Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Religious denomination Freedom to manage religious affairs |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CONSTITUTION OF INDIA, 1950:Art. 26 - Freedom to manage religious affairs - 'Religious denomination' - Connotation of - Held: Art. 26(d) protects the rights of 'religious denomination' to establish and administer the properties as clauses (c) and (d) guarantee a fundamental right to any religious denomination to own, acquire, establish and maintain such properties - Rights of 'denominational religious institutions' are to be preserved and protected from any invasion by State as guaranteed under Art. 26 and as statutorily embodied in s.107 of Madras Hindu Religious and Charitable Endowments Act, 1959 - A law which takes away the right to administer religious denomination altogether and vests it in any other authority would amount to a violation of right guaranteed in clause (d) of Art. 26 - Madras Hindu Religious and Charitable Endowments Act, 1959 - s. 107.MADRAS HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT, 1959:s. 107 r/w ss. 44 and 45 (2) - Protection of rights of 'religious denomination' in consonance with Art. 26 of Constitution of India - Rights of Dikshitars to maintain Sri Sabhanayagar Temple at Chidambaram - Appointment of Executive Officer to maintain the Temple - Writ petition dismissed by High Court holding that the earlier judgment in Marimuthu Dikshitar did not operate as res judicata - Held: In Marimuthu Dikshitar, which had attained finality, it was recognized: (a) That Dikshitars, who are Smarthi Brahmins, form and constitute a 'religious denomination'.· (b) Dikshitars are entitled to participate in administration of the Temple; and (c) It was their exclusive privilege which had been recognised B and established for over several centuries - These issues stood finally determined by High Court and, thus, doctrine of res judicata is applicable in full force - The declaration that "Dikshitars are religious denomination or section thereof" is a declaration of their status and making such declaration is a judgment in rem - Res judicata - Code of Civil Procedure, 1908 - 0. 47, r. 1 - Review.s. 107 r/w ss. 45 and 116 - Appointment of Executive Officer to manage Sri Sabhanayagar Temple at Chidambaram - Held: In view of the fact that rights of Dikshitars to administer·the Temple had already been finally determined by High Court in 1951, State authorities under the Act 1959 could not pass any order denying those rights - Act 1959 had been enacted after pronouncement of the judgment in Marimuthu Dikshitar's case, but there is nothing in the Act taking away the rights of Dikshitars declared by the court, in the Temple or in the administration thereof - An Executive Officer could not have been appointed in the absence of any rules prescribing conditions subject to which such appointment could have been made.ss. 44 and 45 r/w s. 107 - Super-session of administration of Temple - Held: Super-session of rights of administration cannot be of a permanent enduring nature - Its life has to be reasonably fixed so as to be co-terminus with the removal of the consequences of maladministration - Even if the management of a temple is taken over to remedy the evil, the management must be handed over to the person concerned immediately after the evil stands remedied - Continuation thereafter would tantamount to usurpation of such proprietary rights or violation of fundamental rights guaranteed by the Constitution in favour of the person(s) concerned - Impugned order is liable to be set aside for failure to prescribe the duration for which it will be in force.Code of Civil Procedure, 1908;0.47, r5 - Review - Scope of- Explained - Held: Even an erroneous decision cannot be a ground for the court to undertake review, as the first and foremost requirement of entertaining a review petition is that the order, review of which is sought, suffers from any error apparent on the face of the order and in absence of any such error, finality attached to i'he judgment/order cannot be disturbed.RES JUDICATA:Res judicata - Meaning of - Explained - Maxims, "res judicata pro varitate accipitur", "interest republicae ut sit finis litium" and nemo debet bis vexari pro uno et eadem causa". |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2014 INSC 902 |
Petitioner | Dr. Subramanian Swamy |
Respondent | State Of Tamil Nadu & Ors. |
SCR | [2014] 1 S.C.R. 308 |
Judgement Date | 2014-01-06 |
Case Number | 10620 |
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