PETITIONER:
BRAMCHARI SIDHESWAR BHAI &ORS.ETC.
Vs.
RESPONDENT:
STATE OF WEST BENGAL ETC.
DATE OF JUDGMENT02/07/1995
BENCH:
VENKATACHALA N. (J)
KULDIP SINGH (J)
AHMAD SAGHIR S. (J)
CITATION:
1995 AIR 2089 1995 SCC (4) 646
JT 1995 (5) 205 1995 SCALE (4)113
ACT
HEADNOTE
JUDGMENT
THE 2ND DAY OF JULY,1995 present:
Hon’ble Mr.Justice Kuldip singh
Hon’ble Mr.Justice N.Venkatachala
Hon’ble Mr.Justice S.Saghir Ahmad Mr.Shanti Bhushan,Mr.Tapas Ray, Mr.A.K.Ganguli, Mr.P.P.Rao and Mr.Dhruv kr.Mukherjee, Sr.Advs., Mr.H.Puri, Mr.S.K.Puri,(Mr.Raj Kumar Gupta,Advs.for Mr.Rajesh,Adv.,(m/s.Dilip Sinha,J.R.Das,Advs for M/s.Sinha and Das,Advs.,Mr.Indra Makwana,Mr.V.B.Joshi, Mr. Umesh Bhagwat,Mr.Alok Singh,Mr.Rathin Das,Mr.Abhijit Sengupta,Mr.A.D.Sikri,Mr.A.K.Chakravarti,Mr.A.Mariarputham, Ms.Aruna Mathur,Mr.Charavorty,Mr.Bijan Kumar Ghosh, Mr.P.P.Choudhary and Mr.R.K.Gupta,Advs.with them for the appering parties.
JUDGMENT The following Judgment of the court was delivered:
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 4434A-34D OF 1986
WITH
CIVIL APPEAL NOs. 4937/85.5676-78/85
WITH
I.A.No.1 IN C.A. Nos.5676-78/85 and CMP
NO.23111/86 IN C.A. NO.4937/85 Bramchari Sidheswar Shai & Ors.etc.
Versus state of West Bengal etc.
JUDGMENT VENKATACHALA, J.
The sustainability of the common judgment of Division Bench of the calcutta High Court rendered in appeals preferred against the order of dismissal of a Writ Petition by a learned single judge of the same High Court by which the claim of the followers of Ramakrishna that an educational institution established and administered by their Ramakrishna Mission receives protection under Article 30(1) of the Constitution of India being an educational institution established and administered in exercise of their fundamental right as a minority based on religion and under Article 26(a) of the constitution of India being an educational institution established and maintained in exercise of their fundamental right as a religious denomination or section thereof,is upheld, since arises for our consideration in the present appeals filed against that judgment, all of them could be disposed of by this judgment.
As the writ petition filed in the High Court, which has led to the present appeals related to Ramakrishna Mission Vivekananda Centenary College at Rahra- Ramakrishna Mission College ’,established and administered by Ramkrishna Mission, it would be advantageous to refer to material facts relating to establishment and administration of that college and the controversies thereto which led to the filing of the writ petition, and ultimately the present appeals , for a proper apprisal and appreciation of the points arising for our consideration in deciding the present appeals.Such facts are briefly these:
By letter dated 19th july 1961, the secretary,Education department of Government of West Bengal informed Swami Punnyananda Maharaj of Ramakrishna Mission Boys’ Home of Ramakrishna Mission at Rahra of the willingness of Government of India for granting rupees two lakhs for construction of a college building on a suitable site at Rahra to be made available by Ramakrishna mission and of the willingness of the Chief Minister to meet the additional cost of construction of such college building from funds of State Government,requested him to communicate the acceptance by Ramakrishna Mission of the proposal and further prepare plans and estimated cost of college building early.On Ramakrishna Mission’s acceptance of the said proposal Government of West Bengal, issued Memo dated 27th October ,1961,intimating its Director of Public Instruction of Governor’s approval for setting up a three year degree college under the auspices of Ramakrishna Mission Boy’s Home at Rahra at its site at an estimated cost of Rs.7,25000/- to be borne by the State Government and Government of India. Thereafter,by a letter dated 25 th April,1962 the Deputy secretary to Government of West Bengal addressed to Registrar,Calcutta University intimated him of the three year degree college to be set up at Rahra under the auspices of Ramakrishna Mission and its readiness to manage the college through a Governing Body to be constituted by it. In turn by another letter dated 29th August,1962, the Director of public Instruction intimated to the Registrar, Calcutta University that the said college was being inaugurated under the auspices of Ramakrishna Mission Boy’s Home and will function as a sponsored college with financial assistance from the State Government and Union Government and requested for obtaining University’s affiliation of the college upto B.A/B.Sc. courses and approval of college Governing Body constituted by the Ramakrishna Mission. Calcutta University being of the view, that it was quite in fitness of things that the college was being ushered into existence in commemoration of the birth centenary of Vivekananda, who contributed so much to uplift the down-trodden and the building up of national character and education, not only granted affiliation to the proposed college, but also accorded approval to Governing Body of that College as constituted by Ramakrishna Mission. Thereafter,Governing Body of the College as constituted by Ramakrishna Mission from time to time with special approval obtained from the state Government and the University, continued to administer the affairs of that College. Ramakrishna Mission College did not, therefore have a Governing Body which was modelled on the common pattern of governing bodies of sponsored colleges as becomes clear even from Government Memo dated 16th January,1971 conveying approval of Governor for common pattern of Governing bodies of sponsored colleges, for it said that the approval given by Governor regarding composition of the governing bodies of the sponsored colleges, did not include Governing Bodies of sponsored colleges run by Missionary Societies on the basis of agreement with respective Missions. Indeed, the letter of Deputy Secretary to Government refering to the said Memo had clarified that the Memo in its application to specially sponsored colleges such as Colleges managed by Ramakrishna Mission, Christian Order Missionary Society Brahma Samaj, Trust Deed etc.would be modified by Government according to exigencies by mutual agreement with Mission/Society/parties concerned. In his Memo dated 18th April, 1978, the Deputy Secretary to Government of West Bengal also clearly stated that the Government had been feeling the necessity of revising the existing pattern for composition of Governing Bodies of Government sponsored colleges on a "standard pattern" excepting where the college concerned had a special constitution on the basis of Trust Deed or where the college was run by the Missionary Societies on the basis of agreement with respective Missions.
When according to the said Memo dated 18th April, 1978, the existing Governing Body of the Ramakrishna Mission College was carrying on the governance of that college, that on 12.8.1980 by a letter of even date. Principal of that college Swami Jitatnanda resigned his post. This situation led to the appointment of Shivamoyananda who was till then head of Ramakrishna Mission Vidya Mandir, Bellurmath, as Principal of Ramakrishna Mission College.
Teachers Council of the Ramakrishna Mission College who were agitated by new Principal’s appointment, by resorting to strike, took over the management of the College and prevented the newly appointed Principal Shivamoyanda from functioning as Principal but also made Prof.A.R. Das Gupta to function as the in-charge Principal of the College. This untoward situation led Ramakrishna Mission and the Secretary of the Governing Body of the College Institute a civil suit -suit No.111 of 1980 in 10th Court of Sub-Judge, Alipore seeking a declaration that the functioning of A.R.Das Gupta as Principal and the functioning of 14 professors in the college was illegal.
When the affairs of the said Ramakrishna Mission College stood as above, that on 18.12.1980 the appellants in Civil Appeal No.4937 of 1985 by filing C.O.No.12837(w) of 1980 in the High Court sought for issue of (i) a writ in the nature of mandamus commanding the Government of West Bengal to reconstitute the Governing Body of the Ramakrishna Mission College according to standard pattern for Governing Bodies of sponsored college as per Government Memo No.752- Edn(cs)/c.s.30-3/77 dated 18th April,1978;(ii) a writ declaring that the Ramakrishna Mission college is governed by W.B. Act of 1975;and W.B. Act 1978;(iii) a writ in the nature of quo warranto restraining Swami Shivmoyananda as Pricipal of Ramakrishna Mission College, and other incidental writs.
The grant of prayers sought for in the said writ petition was resisted by Ramakrishna Mission, Secretary of the Ramakrishna Mission College and Shivamoyanada, who were respondents in that writ petition and are respondents in present Civil Appeal No.4937 of 1985 and other Civil appeals.
However,as three notices were sent by the Calcutta University to Ramakrishna Mission during the pendency of the writ petition for reconstituting the Governing Bodies of the Ramakrishna Mission Residential College, Narendrapur,Ramakrishna Mission Siksha Mandir, Howrah and Ramakrishna Mission Vidya Mandir, Howrah , the sustainability of those notices was questioned by Ramakrishna Mission, by filing an Interlocutory Application in the writ petition itself.
