Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Protection of Ex-communication Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Bombay Prevention of Ex-communication Act, 1949 (42 of 1949) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Bombay Protection of Ex-communication Act, 1949 – The Act, 1949 provided that ex-communication of a member of any community shall be invalid and shall be of no effect – Head of the Dawoodi Bohra community challenged the Act on grounds that it infringed on fundamental rights guaranteed u/Arts.25 and 26 of the Constitution – A Constitution Bench of Supreme Court (of five Judges) in the case of Sardar Syedna, by majority, held that ex-communication amongst the Dawoodi Bohras forms an integral part of the management of the community and therefore, interference with the right to ex-communicate amounts to interference with the right of the community to manage its own affairs in matters of religion – The Supreme Court held that as the Ex-communication Act invalidates excommunication on any ground whatsoever including religious grounds, it must be held to be in clear violation of the right of the Dawoodi Bohra community guaranteed u/Art.26(b) of the Constitution – Present writ petition filed seeking reconsideration and overruling of that decision and for issuing a writ of mandamus directing the respondent-State to give effect to the provisions of the Act, 1949 – Meanwhile, the Maharashtra Protection of People from Social Boycott Act repealed the Ex-communication Act – Whether the view taken by Constitution Bench in the case of Sardar Syedna requires reconsideration – Held: The exercise of balancing the rights under Art.26(b) with other rights under Part III and in particular Art.21 was not undertaken by the Constitution Bench in the case of Sardar Syedna – This question is substantially in issue before the Bench of nine Judges in Sabrimala Temple Review -9JJ – Moreover, the question of whether protection can be given by Art.26(b) to the practice of ex-communication also is to be tested on the touchstone of the concept of Constitutional morality as the said right is subject to morality – Thus, these questions are the two main grounds on which the said decision may need reconsideration by a larger Bench – The Bench of nine-Judges (Sabrimala Temple Review –9 JJ) framed seven questions of law, out of which questions 3 and 4 also arise for consideration in the present writ petition – Present writ petition, thus, deserves to be tagged with Review Petition pending before the Bench of nine Hon’ble Judges – Registry to seek appropriate directions in this behalf from Hon’ble the Chief Justice of India – Constitution of India – Arts. 25 and 26 – Maharashtra Protection of People from Social Boycott (Prevention, Prohibition and Redressal) Act, 2016. Constitution of India – Interpretation of Constitutional provisions – Approach to be adopted – Held: Constitution is a living instrument – The originalist interpretation rendered to provisions of the Constitution decades back, cannot continue to be valid for all times to come if the Constitution is to continue as a living instrument with continued relevance – Interpretation of law must keep pace with changing needs of society. Constitution of India – Arts. 25 and 26 – Morality in the context of Arts. 25 and 26 – Discussed. |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2023 INSC 115 |
Petitioner | Central Board Of Dawoodi Bohra Community & Anr. |
Respondent | The State Of Maharashtra &anr. |
SCR | [2023] 1 S.C.R. 293 |
Judgement Date | 2023-02-10 |
Case Number | 740 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |