity through the practice of Integral Yoga.

One may or may not accept Sbri Aurobindo's thesis or teaching, but, without doubt, it was unique ; without do. obi, it was novel ; without doubt, it bad never been so taught before. Shri Aurobindo first conceived the iheory of Ascent and Descent, involution and evolution. He was the first expositor of the Integral Yoga. He expressly professed to depart from the Yoga of the _Gita and dissented from the Maya Vada. Pedestrian minds like ours may not understand the niceties of the metaphysical exercises involved. ~! we' do not desire to enter into any polemics over Shri Aurobindo's teachings as it is not within the judicial province 10 do so except to the limited exteni of finding out whether his teachings have the necessary spiritual content. to qualify as religious doctrine. and how his , followers understood those. teach. ings. So, we refrain from quoting Shri Aurobindo.

But this fact s_tands out prominently that whatever else he was, he truly was a religious teacher and taught and was understood to have taught new religious doctrine and practice. I fail to see why 'Aurobindoism' cannot be classified, if not as a new religion, as a new sect of Hinduism and why the followers of Shri Aurobindo cannot be termed a religious denomination. s. p. MITTAL v. UNION (Chinnappa-Reddy, J. ) 755 Sbri Aurobindo, of course, disclaimed that he was founding a · religion. No great religious teacher ever claimed that he was founding a new religion or a new school of religious thought. The question is not whether Shri Aurobindo refused to claim or denied that be was founding a new religion or. a new school of religious thought but whetherlbis disciples and the community thought so. There is no doubt that they did, not only his disciples and followers, but religious leaders all the world over and of all faiths. If the .

followers of Shri Aurobindo constitute a 'religious denomination', as, to my mind, they undoubtedly do, the members of Shri Aurobindo Society are certainly a distinct and identifiable • C . section of the 'religious denomination'. The members of the society ~···· . are followers and disciples of Shri Aurobindo. · The society was formed to preach and propagate the beliefs and ideals of Shri Aurobindo. The primary object or'the society was··:ro mak~ known to the members of the public in general the aims and ideals of Shri " Aurobind lssrftr elieve imd proclaim that ya11 alone possess the one or the highest truth, you will not be able to impress people and make them flock to you. " (MCV No. 3, p. 77) ·' "He who has-a spiritual experience and faith, formulates it in the mos! appropriate words for himself, But if he is convif! ced that this expression is the only correct and true one for . this experience and faith, be becomes dogmatic and tends to create a religion. " (MCV No. 13, p.

22) "Imagine someone who, in some way or other has heard of something like the Divine or has a personal feeling that something of the kind exists. and begins to make all sorts of efforts, efforts of will, of discipline, efforts of concentr~tion, all sorts of efforts to find this Divine, to discover what he is, to become acquainted with Him and unite with Him. Then this person is doing Yoga. Now if . • this person has noted down all the processes be has used and constructs a fixed system, and sets up all that be bas discovered as absolute laws~for example he says, the Divine is like this, to find the Divine you must do this, make this particular gesture, take this attitude, perform. this ceremcny and you must admit that this is the truth, you must say "I accept that this is the Truth and I fully adhere to it ; and your method is the only right one, the . only one which exists" -if all that is written down, organised arranged into fixed laws and ceremonies, it becomes a religion.

'' · (MCV No. 8, p. 147) I! ' Sri Aurobindo "You express your faith in Sri Aurohindo with certain words, which are for you the best expression of this faith; this is quite all righ,t. But if you are convinced that these very words are the only correct ones to express what Sri Aurobindo is, then you become dogmatic and are ready to create a religion. " , (Sri Aurobindo Circle 21 No. 1965) "That is why religions always blunder, always for they want to standardise the expression of an experience and impose it on all as an irrefutable truth. The experience was S. P. MITTAL V. 'UNION (Misra, J. ) 781 · true, complete in itself, co. nvincing-for him who bad . it. The formulae be has made of it is excellent-for him ; but to want to impose it on others is a gross error which has. altogether disasterous consequences-always and which . always tak. es away, far away from. the Truth. " "That is why all religions, however fine they may be have always led men_ fo the· worst excesses.