A learned single Judge of the High Court although dismissed the said writ Petition, quashed the said three notices issued by the Calcutta University to the Ramakrishna Mission for reconstituting the Governing Bodies of its three colleges, on his view that the Ramakrishna Mission College and other colleges of Ramakrishna Mission since estasblished and administered by Ramakrishna Mission, comprised of the followers of Ramakrishna religion , being protected under Article 30(1) of the Constitution, the provisions in W.B.Act of 1975 and the W.B. Act of 1978,did not apply . However, he did not accept the claim of the Ramkrishna Mission that Article 26(a) of the Constitution enabled the Ramakrishna Mission to establish educational institutions as a religious denomination.The writ petitioners as a religious denomination. The writ petitioners, who were aggrieved against the order of dismissal of their writ petition by the learned single judge and of quashing of the notices for reconstituting of Governing Bodies of Certain colleges of the Ramkrishna Mission preferred a writ appeal against that order. The State of West Bengal and Calcutta University who also felt aggrieved by the said order of learned single judge ,filed separate writ appeals questioning its correctness. A Division Bench of the High Court, Which clubbed those writ appeals and heard them together, dismissed all of them by a common judgnent having expressed its agreement with the learned single Judge that the Ramakrishna Mission comprised of followers of Ramakrishna, being a minority based on religion, was protected under Article 30(1) of the Constitution, and also its disagreement with the view that Article 26(a) of the Constitution did not protect the Ramakrishna Mission from establishing educational institutions as a religious denomination. Dismissal of the appeals was also based on the view of the Division Bench that both the W.B. Act of 1975 and the W.B. Act of 1978 since did not contain any express provision including their application to educational institutions established and maintained by the Ramakrishna Mission, those Acts would be inapplicable,to the Ramakrishna Mission College and other colleges of Ramakrishna Mission for to hold otherwise would amount to infringement of the rights enjoyed by the Ramakrishna Mission under Articles 26(a) and 26(b) of the Constitution. However, it left open the question of legality or otherwise of the direction contained in the notices issued by the Calcutta University to the Ramakrishna Mission for reconstitution of Governing Bodies of the Ramakrishna Mission Residential College, Narendrapur, Ramakrishna Mission Siksha mandir, Howrah and Ramkrishna Mission Vidya mandir, howrah. doctrines and teachings of Ramakrishna and have become his follwers, claim to belong to a minority based on Ramakrishna religion which was distinct and different from Hindu religion and as such entitled to the fundamental right under Article 30(1) of the Constitution of India , of establishing and administering educational institutions of their choice through Ramakrishna Mission or its branches in that State? 2. Do persons belonging to or owing allegiance to Ramkrishna Mission belong to a religious denomination or any section thereof as would entitle them to claim the fundamental rights conferred on either of them under Article 26 of the Constitution of India? 3. If persons belonging to or owing allegiance to Ramakrishna Mission is a religious denomination or a section there of , have they the fundamental right of estblishing and maintaing institutions for a charitable purpose under Article 26(a) of the Constitution of India. 4. If Ramakrishna Mission as a religious denomination or a section there of establishes and maintains educational institutions, can such institutions be regarded as instituions established and maintained for charitable purpose within the meaning of Article 26(a) of the Constitution of India? 5. Is Ramakrishna Mission College at Rahra established and maintained by Ramakrishna Mission and if so , will the constitution of its governing body by the government of west Bengal amounts to infringment of Ramkrishna Mission’s fundamental right to establish and maintain an educational institution under Article 26(a) of the Constitution of India? 6. Can the court direct the West Bengal Government because of W.B.Act 1975 and W.B.Act 1978, to constitute governing body on standard pattern of sponsored college envisaged under its Memo dated 18th April, 1978 in respect of Ramakrishna Mission College when that Memo itself says that colleges establised and maintained by Missions on the basis of agreements cannot be treated as sponsored colleges for the purpose of constituting governing bodies for them on a standard pattern.
Before taking up the above points for consideration, we may advert to the views of this Court expressed in some of its decisions on matters, such as Hindu religion , religious denomination, to our advantage:
A Constitution Bench of this Court in the commissioner, Hindu Religious Endowments, Madras & sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt [(1954) SCR,1005] speaking through Mukherjee, j. (as he then was), who spoke for the Bench while holding that certain provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951 imposing tax on religious trusts and institution were ultra vires Article 26 of the Constitution of India, adverted to the meaning of the word religion and the expression religious denomination found in the Constitution of India, thus:
"... The word religion has not been
define in the Constitution and it is a
term which is hardly susceptible of any
rigid definition. In an American case
[Davis v. Benson,133 US at 342] it has
been said that term religion to his
Creator and to the obligations they
impose of reverence for His Being and
character and of obedience to His will.
It is often confounded with cultus of
form or worship of a particular ect ,
but is distinguishable from the latter,.
We do not think that the above
definition can be regrded as either
precise or adequate.Articles 25 and 26
of our Constitution are based for the
most part upon asticle 44(2) of the
Constitution of Eire and we have great
doubt whether a definition of religion
as given above could have been in the
minds of of faith with individuals or
communities and it is not necessarily
theis tic. There a 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 spirtual
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 accepts , it might
prescrive rituals and obsevances,
cermoniwes and modes of worship which
are regarded as integral observances
might extend even to matters of food and
dress."
Then dealing with the meaning and connotation of the expression religious denomination and whether a Math could come within this expression , it has been ovserved thus :
"..... The word denomination has been
defined in the Oxford Dictionary to
mean a collection of individuals classed
together under the same name : a
religious sect or body having a common
faith and organisation and designted by
a distinctive name it is well know that
the practice of setting up Maths as
centres of theological teaching was
started by Shri Sankaracharya and was
followed by various teachers since
then. After Sankara, came a galaxy of
religious teachers and philosophers who
founded the different sects and sub-
sects can certainly be called a
religious denomination , as it is
designated by adistinctive name,- in
many cases it is the name of the founder
, and has a common faith and common
spiritual organisation. The followers of
Ramanuja , who are known by the name of
Shri Vaishnabas,undoubtedly constitute
a religious denomination; and so do the
followers of Madhwacharya and other
religous teachers .It is a fact well
established by tradition that the eight
udipi Maths were founded bu Madhwacharya
himself and the trustees and the
beneficiaries of these Maths profess to
be followers of that teaher , The HIgh
Court has found thatthe Math in
question is in charge of the Sivalli
Brahmins who constitute a section the
followers of Madhwacharya . As Article
26 contemplates not merely a religious
denomination but also a section ther of
, the Math or the spiritual fraternity
represented by it can legitimately come
within the purview of this article. "In Shastri Yagnapurushdasji and others & muldas Bhundardas vaishya and another [AIR 1966 SC 1119]a Constitution Bench of this Court was required to consider the question whether the Bombay High Court was right in holding that Swaminarayan Sampradaya sect to which the appellants before the court belonged is not a religion distinct and separate from the Hindu religion .In that context, Gajendragadkar,c.j who spoke for the Bench considered the questions elaborately as to who are Hindus and What are the broad features of HIndu religion, thus:
"(27) Who are Hindus and what are the
broad features of Hindu religion, that
must be the first part of our enquiry
in dealing with the present controversy
between the parties. The historical and
etymological genesis of the word ’Hindu
has given rise to a controversy amongst
indo-logists; but the view generally
accepted by scholars appears to be that
the word ’Hindu’is derived from the
river Sindhu otherwise known as Indus
which flows from the Punjab. That part
of the great Aryan race, says Monier
Williams , which immigrated from Central
Asia, through the mountain passes into
India, settled first in the districts
near the river Sindhu (now called the
Indus). The perisian pronounced this
word Hindu and named their Aryan
brethern Hindus. The Greeks, who
probably gained their first ideas of
india pesians , dropped the hard
aspirate, and called the Hindu ’Indii’
(28). The Encyclopaedia of Religion and
Ethics,Vol.VI, has described
’Hindusim’as the title applied to that
form of religion which prevails among
the vast majority of the present
population of the Indian Empire (p.686).
As Dr. Radhakrishnan has observed: ’The
Hindu civilization is so called, since
its original founders or earliest
followers occupied the territory drained
by the Sindhu (the Indus) river system
corresponding to the North-West Frontier
Provvince and the Punjab. This is
recorded in the Rig Veda, the oldest of
the Vedas, the Hindu scriputres which
give their name to this period of Indian
history. The people on the Indian side
of the Sindhu were called Hindu by the
Persian and the later western invaders
[The Hindu view of life by Dr.
Radhakrishnan, p.12]. That is the
genesis of the word ’Hindu’.e>
(29). When we think of the Hindu
religion, we find it difficult, if not
impossible, to define Hindu religion or
even adequately describe it. 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 or performances; in
fact, it does not appear to satisfy the
narrow traditional features of any
religion or creed. It may broadly be
described as a way of life and nothing
more.
(30). Confronred by this difficulty, Dr.
Radhakrishnan, realised that to many
Hinduism seems to be a name without any
content. Is it a museum of beliefs, a
medley or rites; or a mere map, a
geographical expression [The Hindu View
of Life by Dr. Radhakrshnan, P.11]?.
Having posed these questions which
disturbed foreigners when think of
Hinduism, Dr.Radhakrishnan has explained
how Hinduism has steadily absorbed the
customs and ideas of peoples with whom
it has come into contact and has thus
been adle to maintain its supremacy and
its youth. The term Hindu, according to
Dr. Radhakrishnan, had originally a
territorial and not a credal
significance. It implied residence in a
well deficed geographical area.
Aboriginal tribes, savage and half-
civilized people, the cultured
Dravidians and the Vedic Aryans were
all Hindus as they were the sons of the
same mother. The Hindu thinkers reckoned
with the striking fact that the men and
women dwellining in India belonged to
different communities, worshipped
different gods, and practised different
rites [the Hindu View of life by Dr.
Radhakrishan, p.12] (Kurma Purana).
