SURAJ MAL SINGHVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Art. 226 of the Constitution on behalf of Surajmal Singhvi who claims to be the Chairman of the Trust Committee of Shri Nakodaji Paras Nath Tirth of Mevanagar. There is a famous temple of Lord Parasnath in village Mevanagar, Tehsil Pachpadra, District Barmer. THIS temple is known as. The temple of Shri Nakodaji Parasnath'. THIS temple is a Jain Public religious temple. The gross income from the properties of this temple and other sources is more than Rs. 10,000/- per annum. According to the petitioner, the administration and management of this temple is being carried on by a Trust Committee on behalf of Jain Swetamber Sangh in which the entire property of the temple is vested. According to the petitioner, the properties of the said temple consist of the temple building, cash, ornaments for the idol and other movables and immovables, and all the said properties had been constructed or acquired by contributions from the members of the Jain Swetambar Murti Pujak Sangh residing in different places all over India and from offerings and gifts made to the said temple and moneys realised from gifts for performing religious ceremonies and from contributions for specific objects such as for temple, for idol, for Sadharan and Jiv Daya etc. which are considered to be religious, pious and charitable objects according to Jain scriptures and its religious tenets. It has been urged that according to the religious faith and belief of Jains, the properties of the said temple can only be utilised for the maintenance, upkeep and worship of the idol and for the purpose of different religious ceremonies and propagation of Jain faith and religion and for other analogous purposes which are pious, religious and charitable. It is also stated in the petition that administration and management of the said temple and the work of the idol and other religious ceremonies are carried on according to the scriptures and tenets of Jain religion. The management of the property is carried on in accordance with the advice, guidance and religious sense of the local Jain Murti Pujak Sangh known as 'shree Sangh' according to the advice of religious teachers, preceptors and Sadhus.

(2.) THE Rajasthan State Legislature enacted the Rajasthan Public Trusts Act, 1959 (Act No. 42 of 1959) (hereinafter called the Act) which received the assent of the President on 22nd October, 1959 and was published in the Rajasthan Gazette Extra Ordinary Pt. IV-A, dated 28th October, 1959. In this petition, the petitioner has challenged the various provisions of the Acton the ground that they are in direct and flagrant breach of fundamental right of religious freedom and freedom of conscience of the Jains and their right freely to profess, practise and propagate religion and imposes unreasonable restrictions on the rights of religious denomination to maintain and manage religious institutions and to manage their own affairs in the matter of religion and to administer their property according to Jain Shsan rules and regulations.

(3.) THIS at once takes us to the examination of the question as to what is meant by religion in Articles 25 and 26. THIS aspect of the matter has been considered by their Lordships of the Supreme Court in a number of cases. The earliest authoritative pronouncement on this point is contained in the judgment of Mukherjea, J. on behalf of the Court in the Commissioner, Hindu Religious Endowments, Madras vs. Shri Lakshmindra Thirtha Swamiar of Shri Shirur Mutt (1 ). "religion is certainly a matter of faith with individuals or communities and it is not necessarily atheistic. 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 has its basis in a system of beliefs or doctrines which are regarded by those who profess that religion as conducive 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 wardship which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress. " "the guarantee under our Constitution not only protects the freedom of religious opinion but it protects also acts done in pursuance of a religion and this is made clear by the use of the expression "practice of religion" in Art. 25. " Paras 17-18 page 290 ).