All crimes, all horrors that have been prepetrated in the name of religion . are among the darkest spots in huma! ' history. " (Bulletin No. 1968, p. 129-31) "You see, this is what I have learned : the failure -of the religions. It is because they were _divided: . They wanted people to be religious to the exclusion of the other religions....... And what the new consciousness wants is: no more divisions. ... to find t~e meeting point. " · (MCV No. 13, p. 293·94) . "There is no word so plilstic and uncertain in its meaning as the word religion. The word is European and, therefore, it is as well to know first what the E~ropeans mean by it. In this matter we find them ...... divided in opinion. Sometimes they use it as equivalent to a set of beliefs, sometimes as equivalent to morality coupled with a belief in God, sometimes _as equivalent to a. set of pietistic actions and emotions. Faith, works and pious observances, these ·are the three recognised elements of European religion ...

Religion in India· is a still more plastic term and may mean anything from the heights of Yoga io strangling your fellowman and relieving him of the wordly goods he may happen to be carrying with him. It wo. uld, therefore, take too long to enumerate everything that can be included in Indian religion. " -Sri Aurobindo (Glossary of Terms in Sri Aurobindo's Writings, p. 132) Emphasis was also laid upon the opinion of the authoritative sources in support of the co1_1tention that the . teachings of Sri Aurobindo constitute a religion and the Socjety a religious denomination. The Encyclopaedia of Philosophy (1972 ed. ; Vol. I, pp. ? 82 . SUPlBME COlJRt- REPORTS · j (1983) l s. C,ll. 208-9) observes·: "Sri Aurobindo was an Indian metaphysician· and founder of a new religious movement with headqu~rters at Pondichery-·The religious movement . associated with him has increased its following in India, and has made some converts in the West ......... God. must 'descend' into human experience.

This illuminatiOI\ of individual will lead to the emergence of a divinised community.... Aurobindo produced a synthesis between older Indian religious ideas and the world affirming attitudes of Christian theism. " . ,,, r The Encyclopaedia Brittanica talking about Sri Aurobindo says : "Sri Aurobindo devoted himself to discover the way by which the Universe might be made divine ... Sri Aurobindo has been acclaimed as the prophet of the Superman, as the hierophant of the 'new age'. .. He has called his stand point that of a spiritual religion of humanity. " The Dictionary of Comparative Religion (1970 ed. , p. 117) mentions : "According to Aurobindo, there is a progressive evolu· tion of the divine Being thro"ugh matter no higher spiritual forms, and the Aurobindo movement is held to represent vanguard of this evolutionary process in our own times.

Aurobindo practised and taught an, 'integral yoga' in which meditative and spiritual exercises are integrated with physi- · cal, cultural and intellectual pursuits. " . F Encyclop~edia Americana (1966 Vol. 12, p. 634) states: "He (Sri Aurobindo) abandoned politics to. found a • religious school (191O) at Pondicberry. A practising Yoga philosopher, he wrote numerous spiritual and mystical works. " The Gazetteer of India, published by the Government of India, Vol. I, Country and People, Chapter 8, Religion, pp. 413-500, Section on Sri Aurobindo, states : "Sri Aurobindo gave new interpretations of the vedas and the Vedanta, and in his Essays on the Gita he cxpoun- · SJ'. MITTAL v. , UNION (Misra, 1. ) 7&3 ded what he called "the integral view of life". His great work, The Life Divine, is a summing up of hls philosophy of"the Descent of the Divine into Matter". The importance of Sri Aurobindo's mission lies in. his attempt to explain the true methods of Yoga. " In the Newsweek (Nov.

20, 1972) the. International Weekly, its 'religion' Editor, Woodward, writes: • . '. 'The Next Religion" : Some students of oriental, thought believe th&t Sri Aurobindo's spiritual vision and discipline may blossom into the first new religion of global ·scope since the rise of Islam thirteeffcenturies ago ........ Sri . Aurohindo left behind a nucleus ,of disciples in Pondicherry where the· Master's work is carried on by 1800 devotees who live in India's largest Ashram or spiritual community. " ·· Reference was also made to the opinions of the philosophers and professors of religion about the teachings of Sri Au•obindo. Frederic Spiegelberg, in bis book 'Living Religions of the World', p. 190-205, writes that in Sri Aurobindo : · "We pass beyond specilfo religions to a synthetic vision of the religious impulse itself, a vision designed to embrace all previous and future history all previous and future paths..

Sri Aurobindo is aman worshipped by hundreds of thousands and respected by millions:......... In his retreat at Pondicherry he is less the philosopher of Hinduism than the philosopher of religion in general, the voice of that which . comparative religion leaves undisputed. " Mr. Robert Neil Minor, Professor of Religion, University of Kansas, writes . : "On the level of Mind, then Aurobindo's system can· not be falsified. It therefore cannotbe verified on the level of Mind. Iiut as a religion it is a total package. Aurobindo did not offer a religious view of which one could accept and rejecl parts. He offered an integral system based upon. an integral vision. He offered. as well, the vision itself. " ,, (Sri Aurobindo : The Perfect and the Good, 177) And, the opinions of similar other professors of religion and philoso · phers have been quoted to show that the teachings of Sri Aurobindo have been treated as religion by theologians and by professors and by important news agencies.