(31). Monier Williams has observed that
it must be borne in mind that Hinduism
is far more than a mere form of theism
resting on Brahmanism. It presents for
our investigation a complex congeries of
creeds and doctrines which in its
gradual accumulation may be compared to
the gathering together of the mighty
volume of the Gangas, swollen by a
continual influx of tributary rivers and
rivulets, spreading itself over an
everincreasing area of country and
finally resolving itself into an
intricate Delta of tortuous streams and
jungly marshes..The Hindu religion is a
reflection of the Hindu religion is a
reflection of the composite character of
the Hindus, who are not one people but
many. It is based on the idea of
universal receptivity . It has ever
aimed at accommodating itself to
circumstances, and has carried on the
process of adaptation through more than
three thousand years. It has first borne
with and then, so to speak, swallowed,
digested, and assimilated simething from
all creeds (Religious Thought & life in
India by Monier Williams ,p.57].".
Dealing with broad sweep of the Hindu philosophic concept, it has been stated thus:
(33). The monistic idealism which can be
said to be the general distinguishing
feature of Hindu Philosophy has been
expressed in four different forms: (1)
Non-dualism or Advaitism; (2) pure
monism, (3) Modified monism; and (4)
Implicit monism. it is remarkable that
these different forms of monistic
idealism purport to derive support from
the same Vedic and Upanishadic texts,
Shankar, Ramanuje, Vallabha and Madhva
all based their philosophic concepts on
what they regarded to be the synthesis
between the Upanishads, the Brahmasutras
and the Bhagvad Gita. Though philosophic
concepts and principles evolved by
different Hindu thinkers and
philosophers varied in many ways and
even appeared to conflict with each
other in some particulars, they all
had reverence for the past and accepted
the Vedas as sole foundation of the
Hindu philosophy. Naturally enough, it
was realised by Hindu religion from the
very beginning of its career that truth
was many sided and different views
contained different aspeccts of truth
which no one could fully express. This
knowledge inevitable bred a spirit of
tolerance and willingness to understand
and appreciate the opponent’s point of
view , That is how the several views set
forth in India are considered to be the
branches of the self-same tree. The
short cuts and blind alleys are somehow
reconciled with the main road of advance
to the truth [ibid,p.48].’when we
consider this broad sweep of the Hindu
philosophic concepts, it would be
realised that under Hindu philosophy,
there is no scope for ex-communicaing
any notion or principle as heretical and
rejecting it as such.
Thereafter, the basic concepts of Hindu religion, are stated thus:
(35)...The first amongst these basic
concepts is the acceptance of the Veda
as the highest authority in religious
and philosphic matters, This concept
necessary implies that all the systems
claim to have drawn their principles
from a common reservoir of thought
enshrined in the Veda. The Hindu
teachers were thus obliged to use the
heritage they reeceived from the past in
order to make their views readily
understood. The other basic concept
which is common to the six systems of
Hindu philosophy is that all of them
accept the view of the great world
rhythm. Vast periods of creation,
manitenance and dissolution follow each
other in endless succession. This theory
is not inconsistent with belief in
progress: for it is not a question of
the movement of the world reaching its
goal times without number, and being
again forced back to its starting-
point.....It means that the race of man
enters upon and retravels its ascending
path of realization. This interminable
succession of world ages has no
beginning [Indian Philosophy by Dr.
Radhakrishnan, Vol.II, p.26]."It may
also be said that all the systems of
Hindu philosophy belief in rebirth and
pre-existence. Our life is a step on a
road, the direction and goal of which
are lost in the infinite. On this road,
death is never an end or an obstacle but
at most the beginning of new steps [
Indian philosophy by Dr. Radhakrishnan,
Vol.II, p.27]. Thus ,it is clear that
unlike other religions and religions and
religious creeds, Hindu religion is not
tied to any definite set of philosophic
concepts as such."
Adverting to the question whether Hindus worship at their temples the same set or number of gods, it has been observed thus:
(36)....... Indeed, there are certain
sections of the Hindu community which do
not believe in the worship of idols;
and as regards those sections of the
Hindu community which believe in the
worship of idols, Their idols differ
from community to commuunity and it
cannot be said that one definite idol or
a difinite number of idols are
worshioped by all the Hindus in general.
In the Hindu pantheon the first gods
that wete worshipped in Vedic times were
manily Indra, Varuna, Vayu and Agni.
Later, Brahma, Vishnu and Mahesh came to
be worshipped. In course of time, Rama
and Krishna secured a place of pride in
the Hindu pantheon, and gradually as
different philosophic concepts held sway
in different sects and in different
sections of gods were added, with the
result that today the Hindu pantheon
presents the spectacle of a very large
number of gods who are worshipped by
different sections of the Hindus."
However, dealing with the development of the Hindu religion and philosophy from time to time,it is ovserved thus:
(37)....The development of Hindu
religion and philosophy shows that from
time to time saints and religious
reformers attempted to remove from the
Hindu thought and practices elements of
corruption and superstition and that led
to the formation of different sects.
Buddha started Buddhism; Mahavir founded
Jainism; Basava became the founder of
Lingayat religion, Dhyaneshwar and
Tukaram initiated the varakari cult;
Guru Nanak inspired sikhism; Dayananda
founded Arya Samaj, and Chaitanaya
became Bhakti cult; and as result of the
teachings of Remakrishna and
vivekananda, Hindu religion flowered
into its most attractive progressive and
dynamic form. If we study the teachings
of these saints and religious reformers,
we would notice an amount of divergence
in their respective views; but
underneath that divergence, there is a
kind of subtle indescribable unity which
keeps them within the sweep of the broad
and progressive Hindu religion.
"Ultimately, reference is made to the working formula evolved by Tilak and is found to be adequate and satisfactory formula. That working formula is quaoted thus:
"Acceptance of the Vedas with reverence;
recognition of the fact that the means
or ways to salvation are diverse; and
realisation of the truth that the
number of gods to be worshipped is
large, that indeed is the distinguishing
feature of Hindu religion. [B.G.Tilak’s
Gitarahasaya]."
In Acharya Jagdishwaranand Avadhuta, etc. & Commissioner of police, Calcutta & Anr.[(1984) 1 scr 447], Ranganath Mishra , J. (as he then was speaking for a three-judge Bench of this Court has held that Anand Margis being a collection of individuals who have a system of beliefs with regard to their conducive spiritual well-being, a common organisation and a definitive name, would be a religious denomination within the Hindu religion, inasmuch that satisfy the tests laid down by the constitution Bench of this Court in that regard in Sri Shirur Mutt’s case (supra).
We could now refer to the points arising for our consideration in these appeals and consider them seriatim. point-1 : Point-1:
The learned single Judge of the High Court who decided the Writ Petition, took the view that the followers of Ramakrishna were entitled to protection of Article 30(1) of the constitution of India since the religion preahced and propagated by Thakur Sri Ramakrishna and his great chella Swami Vivekananda, is Ramakrishna religion - a universal religion, different from the Hindu religion. The factors which led the learned single Judge to take the above view in respect of the Ramakrishna religion are the following:
Fundamental tents of Ramakrishna religion set out in the statement of Swami Ramanand in his affidavit filed in opposition to the writ Petition, which according to him made it unique by comprehending all other religions without identifying itself with any of them :
"1. That Thakur Shri Ramakrishna
paramhansa Deva practised various
religions including Islam and realised
the truth underying these religions.
2. That shri Ramkrishna’s spiritual
practice culminated in experience that
all beings are in essence divine and
identical with Eternal Existence,
Consciousness and Bliss, and that the
ultimate aim of human life is to realise
this Truth and attain eternal life.
3. Shri Ramkrishan discovered that the
same Eternal Truth underlies all
religious, whichis the essence of all
scriptures. That all religions are true.
4.According to Shri Ramkrishnan,
Religion is not an end in itself but is
a means to achieve the said aim of human
life.
5. He (Ramkrishan) proclaimed that all
religions are only diferent paths
leading to the same goal.
6. He (Ramkrishan) preached that sevice
to man as the veriable manifestation of
God, in a spirit of worship, is a sure
way to realise the Truth.
7. Accepting all religion to be true
he (Ramakrishna) prohibited condemnation
of any of them."
Most important features of Ramakrishan religion, set out by Swami Ramananda in his affidavit in opposition, which according to him distinguished Ramakrishan religion froma ll other cults or religions including traditional HInduism:
"(i). The religion of Shri Ramkrishna
looks upon Sri Ramkrishna as an
illustration and emobdiment of the
Religion Eternal which constitutes the
core of all religious ideals and permits
his worship through his image (like
portraits, photos, statues, etc.) relics
or otherwise with or without any ritual
or ceremony.
(ii) It not only tolerates all
religions, but also accepts them all to
be true, and it considers all religions
to be only different paths leading to
the same goal. whereas other religions
claim absolute authority in all maters
to the exclusion of all others.
(iii) It believes that the underlying
truth in all religions is the same
Eternal Truth which is the essence of
the scriptures of all religions."
Further statement made in the self-same affidavit by Swami Ramananda:
"... that the followers of this religion
or cult of Shri Ramkrishan believe in
and practise the unversal resligion of
all times, as practised and preached by
him. They believe in the universal
brotherhood of all irrespective of
caste, colour, cread community, language
or nationality, Amongst the followers of
Shri Ramkrishna’s religion. there are
persons coming from Hindu fold as well
as from the followers of Islam,
Christianity and other religions." Remark of notable historian Arnold Toyanbee:
"Shri Ramkrishna’s message was unique in
being expressed in action....Religion is
not just a matter for study, it is
something that has to be experineced and
to be believed, and this is the field in
which Shri Ramkrishna manifested his
uniqueness.... His religious activity
and experience, were, in fact,
comprehensive to a degree that had
perhaps never before been attained by
any other religious genious in India or
elseehere.
Statements of Swami Viekananda made at different times:
"What is wanted is power of organisation
do you understand me?..We want some
disciples fiery youngmen...do you see?..
intelligent and brave who dare to go to
the jaws of death and are ready to swin
the ocean across. Do you follow me? We
want hundreds like that... both men and
women. Try your utmost for that and
alone.make convers right and left and
put them into our purity drilling
machine."
"And together we conceived that this
ideal had to spread and not only spread,
but made practical. That is to say, we
must show the spirituality of the
Hindus, the mercifulness of the
Buddhists, the activity of the
Christians, the brotherhood of
Mohammadans, by our practical lives, We
shall start a universal religion now an
here."
"Each soul is potentially divine, the
goal is to manfest this divinity within,
by controlling nature external and
internal. Do this either by work or by
worship by one or more, or all of them
and be free,"
"I have a message and I will give it
after my own fashion, will neiter be
HInduism, nor Christianism and that is
all. Liberty, Mukti is all my religion."
"I shall inspire men everywhere ,untill
the world shall know that it is one with
God."
Swami Jyotishwarananda’s statement:
" The Ramkrishna Mission is
preeminently a religious body in service
forming a part of Sadhana or spiritual
practice, It stands on the universal
ideals of religion. Its numerous
preaching centres in India and America
are trying to spread through the life
and thought of their members a true
knowledge of religion in its all
embracing aspects and also to promote
fellowship amongst the followers of
different religions of the world, which
are in fact as Sri Ramkrishna realised,
so many forms of the Eternal and
Universal Religion."
Objects of Ramkrishna Math:
"1.The Ramakrishna Math, otherwise
called the Belur Math, is an institution
of Sannyasins, established to help
individuals as to work out their own
liveration and also to trai them to
serve the world in every possible way
along the lines laid down by factors on
which the learned single Judge had based
his views on the subject. However, the
Division Bench has sought to point out
how Swami Vivekananda in the latter days
of his life changed his thoughts on
religion influenced by Western thought
and way of life and propounded a world
religion, by refferring to what was said
of him others:
"42. Unodoubtedly, thoughts of Sri
Ramakrishna and Swami Vivekananda were
based on Vedanta. But their philosophy
and religion were not indetical with the
Triditional Vedantabad. Dr, Satish
Chandra Chatterjee, romerly Head of the
Department of Philosophy, Calcutta
University, in his work, ’Classical
Indian Philosophers : their Syntheses in
the the University of Calcutta, 1963,
has Samanvaya Vedanta in the sense of
being a synthesis of all the schools of
Hindus Law Dr. Chatterjee in Chapter-x
of the said book has discussed in detail
the said philosophy of Sri Ramakrishna.
He has, inter alia, observed that Sri
Ramakrishna’s experiences go beyond the
Veda and Vedanta. According to him, the
impersonal absolute and the personal god
are not two different realities
unrelated to each other, nor are the
different realities insparably related
to each other as substance and quality.
They are same realities in diffreent
states. According to the learned
authour,Bramhana is not different from
Sakti or Kali in point of Reality. Shri
Ramakrishna held that Bramhana is
present in every though and being the
Universe. Sri Ramakrishna held that
Bramahana is present in every thoutht
and being the Universe. Sri
Ramakrishna’s teachings lay down a
rational basis for reconciliation of
different and conflicating systams of
philosophy and religion. Dr. Chatterjee
in his said book observes that religion,
according to Sri Ramakrishna,is neither
religious knowledge about God, nor
philosphical speculation on God; it is
the direct experience or realisation of
God. Sri Ramkrishna’s conception that
the end of man’s life is realization of
the divine in him, was not indentical
with the tradtitional Hindu view of
life. One of the most remarkable traits
of Sri Ramakrishna’s religion was his
doctrine of harmony of religions. He not
only taught University Harmony but he
himself demonstrated it.
43. Thus although thoughts of Sri
Ramakrishna and Swami Vivekananda were
based on Vedanta, thier thought and
action did not remian strictly within
the limits of ancient Vedantic thought.
The writings and speeches of Swami
Vivekananda also clearly indicate his
gradual transition from a preacher of
Hindu thought into a world missionary.
Swami Vivekananda’s views on religion
did not remain static and unchanged.
Therefore. stray quotations given from
his various writings and speeches may
not depict his true views on religion.
With his greater and grater acquantance
with the western thought and ways of
life, Swami Vivekananda’s own ideas
about religion and its significances
underwent change. He had began to lay
grater and greater stress on the unity
of religions. He came gradually to
believe in and propunded world religion.
Swamiji persistently sought to formulate
on the basis of Sri Ramakrishna’s
teachings of One Principle behind all
religious phenomenon. Miss Marie Louse
Burke in her book ’Swami Vevekananda in
the West’ Vol. II, had observed that
from the summer of 1894 anoward
simultaneous development keeping pace
with one another were taking place in
Swamiji’s thought along three lines.
There was an evolution in his message,
the change in his plan and work and the
increasing degree in which he identified
his own message with Vedanta. According
to the learned author, all three were
aspects of a single event - the
emergence of his world mission,
According to Miss Burke, Swamiji did not
teach the orthodox Vedanta in every
respect. He mixed with it, for instance,
a great deal of Sankha in order to
answar some of the questions posed by
modern knowledge. The learned author his
answered the question why Swamiji gave
the name Vedanta to his Principles pf
Religion. She thinks that, on the face
of it, it was not necessary,. for as
Swami Vovekananda himself often
observed, these principle have always
existed in greater or lesser degree in
every religion. He wrote the real thing
is the religion taught by Sri
Ramakrishna; let the Hindus call it
Hinduism and the other call it in their
own way" According to Miss Burke, one
obvious andimportant reason of calling
his religion by specific name was that
the name Vadanta already existed. One
religion in all its aspects had been
alreaduy formulated for thousands of
years and called Vadanta. Miss Burke
has given two other reasons, first Swami
Vivekananda attempted throughtout to
define harmony of religion in the truest
sense and had concluded that it
consisted in the recongnition of the
unity of religions or rather in the
recognition of religion. Another reason
why Swamiji wanted to give a name to one
religion was that he was not only
ensuring purity of his principles but to
make it possible for any one to follow
these principles without first attaching
himself to specific creed and burdening
himself with some forms and ceremonies
not neceassary to him One would become a
Vadantic and go straight to the heart of
the religion.
Can the aforesaid view of the learned single Judge of Calcutta High Court that there came into existence Ramakrishna religion, distinct and aprt from Hindu religion, as upheld by learned Judges of the Division Bench of the same High Court by its Judgment impugned in the present appeals, be sustained for the reasons stated by them including the special reson put forward by learned Judges of the Division Bench that thoughts of Ramakrishna and Swami Vivgekananda although were based on Vendanta, writings and speeches of Swami Vovekananda show that even thought he had grown as a praccher of Hindus thought (Hindus religion), he converted himself into a preacher of world religion different from Hindu religion, in latter years of this life being influenced by his greater acquaintance with western thought and way of life. In shch view of the learned single Judge, as upheld by the learned Judges of the Division Bench of the High Court came in direct conflict with the view of Hindu religion enunciated by the Constitution Bench of this Court in its Judgment in the case of Shastri Yagnapurushadasji (supra) by according its approval to what is stated in that regard by great philosophers and historians or of broad features of Hindu religion laid down by this Court in that Judgment or with the views hedl by Ramakrishna himself, on Hindu religion and the Hindu way of life led by him or of what was spoken of Ramakrishna as the great saviour, reviver and rejuvenator of Hindu religion by world thinkers, philosophers, historians and his disciples, or the utterances of Sri Ramakrishna and Swami Vivekananda, which show that they alwayds continued as Hindus professing Hindus religion and never discowned or discardefd their Hindu status or Hindu religion.
The Constitution Bench of this Court in Shashtri Yaganapurushadasji (supre) when had occasion to deal with the question what Hindu religion has been, on consideration of diverse aspects of the questions before it, not merely expressed its clear views thereon, viz., (i) that unlike other religouns in the world Hindu religion does not claim any one prophet; it does not worship any one God; it does not follow any one set of religious rites or performances; and thus when it does not appear to satisfy any of the narrow traditional features of any religion or creed, it may broadly be described as a way of life and nothing more; (ii) that unlike other religions Hindu religion is not tied to any definite set of philosophic concepts as such; and (iii) that thought philosophic concepts and principles evolved by diffenrent Hindu thinkers and philosophbers varied in may way and even appeared to conflict with each other in some particulars, they all had reverence for the past and accepted the Vedas as the sole foundation of Hindu philosophy; but also clearly accorded its approval to the views of Hindu religion expressed by Monier Willams to the effect that the Hindu religion is a reflection of the composite character of the Hindus, who are not one people but may based on the idea of universal receptivity ever aimed at accommodating itself to circumstances, having swallowed, digested and assimilated something from all creeds, and to the view of Hindi religion expressed by Dr. S. Radhakrishna ’that Hindu religion because of the teachings of Ramakrishna and Vivekanda has flowered into its mosts attractive, progressive and dynamic form.’
Since the afore-mentioned views that there came into existence Ramakrishna religion, as such , distinct and apart from Hindu Court deciding the writ petition and the learned Judges of the Division Bench of the High Court deciding the appeals are quite contrary to and directly conflict weith afore-referred views of the Constitution Bench of Hindu religion enunciated in the case of shastri Yaganapurushdasji (supra), the views of the learned Judges of the High Court that there came into existence a Ramakrishna religion which was different and distinct from Hindu religio9n cannot, in our view, stand and become unsustainable.