The interpretations of the term 'religion' used in different Acts were also referred to but it is not necessary to refer to them as we are to interpret the term 'religion' and 'religious denomination, with references to 'Articles 25 and 26 of the Constitution. Mr. S. Rangarajiin appearing for the petitioners in one of the other writ petitions substantially adopted the contentions raised · by Mr. Soli Sorabjee and further supplemented the same by raising the following points. According to him the ingredients of religion are; (!

) A spiritual ideal; (2) A sot of concepts or precepts on God·Man relationship underlying the ideal : (3) A methodology given or evolved by the founder or foilowers of the religion lo achieve the ideal ; and (4) A definite following of persons having common faith in the precepts and concepts ; and in order to constitute a 'religious denomination' two further ingredients are needed : (5) The followers should have a common organisation ; (6) They should be designated and designable by a distinct name-This may usually be the name of the founder himself. Th. e counsel contends that the ideal _in Sri Aurobindo's religion is a 'Divine Life in a Divine Body' by Divinising Man and by transforming bis mind, vital and physical. - According to Sri Aurobindo, in the beginning the whole universe was full of all-pervading Divine consciouness. He called the dynamic portion of the Divine ·as · 'Supermind'. The Divine-the Supermind-according to him, wanted to see its manifestation even in matter.

By a process of involution t·he Divine which is the subtlest became grosser and grosser giving 785 . S. P. MITTAL v. UNION l Misra, J. ) rise t9 yarious planes of consciousness. This was· achieved through Involution-Evolution and Divinisation of·Man: The methodology for achieving the ideal was the 'Jntegr. al Yoga' which only means using affthe methods-Bhakthi, knowledge, work meditation, concentration, attaining perfection to derive optimum benefits of each one of the·m, by . total. surrender to the Divine and by becoming the instrument of the Divine. ' Sri Aurobindo has a definite following. In the beginning, this consisted of a few disciples. Slowly their nu. mber increased ·and an Ashram grew. Then there are definite organisations, Ashrams, Sri Aurobindo Society with more than 300 centres the world over. The devotees of Sri . Aurobindo are also referred to as Aurobindq: nians.

There are certain other attributes which indicate that the followers of Sri Aurobindo constitute a religious denomination, for example, chanting of Mantras, speqially prepared by Sri Aurobindo, . ,; a particular symbol also used for identification, -place. of pilgri~age is the Samadhi of Sri Arirobindo and the Mother, provision for meditation at the Samadhi. Flowers are offered at the Samadhi by the devotees. The uniqneness of his philosophy and his teachiiigs according to Mr. Rangarajan constitute•religion and the special features in his philosophy also make the Society a religious denomination. : Thus, · all the ingredients of religion and religious denomination are satisfied and there is no reason why' his teachings be not taken to be religious and the institution; viz. , the Society and the Auroville be not taken to be a religious denomination within ihe meaning of Articles 25 and 26 of the Consiitution. The Solicitor-General for the Union of India and Mr. F. S.

Narimail, counsel for the respondents Nos. 6 to 238, on the other· . hand contended that the teachings of Sri Aurobindo do not cons: titute religion nor is the Society and the Auroville a religious denomination, and in any case there is no violation of Article 26 of the Constitution inasmuch as the impugned Act has taken. over · only the management of Auroville ;from the Society and does not -. ; interfere with the freedom contemplated· by Articles 25 and 26 of the Constitution. Reference was made to rui'e 9 of the Rules and Regulations of 786 SUPREME cotJRT REPORTS [1983] I S. C. K. Sri Aurobindo Society, which deals with membership. of the Society and provides : "9.. Any person o·r institution or organisation either "in India or abroad who subscribes to the aims and objects of the Society, and whose applic. ation for membership is approved by the Executive Committee, will be member of the Society.

The membership is open to people everywhere without any distinction of nationality, religio_n, caste, creed or sex. " ..... • The only condition for membership is that the person seeking the membership of the Society must subscribe to the aims and objects of the Society. It was further urged that what is universal cannot be a religious denomination. In order to constitute a separate denomination, there must be something distinct from another. A denomination, argues the counsel, is one which is different from the other and if ·the Society was a religious denomination, then the person seeking admission to the institution would lose his previous religion He cannot be a member of two religions at one and the same time. But this is not the position in becoming a member of the society and Auroville. A religious denomination must necessarily be a new and one new methodology must be provided for· a religion.

Substantially, the view taken by Sri Aurobindo remains a part of the Hindu philosophy. There may be certain innovations in his philosophy but that would not make it a religion on that account. In support or' his contention the Solicitor-General placed reliance on Hirala/ Mallick v. State of Bihar('). Dealing with meditation this Court observed : "Modern scientific studies have validated ancient vedic insights a bequeathing to makind new meditational, yogic and other therapeutics, at once secular, empirically tested and transreligious. The psychological, physiological . 'and sociological experiments conducted on the effects of Transcendental Meditation (TM, for short) have proved thta this science of creative intelligence, in its meditational applications, tranquillizes the tense inside, helps meet stress (I) [1978] I SCR 301. s. P. MITTAL v. UNION (Misra, J. ) 787 without distress, overcome inactivities and instabilities and by holistic healing normalises the fevered ·and fatiqued man.

Rehabilitation of psychiatric patients, restoration of juvenile offenders, augmentation of moral tone and temper and, more importantly, - improvement of social behaviour of prisoners . are among the proven findings recorded by researchers. Extensive studies of TM ·in many prisons in the U. S. A. , Can·!! da,. Germany· and ,other countries are reported to have yielded results of improved creativity, higher responsibility and better behaviour. Indeed, a few trial courts in the United States have actually prescribed TM as a recipe for rehabilitation. · As Dr. · M. P. Pali, Principal of the Kasturba Medical College, Mangalore, ·has put down : "Meditation is a science and this should be learnt under guidance and. cannot be just . picked up from books. Objective studies on the effects of meditation on human. body and mind is a mo~ern observation and bas been studied by various investigation at MERU-Mabarishi European Research University.

Its tranquillising effect on body and mind, ultimately leading to the greater goal of Cosmic Consciousnes. s or universal awareness, . has been studied by using over . a hundred parameters. Transcendental Meditation practised for 15 minutes in the morning and evening every day brings about a host of beneficial effects. To name only a few : I. Body and mind get into a state of deep relaxation. 2. B. M. R. drops, less oxygen is consumed. 3. E. E. G. shows brain wave coherence with 'alpha' wave preponderance; 4. Automatic stability increases. 5. Normalisation of high blood pressure. ' 6. Reduced use of alcohol and tobacco. 7. Reduced stress, hence decreased plasma cortisol and blood lactate. 8. Slowing of the heart etc. " [1983) I. S. C. R. This Court dealing with punishment in a criminal case in Giasuddin v. A. P.. State(') again observed : . "There is a spiritual dimension to the first page of our Constitution which projects into penology.

Indian courts may draw inspiration from Patanja/i sutra even as . they derive punitive patterns from the Penal Code (most of Indian meditational · therapy is based on. the. sutras of Patanjali). . On the strength of these authorities it is contended for the Union of India tliat the integral yoga propounded by Sri Aurobindo ·is only a science and not a religion. The Society itself treated Auroville not as a religious institution. Auroville is a township which was conceived,' planned and developed as a centre of i,nternational culture for the promotion of the ideals which are central to the United-Nations 'Educational. ,Scientific and Cultural Organisation (UNESCO). These ideals have been explained and proclaimed extensively in the writings of Sri. Aurobindo aod the Mother. · In the year 1966, Sri Aurobindo Society, devoted as it was to the teachings of Sri Aurobindo and guided by the Mother, proposed this cultural township to U.

NESCO for the commemoration of the 20th anniversary of the UNESCO. IE The Union of India took up the matter with UNESCO and it did so on the explicit understanding that Auroville as proposed was in full consonance and conformity with lndia'. s highest ide~ls and aspirations and that would help Auroville promote the aims and 1 ·objects of UNESCO. Accordingly, at the Fourteenth Session of the General Conference of the UNESCO held in Paris in 1966, a resolution was passed noting that the proposal made by Sri Aurobindo ·society to set up Auroville as a cultural township where people of the different countries will Hve together in harmony in one community and engage in cultural, eductional, scientific and other pursuits and that th_e township will represent cultures of the world not only intellectually but also presenting different schools of ~rchitecture, ~aintings, soulpture, music etc.

as a part of living, bringing together the values and ideals of civilisations and cultures, commended'the project to those interested in UNESCO's ideals as the project would. contribute to international understanding and pro! "otion of peace. . (1) [1978] 1SCR153@ 164. S. P. MITTAL V. UNION (Misra, . J. ) -7g9 The said resolution of the UNESCO was followed by two otber resolutions-one at the 15th Session in 1968 and the other at tbe 16th Session in 1970. ·In the second resolution the UNESCO had noted that the Society had taken steps to establish Aurovilli: as an international cultural iownship which would fulfil the ideas of the UNESCO. The UNESCO invited the member :States and nongovernmental organisations to participate in the development of Auroviile as an international cultural township designed to bring together the values of different cultures and civilisations in • harmonious environment.

The foundation stone of Auroville was · laid on 28 Febeuary 1968 with the participation of youth or many nations, representing the coming together of all Nations in a spirit of human unity. 'The UNESCO conceived Auroville ·township as an instrument of education, promoting mutual respect and understanding between people in keeping with the spirit of Universal Declaration of Human Rights and Universal Declaration of Principles of International Cultural Cooperation. ,,. · The Govetnment . of India took active· part in making the "' UNESCO interested in the project and take decision as aforesaid for the development of Auroville as an international cultural town-ship with the participation of countries who are members of the · UNESCO. • Sri Aurobindo Society had brought the proposal of Auroville to the. Government of India and explained that Auro. ville was to be an international cultural township. This fact is evident from the brocl:!

ure submitted by Sri Aurobindo_Society to the Government of India The Charter of Auroville given by the Mother also indicates that it is not a religipus institution, as is evident from _the following : "!. Auroville belongs to nobody in particular. Auroville belongs to humanity as a whole. But to live fn Auroville one must be the willing servitor·of the Divine's consciousness. 2. Auroville will be the place 'of an unending education~ of constant progress, and a youth that never ages. 3. Auroville want• to be th~ bridge between the past and the future. Taking advantage of all discoveries from without and from within, Auroville will boldly spring towards future realis~tions. 4. Auroville will be the site of material and spiritual research for a li,ving embodiment of an actual human unity.

" On the own admission of the General Secretary of Sfi Aurobindo Society, Pondicberry, Auroville ·was to be a symbol of international cooperation, an effort to promote international understanding by bringing together in close juxtaposition the values and ideals of different civilisations and cultures. The cultures of different regions of the earth will be represented in Auroville in such a way ' -" as to be acessible to all not merely intellectually in ideas, theories, principles and languages, but also in habits and customs ; art in all forms-paintings, sculpture, music, architecture, decor,. dance ; as well as physically through natural scenery, dress, games, sports and 'diet. It will be'a representation in a concrete and living manner ; it will have amuseum, an art gallery, a library of books, recorded music etc. It will also have other objects which will express its intellectual, scientific and artistic genious, spiritual tendencies and national characteristics. While participati.

ng in UNESCO meeting "Design for Integrated Living Programme in Auroville" was presented and that also goes a Jong way to show that it was only a cultural township and not a religious institution. Numerous utterings by Sri Aurobindo or the Mother unmistakably show that the Ashram or Society or Auroville is not a religious institution. In Sri Aurobindo's own words (The Teaching and the Ashram of Sri Aurobindo, 1934, p. 6) : "The Ashram is not a religious association. Those who are here come from all religions and some are of no religion. There is no creed or set of dogmll. s, no governing religious body ; there are only the teachings of Sri Aurobindo and certain psychological practices of concen- · tration and meditation, etc. , for the enlarging of the consciousness, receptivity to ·the Truth, mastery over the desires, the discovery of, the divine self and consciousness concealed within each human being, a higher evolution of tμCf :p;attJ. re~' ' S. P. MiTTAL v. UNION (Misra, J.

) 791 . ' Sri Aurobindo himself said(') : "I may say tliat it is far from my purpose to propagate any religion, new _or old. " Sri Aurobindo says again(') : 8 "We are not a party or a· church or religion~" Sri Aurobindo exposes(') : I "Churches · and creeds have, for example, stood violently in the way of phHosophy and . science, burned a Giordano Bruno, imprisoned a Galileo, and so generally • misco11ducted themselves. in this matter that philosophy ' and science had a self-defence to turn upon Religion and rend her to pieces in order to get a free field . for their legitimate development. " D' The Mother said on 19. 3. 1973 : "Here we do not ~ave religion. " Sri Aurobindo says again(') : "Yogic methods have some thing of the same relation -' . t from all over the. world in the Integral System of Education, i. e. , the spiritual, psychic, mental, vita! and physical; to help in cash or in kind ~by way of donations etc.