Features of Hindu religion recognised by this Court in shastri Yaganapurashdasji (supra) as coming within its broad sweep are these ;
(i) Acceptance of the Vedas with reverence as the highest authority in religious and philosophic matter and acceptance with reverence of vedas by Hindu thinkers and philosophers as the sole foundation of Hindu philosophy .
(ii) Spirit of tolerance and willingness to understand and appreciate the opponent’s point of view based on the realisation that truth was many-sided.
(iii) Acceptance of great world rhythm, vast period of creation, maintenance and dissolution follow each other in endless succession, by all six systems of Hindu philosophy .
(iv) Acceptance by all systems of Hindu philosophy the belief in rebirth and pre-existence .
(v) Recognition of the fact that the means or ways to salvation are many .
(vi) Realisation of the truth that Gods to be worshipped may be large, yet there being Hindus who do not believe in the worshipping of idols .
(vii) Unlike other religions or religious creeds Hindu religion not being tied-down to any definite set of philosophic concepts, as such .
Ramakrishna - according to Aurobindo :
".... in him the spiritual experiences
of the millions of saints who had gone
before were renaewed and united . Sri
Ramakrishna gave to Inmdia the final
message of Hinduism to the world. A new
era dates from his birth... Hinduism as
summed up in the life of Sri
Ramakrishna has to attempt for all...."
[World Thinker on Ramakrishna ,
Vivekananda, p.36 ]
Ramakrishna - according to Anold toynbee :
" Sri Ramakrishna’s message was unique
in being expressed in action , the
message itself was the perennial message
of Hinduism." [Ramakrishna AndHis Unique
Message - by Swami Ghananda, p.10 ]
Ramakrishna - according to Prof. s. Radhakrishnan :
"He has helped to raise from the dust
the fallen standard of Hinduism, not in
words merly, but in works too."
[Ramakrishna Ane His Unique Message,
p.29]
Ramakrishna’s view of Hindu religion :
"Hindu religion alone is the Sanatan
Dharma. Various creeds you hear now a
days have come into existence through
the will of God and will disappear again
through his will. They will not last
for ever. Therefore, I bow down at the
feet of even the modern Devotees. The
Hindu religion has always exixted and
will always exist." [The Gospel of Sri
Ramakrishan, Vol. II, p.642 ]
Swami vevekananda’s view about his Master’s ( Ramakrishna’s ) relogion :
" Then it was that Sri Ramakrishna
incarnated himself in India to
demonstrate what the true religion of
the Aryan race is, to whow where amidst
all its many divisions and off-shoots,
scattered over the land in the course of
its immemorial history, lies the true
unity of the Hindu relilgion ...... "
" All that I am , all that the world
itself will some day be ,is owing to my
Master, Sri Ramakrishna, who incarnated
and experienced and taught this
wonderful unity which under lines
everything, having discovered it alike
in Hindusim, in Islam and in
christianity." [Ramakrishna And His
Message , p.57]
Address given by Swami Vivekananda at the World’s parliament of Religion at chicago on 11th September, 1893 Since assumes great significance, the same being accepted as the thoughts of Ramakrishna expressed on religion, through his principal disciple Swami Vivekananda, the importantpassages therein which bear on reliogion of Ramakrishna and his disciple Swami Vivekananda, are excerpted :
" It fils my heart with hoy unspeakablt
to rise in response to the warm and
cordial welcome which you have given us.
I thank you in the name of the
mostancient order of monks in the world;
I thank you in the name of the mother
of religions ; and I thank you in the
name of the millions and millions of
Hindu people of all cclsses and
sects.........
I am proud to belong to a religion which
has taught the world both tolerance and
universal acceptance. We believe not
only in universal toleration, but we
accept all religions as true . I am
proud to belong to a nation which has
sheltered thew persecuted anbd the
refugees of all religions and all
nations of the earth........
I am a Hindu. I am sitting in my own
little well and thinking that the whole
world is my; little well. The Christian
sists in his little well thinks the
whole world is his well. The Mohammedan
sits in his little well and thinks that
is the whole world. I have to thank you
of America for the great attempt you are
making to break down the barrier of this
little world of ours. and hope that, in
the future, the Lord will help you to
accomplish your purpose .......
" From the high spilritual flights of
the Vedanta philosophy, of which the
latest discoveries of science seem like
eachoes, to the low ideas of idolatry
with its multiflavour, mythology, the
agnosticism of the Buddists and the
atheism of the Jains, each and all have
a place in the Hindu’s religion.....
Here it may be said that these laws as
laws may be without end, byt they; must
have had a beginning. The Vedas teach us
that creation is without beginning or
end, Science is said to have proved
thatr the sukm total of cosmis energy
is always the same. Then , if there was
a time when nothing exixted where was
all these manifested energy."
Coming to the paper on Hinduism read by Swami Vivekananda on Idolatry at the said parliament of Religion on 19th September, 1893 :
" One thing I must tell you. Idolatry in
India does nbot mean any thing forrible.
It is not the mother of harlots. On the
other hand , it is the atempt of
undeveloped minds to grasp high
spiritual truths . The Hindus have their
faults, they sometimes have their
exception; ;by;t; mark this, they are
always for punishing their own bodies,
and never for cutting the throats of
their neighnbours."
" The Lord has dedclared to the Hindu
in His incarnation as Krishna; ’ I AM
IN EVERY RELIGION AS THE THREAD THROUGH
A STRING OF PEARLS. WHEREVER THOU SEEST
EXTRAORDINARY POWER PAISIING AND
PURIFYING HIMANITY, KNOW THOUGH THAT I
AM THERE.’"
Again speaking at the World’s Parliament of Religions on 20th September, 1893:
"In India , during the terrible
famines, thouosands died from hinger,
yet you christins did noting . You erect
churches all through India, but the
crying evil in the East in not religion
- they have religion enough - but it is
bread that the sufferoing millions of
burning India cry out for with parched
throats, They ask us for bread, but
we give them stones. It is an insult to
a starving people to affer them religion
; it is an ilnsult to a straving man to
teach him metaphysics. "
" The religion of the Hindus is divided
into two parts, the ceremonial and the
sdpiritual ; the spiritual portion is
specially studied by the monks. "
" In that there is no cast. A man from
the highest cast and a manb from the
lowest may becomes a monk in India and
the two castes become equal. In religion
there is no caste is simply a sicial
Instituion."
Other exortations of Swami Vivekananda on Hindu religion (Hinduism) :
Three religions now stand in the sorld
which have come down to us from time
prehistoric - Hinduism, Zoroastrianism
and Hudaism. They have all received
tremendous shocks and all of them
prove, by their survival, their internal
strength . But while Judaism failed to
aborb christinaity and was driven out of
its place of birth by its allconquering
daughter, and a hanful of Parsees is all
that remains to tell the tale of their
grand religion, sect after sect arose in
India and seemed to shake the tale of
their grand religion, sect after sect
arose in India and seeded to snake the
religion of the Vedas it its
foundations, but like the waters of the
seashore in a tremendous earthquake, it
receded only for a while only to return
in an all - absorbing flood, a thousand
times more vigorous, and when the tumult
of the rush was over , these sects were
all sucked in , absorbed and
assimilated into the immense body of the
mother faith. (1.6)
From the high spiritual flights of the
Vedanta philosophy, of which the latest
discoveries of science seem like echose,
to the low ideas oif idolatry with its
multifarious mythology, the agnosticism
of the Budhists, and the atheism of the
Jains,m each and all have a place in the
Hindu’s religion.(1.6)
The Hindu religion does not consist in
struggles and attmpts to believe a
certaimn doctrinme or dogma, but in
realising -not in bel;ieving, but in
being and becoming, Thus the whole
object of their system is by constant
struggle to become [erfect, to become
divine, to reach God and see God, and
and this reaching God, becoming perfect,
even as the Father in Heaven is perfect,
constitutes the religious of the
Hindus.(1.13)
We not only toleratate, but we Hindus
accept every religion, praying in the
mosque of the Mohammadans, worshipping
before the fire of the Zorestrians, and
kneeling before the cross of the
Christians, knowing that all the
religions, from the lowest fetishism,
mean so many attempts oif the human soul
to grasp and realise the infiniate, each
determined by thencxonditions of its
birth and association, and each of them
makeing a stage of progfress, We gather
all these flowers and bind them with the
twine of love, making a wonderful
bouquet of worship. (1.331-32)
The religion of the Vedanta can satisfy
the demands of the scientific world, by
referring it to the highest
generalisation and to the law of
evolution.
Vedanta lays down that each man shopuld
be treated not as what he manifests, but
as for the divine, and therefore, every
teacher should be helpful, not by
condemning man, but by helping him to
call forth the divinity that is within
him. (1.388)
In India there never was any religious
persecusion by the Hindus, but only that
wonderful reverence, which they have for
all the religions of the world. (1.391)
If your mind says something and the
Vedas say something else, stop your mind
and believe in the Vedas. (1.452)
Not only is Vedanta the highest
philosophy in the world, but it is the
greatest poem. (1.499)
In one word, the ideal of Vedanta is to
know man as he really is, and this is
its message, that if you cannot worship
your brother man, the manifested God,
how can you worship a god who is
unmanifested ? (11.325-26)
Taking country with country, there is
not one race on this earth to which the
world owes so much as to the patient
Hindu, the mild Hindu. The mild Hindu’
sometimes is used as an expression of
reproach; but if ever a reproach
concealed a wonderful truth, it ismin
the term the mild Hindu’ who has always
been the blessed child of god. (11.105).