; to organise·, encourage, promote and assist in the study, research, and pursuit of science literature and fine arts etc. Nowhere it talks of propagating religion. This is the ,surest . H · (1) Collected Works of the Moth~r, ~ntenary EdQ,, p. . 147. S. P, MIITAL ''· UNION (Misra, J. ). 793 · index·to know whether the Auroville or the Society was a religious institution. It was further contended that a religious denomination must be professed by that body but from the very beginning the Society has eschewed the word 'religion' in its c. onstitution. The Society professed to be a scientific research organisation to the donors and got income-tax exemption on the footing that it was not - a religions institution. The Society has· claimed exemption from income-tax under s: 80 for tile donors and under s. 35 for itself on that ground; Ashram Trust was different from Auroville Ashram. The Ashram Trust also applied for income-tax exemption and got it on that very ground. So also.

Aurobindo Society claimed exemption on the footing· that it was not a religious institution and got it. They professed to the Government also that they were not a religious institution i~ their application for financial assistance under the . . Central Scheme of Assistance to voluntary Hindu organisations. • On the, basis of the materials placed before us 'viz. , the · Mem. orandum of Association of the . Society, the several applications ;nade by the. Society claiming exempt. ion under s. 35 and s. 80 of the Income-tax Act, the repeated utterings, of Sri Aurobindo and the Mother that the Society and Auroville were n·ot religious institutions and host . of other documents there is no room for doubt that neither the Sqciety nor Auroville constitute a religious ,denomination and the teachings of Sri Aurobindo only represented his philosophy and not a religion.

· · · Even assuming but not ·holding that· the Society or the Auroville were a religious denomination, the impugned enactment is not hit by Article 25 or 26 of the Constitution. The -impugned enactment does not curtail the freedom of conscience and the right freely to profess practise and propagate religion. Therefore, there is no question of the enactment being hit by Article 25. - ·Article. 26 as stated earlier confers freedom to the religious denomination : (a) to establish and ma. intain institutions for religious. and charitable purposes ; (b) to manage its own affairs in matters or'religion ; (c) to own and acquire mova. ble and immovable property ; and 794 SUPREMB COURT RBPORTS [1983] I s. c. R. , . (d) to administer such property in accordance with law. The impugned enactment does not stand in the way of the • Society establishing and maintaing institutions for religious and charitable purposes.

It also does not stand in the way of the Society to manage its affairs in matters of religion. It bas only taken over the management of the Auroville by the Society in respect of the secular matters. The position before the present Constitution came into force was ·that the State did not interfere in matters of religion in its doctrinal and ritualistic aspects treating it as a private purpose, but it did exercise control over the administra- ... tion of property endowed for religious institutions (dedicated to the public) treating it as a public purpose, and this . i:>osition bas not changed even under th. e present Constitution. ('). . The scope and extent of the rights conferred by Articles 25 and 26 of the Constitution are now well-settled by the decision of this Court. To start with, in The Commissioner, Hindu Religious Endow- ,. ments Madras v.

·Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt(') dealing with various aspects of Article 26 of the Constitution this Court observed as follows : "The other thing that Jemains to be considered in regard to article 26 is, what is the scope of clause (bl of the article which·speaks of management of its own affairs in matters of religion ? "jThe language undoubtedly suggests that there could be other affairs of a religious denomination or a section thereof which are not matters of religion and to which the guarantee given by this clause would not / ' apply. ·'· It will be seen that besides the right to manage its own affairs in matters of religion, which is given by clause (b), the next two clauses of article 26 guarntee to a religious denomination the right to acquire and own pr9perty and to administer such property in accordance with law. The administration of its property by a religious denomination ha~ thus been placed on a different footing (I) A. I. R. 1955 Madras 356.

(2) [1954]lSCR IQ05, S. P. Ml1TAL v. UNION (Misra, J. ) 795 from the right to manage its . ovrn affairs in matters of religion. The latter is a fundamental right which no legislature can take away, whereas the former can be regulated by laws which the legislature can validly impose. It is clear, therefore, that questions merely relating to adminis-· tration of properties belonging to a religious group or institution are not matters of religion to which clause (b) of the article applies.... .. ... freedom oflr~ligion in our Constitution is not confined to religious beliefs only ;. it extends to religious · practices as well subject to the restrictions which ·the Constitution itself has laid down. Under article 26(b), therefore, a· religious denomination or organisation enjoys complete autonomy in the matter of deciding as to what rites and ceremonies are essential according .

to the t~nets of the religion· they hold and no outside authority has any jurisdiction to interfere with their decision in __such matters. Of course, the scale of expenses to be incurred in connection with these religious observations would be a matter of administration of property belonging to the religious denomination and' can be controlled by secular· authorities in accordance with any law. laid down by a competent legislature ; for it could not· be · the injunction of any religion· to destory the institution and its endowments by incurring wasteful expenditure on . rites and · ceremonies. It should be noticed, however, that under article 26(b) it · is the fundamental right of a religious denomination orits representative to administer its properties in accordance with law; and the law, therefore, must leave the right of administration to the religious denomination itself subject to such restrictions and regula- . lions as it might choos_e to impose. A law whfoh ·takes away .

the right of administration from . the hands of a religious denomination altogether and vests it in any other authority would . amount to a violation of the right guaranteed under clause (d) of Article 26. " · · · The same principle was reiterated by this Court in The Durgah Committee, Ajmer and Anr. v. Syed Hussain Ali and-ors. ('). In Tilkyat Shri Govind/a/j/ Maharaj v. The State of Rajasthan and Ors. (') it was held that the right tQ manage the ·properties of 0) (1962] 1 S. C. R 383 - 410-11. (2) [1964] 1 S. C R. 561. a temple was a purely secular matter and could not be regarded as a religious practice under Art. 25(1) or as amounting to affairs in matters of religion under Art. 26(b) consequently, the Nathdwara Temple Act in so far as it provided for the management of the properties of the Nathdwara Temple under the provisions of the. Act did not contravane Arts. 25(1) and 26(b) of the Constitution. In Sastri Yagnapurushadji and Ors. v. Muldas Bhudardas. Vaishya and Anr.

(') the appellants who were the followers of the .. Swaminarayan sect and known as satsangis, filed a representative suit for a declaration that the relevant provisions of the Bombay Harijan Temple Entry Act, 1947 (as amended by Act 77of 1948) did ·~ -" 0 not apply to their temples because, the religion of the Swaminarayan sect was distinct and different from Hindu religion and because, the relevant provisions of the Act were ultra vires. Dealing with . the question this Court observed as will. appear from the headnote: "The Indian mind has . consistently through the ages -. . been exercised over the problem of the nature of godhead, . ' the problem that faces the spirit at the end of life. and the interrelation between the individual and the universal soul. According to Hindu religion the ultimate·goal of humanity is release and freedom from the unceasing cycle of births and rebirths and a state of ab. sorption and assimilation of the indvidual soul with the infinits.

On the means to attain this and there is a great divergence of views; some emphasise the importance of dyana, while others extol the virtue of Bhakti or devotion, yet others insist upon the paramount importance of the performance of duties with a heart full of devotion and in mind inspired by knowiedge. Naturally it was realised by Hindu religion from the very beginning of its career that truth was many-sided and ---- J. · different views contained different aspects of truth which. no one could fully express. This knowledge inevitably bread a spirit of tolerance and wil)ingness to understand and appreciate -the opponent's ·point of view. Because of this broad ·sweep · of Hindu philosophic concept under Hindu philosophy; there is no scope for excommunicating any notion or principle· as bertical and rejecting it as such. The development of Hindu religion and philosophy shows that from time to time mints and (1) [1966] ~ S. C. R. ;! 42, S. P. MITTAL v. UNION (Misra, J.

) 797 nligious reformers· attempted to remove from Hindu thought and practices, elements of co;ruption and superstition, and ·revolted against the dominance of ·rituals and the power of the priestly class. with which it came to be associated;· and that led to the formation of different sects. In the teaching of'these saints and religious reformers is noticeable a certain amount of divergance in their respec- 8 tive views; but underneath that divergence lie certain broad · concepts which can be treated as basic and there is a kirid ' of subtle indescribable unity which keeps them within the. sweep of broad and progressive Hindu religion. The first among these basic concepts is the acceptance of the Vedas as the highest authority in religious and philosophic matters. This cencept necessarily implie& that all the systems -·- claim to have drawn iheir principles from a common re- . servoir of thought enshrined in the Vedas.

Unlike other • religions in the world, the Hindu religion does not claim any one prophet; it does . not worship any one God; it does not subscribe to any one dogma, it does not believe in any one philosophic concept ; it. does not follow any one set of religious rites of performances; in fact, it d(les not satisfy the traditional features of a. religion or creed. It is a way of life and nothing more. The Consjitutionmakers were fully conscious of the broad and comprehensive character of Hindu religion ;· 'and while guaranteeing the fundamental right to freedom of religion made it clear that reference to Hin . MlTTA(; v. UNION (Misra, I. ) . S19 On the basis of para 6 of the preamble it is argued that the grounds given were non-existant at the time of the impugned Ordinance or the enactment and, therefore, the law made on that basis itself is bad. We are afraid the argument has no substance.