One thing we may not that wereas you
will find that good and great men of
other countries take pride in tracing
back their descent to some robber-baron
who lived in a mountain fortress and
emerged from time to time to plunder
passing wayfares, we Hindus, on the
other hand, take pride in being the
descendants of Rishis and sages who
lived on roots and fruits in Mountain
and caves, meditating on the Supreme.
(111.139)
We must remember that for all periods
the Vedas are the final goal and
authority, and if the Puranas differ in
any respect from the Vedas, that part of
the Puranas is to be rejected without
mercy. (111.173)
Here we are, the Hindu race, whose
vitality, whose life-principle, whose
very soul, as it were, is in religion.
(111.177)
....I think that it is Vedanta, and
Vedanta alone that caan become the
universal religion of man, and no other
is fitted for the role. Excepting our
own, almost all the other great
religions in the world are inevitable
connected with the life or lives of one
or more of their founders. All their
theories, their teachings, their
doctrines adn theior ethics are build
round the life of a personal founder
from whom founder from whom they get
their sanction, their authority and
their power; and, strangelky enough,
upon the historicity of the founder’s
life is build, as it were, all the
fabric of such religions. If there is
opne blow dealt to the historicity of
that life, .....if that rock of
hostoricity....is shaken and shattered,
the whole building tumbles down, broken
absolutely, never to regain oits lost
status.
Every one of the great religions in the
world, excepting our own, is build upon
such historical charactorers; but ours
rests upon principles. Their is no man
or woman who can claim to have created
the Vedas. They are the embodiment of
enternal principles; sages discovered
them.....(111.182-83)
India alone was to be, of all lands, the
land of toleration and of
spirituality;... For one of the greates
t sages that was ever born found out
here in India even at theat deistant
time, whichj history cannot reach, and
intom whose gloom even tradition itself
dares not peepin that distent time the
sage arose and declared Ekkam Sad Vipra
bahuda Vadanti - ’he whop exists is one;
of the most memorable sentences’. This
is opne of the most memorable sences
that was evcer uttered, one of the
grandest truths that was ever
discovered. And for us Hindus the truth
has been the very backbone of our
nations existence. For throughout the
vistas of the centuries of our national
life this one idea- Ekkam Sad Vipra
bahuda Vadanti - comes down gaining in
volume and in fullness till it has
permeated the whole of our national
existence, till it has mingled in our
blood, and has become one with us. We
live that grand truth in every vein, and
our countryu has become the glorious
land of religious tolerance. It is here
and here alone that they build temples
and churches for the religious which
have come with the object of condemning
our own religion. (111.186-87)
....our religion is not based upon
persons but on principles. That yopu
obey ypur religion is not becaous it
came through the authoprity of a sage,
no, not even of an Incarnation, Krishna
is not the authority of the Vedas, but
the Vedas are the authority of Krishna
himself. His glory is that he is the
greatest preacher of the Vedas that ever
existed. (111. 249)
The Hindu can worship any sage and any
saint from any country whatsoever, and
as a fact we know that we go and worship
many times in the churches of the
Christians, and many, many times inm the
Mohammadan mosques and that is good. why
not? Ours. as I have said, is the
Universal religion. It is inclusive
enough, it is broad enough to include
all the ideals. All the ideals of
religion that already exist in the world
can be immediately included., and we can
patiently wait for all the ideals that
are to come in the future to be taken in
the same fashiom, embraced in the
infinite arms of the religion of the
Vedanta. (111.251-52)
Ours is the religion of which Budhism,
with all its greateness, is a rebel
child , and of which Christianity is a
very patchy imitation. (111.275)
Ours is the only religion that does not
depend on a person or persons; it is
based upon principles. (111.280)
...this religion of ours admits of a
marvellous variation, an infinite amount
of liberty to think and live our own
lives...(111.286087).
If there is any sect here which believes
that OM ought not to be the symbol of
Hinduism, it has no right to call itself
Hind. (111.302)
Whether we are conscious of it or not,
we think the Vedanta, we live in the
Vedanta, we breathe the VEdanta, and we
die in the VEdanta, and every Hindu does
that. To preach VEdanta in the land of
India, and before an Indian audience,
seems therefore, to be amn anomaly. But
it is the one thing that has to be
preached and it is the necessity of the
age that it must be preached. (111.323)
It at present the word Hindu means
anything bad, never mind; by our action
let us be ready to show that this is the
highest word and any language can
invent. It has been one of the
principles of my life not to be ashamed
of my opwn ancestors......(111.368-69)
Any, when a man has begun to hate
himself, then last blow has come. When a
man has begun to be ashamed of his
ancestors, the end has copme. Here an I,
oine of the least of the Hindu race, yet
proud of my race, proud of my ancestors.
Iam proud to call myseld a Hindu, I am
proud that I am one of your unworthy
servants. I am proud that I an a
countryman of yopurs; - you, the
descenmdants of the sages, you the
descendants of the most glorieous Rishis
the world ever saw. Therefore, have
faith in yourselves, be proud opf your
ancestors, instead opf being ashamed of
them. (111.381)
I found Hinduism to be the most
perfectly satisfying religion in the
word. (111.449)
The principles of the vedanta not only
should be preached everywhere in India,
but also outside, Our thought must enter
into the mane-up of the minds of every
nation, not through writings, but
through persons. (IV.311)
No religion onm earth preaches the
dignity of humanity in such a lofty
strain as Hinduism, and no religion on
earth treads upon the necks of the poor
and the low in such a fashion as
Hinduism. (V.15)
The Hindu must not give up his religion,
but must keep religion within its proper
limits and give freedonm to society to
grow, All the reformers in India made
the serious mistake of holding religion
accountable for all the horrors of
priestcraft and degreratiuon and went
forthwith to pull down the
indestructible structure and what was
the result? Failure (V.22)
I want to see you, Swami’, asked the
correswpondent of Prabhudha Bharata, ‘on
this matter of receiving back into
Hinduism those who ahve been perverted
from it. Is it your opinion that they
should be received?’
Certainly’, said the Swami, ‘they can
and ought to be taken’. (V.233-34)
Most of the Upanishads were written by
kshtriyas, while the ritualistic
portions of the Vedas came from the
brahmins (V309)
One peculiarity of the Vedas is that
they are the only scriptures that again
and again declare that uyou mist gfo
beyond them. The Vedas say that they
were written just for the child mind;
and when you have grown, you must go
beyond them. (V.311)
The Vedas, i.e. only those portuions of
them which agree with reason are to be
accepted as authority. Other Shastras,
such as Purana, etc. are only to be
accepted so far as theyu dol bnoit go
against the Vedas. All the religious
thoughts that have come subsequuent to
the Vedas, in the world, in whatever
part of it, have been derived from the
Vedas. (V.315)
In Vedantamthe chief advantagem is that
it was not the work of one single man:
and, therefore, naturall;y, unlike
Budhism of Christianity or
Mohammedanism, the prophet opr teacher
did not entire,ly swallow up or
overshadow the principles. (VI.7)
The religion of the Vedas is the
religion of the Hindus, and the
foundation of all Oriental religions:
that is, all other Oriental religions
are offshoots of the Vedas; all Eastern
systems of religion have the VEdas as
authority. (VI.48)
Hinduism is the very genious of
absorption. We have never cared for
fighting. of course, we could strilke a
blow now and then , in defence of our
homes. That was right. But we never
cared for fighting for its own sake.
Every one had to learn that. So let
these reces of new comers whirl on .
Theyu will all be taken into Hinduism in
the end. (VIII.266)
[Hinduism by Swami Vivekananda,
published by Shri G.M. Jagtiani]
This is the gist of all worshipto be
pure and to do good to others. He who
sees Sivas in the poor, in the weak, and
in the diseased, reallyt worship[s Siva;
and if he sees Siva only in the image,
his worship is but preliminary.
(111.141-42)
The only way of getting our divine
nature manifested is by helping others
to do the same. If there is inequality
in nature, still ther must be equal
chance for allor if greater for some
and for some lkessthe weakere should
be given more chance than the strong. In
other words, aBrahmana is not so much
in need of education as a Candala. If
the son of the Brahmana needs one
teacher, that of a Candala needs ten.
For greater help must be given to him
whom nature has not endowed with an
acute intellect from birth. It is a
m,adaman who carries coals to newcastle.
The poor, the downtrodden, the ignorant
- let these be your god. (VI.319)
There are many things to be done, but
means are wanting in this country. We
have brains, but no hands. We have the
doctrine Vedanta, but we have not the
power to reduce it into practice. In our
books, there is the codtrine of
universal equality, but in work we make
great distinctions. It was in India that
unselfish and disinterested work of the
most exalted type waspreached, but in
practice we are awfully cruel,
awfdulklky heartless - unable to think
of anything bedises our own mass-of-
flesh bodies.... I too believe thjat
India will awake again, if anyone could
love with all his heart the people of
the countrybereft of the grace of
affluence, of blasted fortune, their
discretion totally lost, down-trodden,
ever-starved, quarrelsome, and envious.
Then only will India awake, when
hundreds of large-hearted men and women,
giving up all desires of enjoying the
luxuries of life, will long and exert
themselves to their utmost for the well-
being of the millions of their
countrymen who are gradually sinking
lower and lkower in the vorted of
destitution and ignorance. (V.125-26)
Carry the light and the life of the
VEdanta to evry door, and rouse up the
divinity that is hidden within every
soul. (111.199)
[Vivekananda - His call to the n\Nation,
pp.64, 86-87 and 89]
Shri C. Rajagopalacharia, the great scholar speaks of the greatness of Swami Vivekananda thus:
"Swami Vivekananda saved Hinduism and
saved India. But for jim we would have
lost our religion and would not gain our
freedom." [World Thinkers on
Ramakrishna, Vivekananda, p.54].
Thus, from what is said of Ramakrishna and Swami Vivekananda and of their religion by great worls thinkers and philosophers, the glory of Ramakrishna is that he preached and made his principal disciple Swami Vivekananda to preach the religion of Vedanta which is the religion of Hinduis, as the message of Hinduism or Hindu religion to the people of the entire world for their future survival, good and prosperity, that is, the worship of brother m,an, the manifested God, the living God, the human soul in the body.
When Shri Ramakrishna was approached by Narendra (Swami Vivekananda) to bless him with ‘Nirvikalpa Samadi’ the highest spiritual experience, the admonitionm he got from his master Ramakrishna, being shame on you, I thought you would grow, like a banayan tree, shetlering thousands from scorching of the world. But now, you seek your own liberation. The same, demostrates that Ramakrishna wanted his principal disciple to bring home to the world the religion of Vedanta which is the religion of Hindus, that is ‘worship of man is worship of god’.
Again from what could bne seen from the aforesaid features adverted to be this Court as falling under the broad sweeep of Hinduism, and as the thoughjts of Ramakrishna of hinduism, and as the thoughts of Ramakrishna on Hinduism and as to what great thinkers, philosophers of the world have said of the highest contribution made by the great saint Ramakrishna to Hinduism and as to what Ramakrishna has himself said of Hinduism and again as to what Ramakrinshan’s disciple Swami Vivekananda has said of the Hinduism of his master Ramakrishan, a Hindu of Hindu religion, we find it difficult to accept, with great respect, the view of the learned single Judge of Calcutta High Court, who decided the writ petition and the view of the learned Judges of the Division Bench of the Calcutta High Court, who decided the writ appeals, taken for upholding the claim put forward on behald of the Ramakrishna Mission and the Ramakrishna Mission College, that Ramakrishna religion was distinct and separate from the Hindu religion and it was a minority religion in the State of West Bengal. The peculiar circumstances which led Ramakrishna Mission to make a claim that Ramakrishna religion was a distinct and separate religion from Hindu religion and, therefore, a minority religion having the protection of Article 30(1) of the Constitution, to save the Ramakrishna Mission College for Ramakrishna Mission and all other educational institutions established and administered by Ramakrishna mIssion or its branches from being taken away under opne pretext or the other by the State Government, should not have been found favour by the learned Judges of the High Court for declaration that Ramakrishna religion as a minority religion entitled to protection under Article 30(1) of the Constitution of India, when such claim made on behalf of Ramakrishna Mission was based not on the sayings, teachings, preachings or practices of Ramakrishna and Swami Vivekananda pertaining to Hinduism not tied-down to any definite philosophic concepts, to which we have adverted to, but on supposed statements made by Swami Vivekananda without indicating context or place and time in which they were made. Even otherwise those statements, as they stand, do not indicate that Ramakrishna brought into existence his own religion and called it Ramakrishna religion. Such declaration ignores the reality that Ramkrishna, the great saint had been born in Dakshineswar as an Avatar of both Rama-the embodiment of truth and Krishna - the embodiment of love, the epic Heroes of Hindus to save Hinduism from extinction and rejuvenate it to serve the whole humanity by expounding great principles of Vedanta, the religion of Hindus. In the words of Swami Vivekananda himself, Hinduism being the religion of Vedanta can satisfy the human needs of the scientific world by referring to it as the highest generalisation and the law of evolution, and further referring to it, as the only religion that does not depend on a person or persons and taking pride of calling himself a Hindu, which were:
"Ay, when a man has begun to hate
himself, then the last blow has come.
When a man has begun to be ashamed of
his ancestors, the end has come. Here am
I, one of the least of the Hindu race,
yet proud of my race, proud of my
ancestors. I am proud to call myself a
Hindu."
The views expressed by the learned single Judge of the Hindu Court deciding the writ petition and the learned Judges of the Division Bench deciding the writ appeals that Sri Ramakrsihna brought into existence, during hs life time, by his practices and teachings a religion distinct and different from Hindu religion and it was Ramakrishna universal religion, indeed, goes against the philosophy of Hindu religion as expounded, practiced and preached by Shir Ramakrishna himself and latter propagated to the whole world by his principal disciple Swami Vivekananda and other disciples. In this context, a passage from the Gospel of Sri Ramakrsihna’ which contains the view of Ramakrishna on Hindu religion is worth reiteration:
"Hindu religion alone is the Sanatan
Dharma. Various creeds you hear nowadays
have come into existence through the
will of God and will disappear again
through his will. They will not last for
ever. Therefore, I bow down at the feet
of even the modern Devotees. The Hindu
religion has always existed and will
always exist."
Speaking of greatness of Ramakrishna, Swami Vivekananda, the already adverted to by us, said thus :
"....Sri Ramakrishna incarnated himself
in India to demostrate what the true
religion of the Aryan race is, to show
where amidst all its many divisions and
off-shoots, scattered over the land in
the course of its immemorial history,
lies and true unity of the Hindu
religion...."
In the World’s Parliament of Religions at Chicago, Swami Vivekananda, who claimed himself to be a Hindu, spoke of his Hindu religion which require reiteration :
"I am proud to belong to a religion
which has taught the world both
tolerance and universal acceptance...."
Again speaking of Hindu religion, whathe stated requires reiteration:
"......all have a place in the Hindu’s
religion......"
Speaking of the ideal of Vedanta and its message, to which we have adverted to, Swami Vivekananda has said thus :
"In one word, the ideal of Vedanta is to
know man as he really is, and this is
its message, that if you cannot worship
your brother man, the manifested God,
how can you worship a God who is
unmnifested?"
Again what according to Swami Vivekananda Vedanta says requries reiteration :
"The Vedanta says, there is nothing that
is not God.... The living God is within
you and yet you are building chruches
and temples and believing all sorts of
imaginary nonsense. The only God to
worship is the human soul in the human
body."
Then speaking of Upnisads, Swami Vivekananda at one stage administered a w arning to Europe thus:
"Europe, the centre of the manifestation
of material energy, will crumble into
dust within fifty years, if she is not
mindful to change her position, to shift
her ground and make spirituality the
basis of her life. And what will save
Europe is the religion of the Upanisads"
Warning given not to give up Hindu religion, but to keep religion within proper limits and give freedom to society to grow the Swami Vivekananda requires reiteration :
"No religion on earth preaches the
dignity of humanity in such a lofty
strain as Hinduism, and no religion on
earth treads upon the necks of the poor
and the low in such a fashion as
Hinduism."
"The Hindu must not give up his
religion, but must keep religion within
its proper limits and give freedom to
society to grow. All the reformers in
India made the seriours mistake of
holding religion accountable for all the
horrows of priestcraft and degeneration
and went forthwith to pull down the
indestructible structure and what was
the result? Failure."
What is referred to above by us, as to what is said by Ramakrishna of Hindu religion and what is said by Swami Vivekananda of Vedanta, the very sould of Hindu religion and its message that service to man is service to God’ makes it abundantly clear that Ramakrishna brought into existence no religion of his own which was called as universal religon, but gave the message of Vedanta of service to man is service to God’ as the universal principle basic to all religions and it being the message which was preached by Swami Vivekananda as the message given by hsi master based on Vedanta philosophy of Hindu religion, it would be a travesty of truth to say that Ramakrishna created a religion independent, distinct and apart from Hindu religion and called it a universal religion. Indeed, Hindu philosophy by Ramakrishna could be regarded as that expounded by him to serve humanity of the changing world. Shri Ramakrsihna is, therefore, rightly regarded by Hindus, great philosophers and thinkers of the world, who have studies the lives and works of Shri Ramakrishna and his disciples and others as the incarnation of Ramathe truth and Krishna - the love, born in Dakshineswar as great saint, not only to save Hindu religion from its extinction, but to rejuvenate it with the message of Vedanta that service to man is service to God’, calls for our acceptance without any hesitation and the views of the learned single Judge and the views of the learned Judges of the Division Bench of the High Court in the order and judgement under the present appeals that Ramakrishna religion exists apart and distinct from the Hindu religion and it is a minority religion which has the protection of Article 30(1) of the Constitution of India, becomes unsustainable.
We may state, at this stage itself, that Swami Vivekananda changed his views on religion in his latter years, having been influenced by the West, as held by the Division Bench of the High Court, even if true, it is inconceivable that the same can have the effect of Shri Ramakrishna himself bringing up a religion of his own according to the subsequent thinking of Swami Vivekananda. Therefore, the basis of the subsequent thinking of Swami Vivekananda on which the Division Bench of the the High Court held that there came into existence a universal religion of Ramakrishna, cannot be sustained. On the contrary, what becomes obvious and evident from the exortations of Swami Vivekanada himself, to which we have already referred to, what he proclaimed to the world was that it is Vedanta and Vendata alone that can becoem the universal religion of man and it is Hindu religion alon that is fitted t that role, in that, Hindu religion being inclusive and braod enough to include all the ideals of all religions in the world was indeed, the universal religion. Hence, to say or to hold that there came into existence Ramakrishna religion-a universal religion, apart and distinct from Hindu religion would, again be travesty of truth and reality.