Obviously, there were serious irregularities in the management of the said Society as· has been pointed out in the earlier part of the judgment. There has been misutilisation of funds and their diversion to other purposes. This is evident from the audit report. There was rio material change in the situation on the date of the impugned ordinance ·or the Act; rather the situation had grown from bad to worse and the sordid situation p~evailing iu the Auro~ille so pointed out by the parties fuily justified the promulgation of the Ordinance and· the passing of the enactment. Of course, each party tried to apportion the blame on the other. Whosoever be responsible, the fact remaips that the prevailing situation in the Auroville was far from satisfac· tory. The amount donated for the construction of the cultural t township Auroville and other institutions was to the tune of Rs. 3 crores. It was the responsibility of the Government to see that the amount was not mis·utilised and the.

management was properly carried out. So, the basis of. the argument that the facts as pointed out in the preamble were no~ est is not correct. Mr. Venugopal tried to explain the various adverse remarks made by the aud_iiors. On a perusal of the audit report, which. is a voluminous one, all we can say is that on the facts found by the audit committee, the report is rather a mild one. There seems to be serious irregularities in the accounts. A substantial amount received by way of donation. s bad not been pr\iperly spent, there being mis· utilisation and diversion of the funds. · The Attorney·General appearing for the Union of India con· tended that even assuming for the sake of argument, but not con· ceding thattbe facts brought to the notice of the legislature were wrong, it will not be open to the Court to hold the Act to be bad on. that account. We ·find considerable force in this contention.

The Court would' not do so even in case of a litigation which has become final on the ground that the facis or the evidence produced in the case were not correct. The Parliament had to apply its mind on _the facts before it. ~20 : SUPREME rotni. t RB~Ol!. ts (198~] I s. <:.! l. The Attorney-General also raised a sort of preliminary objection on behalf of the Union of India, thai-in view of Art. 31A the petitioners could not challenge the Act on the ground of contraven· tion of Art. 14 of the Constitution. In so far as it is material for the purposes of this case, Art. 3 lA reads : "3IA. (1) Notwithstanding anything contained in article 13, no Jaw providing for- (a) ........................................................ ' .. (b) the taking over of the management of any property by the State for a limit~d period either in the public interest or in order to assure the proper management of the property, (c) ....................................................... .

(d) ................................... (e) ....................................................................... shall be deemed to be void on the ground that it is inconsistent with, ·or takes away or abridges any of the rights conferrea by article 14 or article 19. " We find this argument to be plansible but instead of expressing any concluded opinion on this point we preferred to deal with the various contentions raised by Mr. Venugopal on Art. 14 of the. Constitution in view of the importance of the _question involved in this case. j. / A subsidiary point was further submitted by Mr.. Venugopal that no qualifications have been prescribed and, iherefore any person could be appointed as an Administrator.

We can normally assume that the Government would certainly appoint a responsible person as an administrator especially when there is a heavy stake in which the Government of India is also involved inasmuch as at the instance of the Government the UNESCO gave financial support to the institution. It was further submitted that the report of the Commiitee was a tainted one as the Chairman, Kulkarni and the Secretary were parties. There is no foundation ·for this submission. S. P, MIITAL v. UNION (Misra, J. ) 821 We, therefore,. hold that the impqgned Ordinance. or the impugned Act is not violative of Article 14 of the Constitution. Now we tum to the last but not the least important ground of . ma/a fides. The Act is sought to be challenged on the ground that it is 'rriala fide. This argument is on the basis. that Kirit Joshi, who had his own axe to grind in the matter, was instrumental in getting the imp. ugned Ordinance and the Act passed. Th.

is argument bas been advanced only fo be rejected. Allegations about ma/a fides are more easily made than made out. It will be too much to contend · that Kirit Joshi, who was only an Educational Adviser to the Government of India, . Ministry of Education and Culture (Depart· ment of Educatio'! ), was responsible for the impugned enactment. The impugned enactment was passed following the due procedure and merely because he made a complaint about the situatfon prevailing in the management of Auroville . and the Society, it cannot be said that the impugned enactment . was passed at his behest. For the reasons given above all the writ petitions must fail. In view of the final decision on the writ P. etitions themselves, it is. not necessary to pass any specific order in the appeal filed agafost the interim order in one of the writ petitions. The' parties in the . · ·circumstances of the case are left to bear their own costs. S. R. ' Petitions dismissed.