For the foregoing reasons, we hold tha the citizens of India residing in the State of West Bengal, who are professing, practising or propagating the religious doctrines and teachings of Ramakrishna and have become his followes, cannot claim to belong to a minority based on Ramakrishna religion which was distinct and different from Hindu religion and as such are not entitled to the fundamental right under Article 30(1) of the Constitution of India, of establishing and administering educational institutions of their choice through Ramakrishna Mission or its branches in that State and answer Point-1 accordingly, in the negative. Point-2:
It is held by a Constitution Bench of this Court in Sri Shirur Math’s case (supra) tha religious denomination is a collection of individuals classed together under the same religious sect or body having a common faith and organisation and disignated by distinctive name, based on the meaning of that phrase found in Oxford Dictionayr. It is alos held therein that such a religlious denomination falls under Article 26 of the Constitution of India. It is further held therein that the followers of Ramanuja, who are known by the name of Shrivaishnavas while consitute a religious denomination of their own, the followers of Madhavacharya and other religious teachers could be regarded as those belonging to their respective religious denominatiosn.
Following the view taken as above as regards ’religious denominations’, by the Constitution Bench of this Court in Sri Shirur Math’s case (supra), a three-Judge Bench of this Court in Acharya Jagadishwaranand Avaduta’s case (supra) speaking through Ranganath Misra, J. (as he then was) has held that ’Ananda Margis’, who are a collection of individuals, who have a system of beliefs with regard to their conducive spiritual well being, a common organisation, a definite name, could be regarded as a religious denomination within the Hindu religion, stating that the tests laid down by the Constitution Bench for regarding a denomination as a religious denomination were satisfied.
In view of the said pronouncements of this Court, persons who claim to belong to religious denomination envisaged under Article 26 of the Constitution can succeed in such claim only when they fulfil or satisfy the tests laid down therein, to wit :
(i) a collection of individuals who have a system of beliefs with regard to their conducive spiritual well-being;
(ii) a common organisation; and
(iii) a definite name.
A Division Bench of the High Court of Calcutta in its Judgment under appeal has held that Ramakrishna Mission is a religious denomination by stating thus :
"The followers of Shri Ramakrishna have
a common faith. They have common
organisation and tehy are designated by
a distinct name."
No good reason is shown to us for not accepting the view of the Division Bench on the point that Ramakrishna Mission or Ramakrishna Math is a religious denomination’. It is not is dispute and cannot be disputed that Sri Ramakrishna could be regarded as eligious teacher who expounded, practised and reached the principles of Vendanta on which Hindu religion is founded, to meet the challenges posed to humanity in the changing world and made his disciples to spread the principles so expounded by him not only in India but all over the world as the basic principles of Hinduism. It cannot also be disputed that the disciples of Ramakrishna formed Ramakrishna Math and Ramakrishna Mission for propagation and promotion of the principles, so expounded, practised and preached by Ramakrishna Parmahansa, by way of publications and building of temples, prayer halls and building of educational, cultural and charitable institutions as performance of sevas resulting in the coming up of organisations as Ramakrishna Maths and Ramakrishna Missions, all over the world. These Maths and Missions of Ramakrishna composed of the followers of principles of Hinduism as expounded, preached or practised by Ramakrishna as hs disciples or otherwise form a cult or sect of Hindu religion. They believe in the birth of sage Ramakrishna in Dakshineswar as an Avatar of Rama and Krishna and follow the principles of Hinduism discovered, expounded, preached and practised by him as those conducive to thier spiritual wellbeing as the principles of highest Vendana which surpassed the principles of Vedanta conceived and propagated by Sankaracharya, Madhavacharya and Ramanumjacharya, who were earlier exponents of Hinduism. Hence, as rightly held by the Division Bench of the High Court, followers of Ramakrishna, who are a collection of indivuduals, who adhere to a system of beliefs as conducive to their sprtitual well-being, who have organised themselves collectively and who have an organisation of definite name as Ramakrishna Math or Ramakrishna Mission could, in our view, be regarded as a religious denomination within Hindu religion, inasmuch as they satisfy the tests laid down by this Court in Sri Shirur Math’s case (supra) for regarding a denomination as a ’religious denomination’.
For the said reasons, we hold that persons belonging to or owing their allegiance to Ramakrishna Mission or Ramakrishna Math belong to a religious denomination within Hindu religion or a section thereof as would entitle them to claim the fundamental rights conferred on either of them under Article 26 of the Constitution of India and anser Point-2, accordingly, in the affirmative. Article 26(a) of the Constitution of India, is an important point that arises for our consideration here.
No doubt a six-Judge Bench of this Court in the case of Siddarajbhai v. State of Gujarat [AIR 1963 SC 540] while considering the question whether the serious inroads made by the Rules and Order issued by the State Government in respect of an educational institution established and administered by a minority entitled to, protection under Article 30(1) of the Constitution of India, speaking through Shah, J.(as he then was) has observed thus:
"Article 26 occurs in a group dealing
with freedom of religion and is intended
to protect the right to manage religious
affairs. By clause (a) of Article 26,
every religious denomination or any
section thereof, hs, subject to public
order, morality and health, the right to
establish and maintain insitutions for
religious or charitable purposes and in
a larger sense an educational
institution may be regarded as
charitable."
But, it was thought not necessary to express any opinion on the plea that the right of petitioners under Article 26(a) was infringed, in that petitioners were entitled to protection of Article 30(1) of the Constitution.
While the learned single Judge of the High Court who decided the Writ Petition took the view that Article 26(a) is confined to institutions imparting religious instructions and not to insitutions imparting general education, the learned Judges of the Division Bench of the High Court deciding the appeal have taken the view that Article 26(a) extends to establsihment and maintenance of religious and charitable institutions including institutions for imparting education and that the essential part of the cult of Shri Ramakrishna being spreading of education of Ramakrishna Mission have the protection of Article 26(a) of the Constitution making it, however, clear that they do not mean to lay down that establishment of educational institutions would be essential matter of their religion.
We think that the learned Judges of the High Court should not have decided on the general question whether educational institutions established and maintained by religious denomination including those established and maintained by Ramakrishna Mission for general education get the protection of Article 26(a) of the Constitution when that question in a general form, was not really at issue before them. Therefore, the views expressed on the question shall, according tous, ought to be treated as nonest and the quesion is left open to be decided in proper case, where such question really arises and all the parties who might be concerned with it are afforded adequate opportunity to have their say in the matter.
As we have pointed out while narrating the facts, which gave rise to the filing of Writ Petition before the High Court earlier and now to the filing of present appeals, Ramakrishna Mission College was established by Ramakrishna Mission at the istance of the Central Government and the West Bengal Government and was allowed to be administered by it through a Governing Body constituted by it (Ramakrishna Mission). The State Government did not envisage the constitution of a Governing Body of its own for the Ramakrishna Mission College on the standard pattern of governing bodies requred to be constituted for sponsored colleges, as such, either before the coming into force of the W.B. Act of 1975 or the W.B. Act of 1978 as was done in respect of other sponsored colleges or subsequent to the coming into force of those Acts, being of the view that a college like Ramakrishna Mission College of Ramakrishna Mission at Rahra, which was a specially sponsored college having a specially constituted Governing Body of its own should be excepted for purposes of constitution of Governing Body on standar pattern. This fact becomes clear from the State Government’s letters and clarification to which we have already referred to. However, this fact also becomes clear from the Memo dated 18th April, 1978 issued by the Deputy Secretary to Government, which reads :
"GOVERNMENT OF WEST BENGAL EDUCATION
DEPARTMENT
College (Sponsored) Branch
From: Shri D.L.Guha, M.A.
Deputy Secretary to the
Govt. of West Bengal.
To : The Director of Public Instruction,
West Bengal.
No. 752-Edn (CS)
------------
C.S.30-3/77
Dated, Calcutta, the 18th April, ’78.
Subject : Composition of the Governing
Body of Sponsored colleges.
The undersigned is directing to say
that for some tome past Government have
been feeling the necessity of revising
the exisiting pattern for the
composition of the Governing bodies of
the Government sponsored colelgels
excepting in cases where the collellge
has a special constitution on the basis
of Trust Deeds or where the colleges are
run by Missionary Societies on the basis
of agreement with the respective
Missions. After careful consideration of
the different aspects of the matter and
keeping in view of the necessity of
ensuring the academic interest and
efficient administration of these
institutions of which Government has
undertaken full financial responsibility
the Governor has been pleased to order
that in supersession of all previous
orders relating to the consitution of
Governing Body of sponsored College, the
new standard pattern for the composition
of the Governing Bodies of sponsored
colleges will be as follows:-
A. 1. President - To be nominated by
Government
2. Secretary - Principal of the College
- Ex-officio.
3-5. The representative of the whole-
time permanent teachers of the college
to be elected from among themselves.
6. One representative of the whole-time
permanent non-teaching employees of the
college to be elected from among
themselves.
7-8. Tow persons to be nominated by the
Government.
9. One Educationist to be nominated by
the Director.
10. One Educationist to be nominated by
the University to which the college is
affiliatied.
11. One representative of the regular
students of the College. He should be
the duly elected General Secretary of
the Student’s Union.
B. The terms of the Governing Body of
the College should be for a period of
three years. The representatives of the
whole-time permanent teachers and the
representatives of the whole-time
permanent non-teaching staff should hold
office for a period of three years.
C. Where the college is a women’s
college or a co-eduational one at least
one of the two Government nominees
should be a woman.
2. This order comes into force with
imemdiate effect.
3. In order that there is no dislocation
in administration of the sponsored
colleges, the Governor has also been
pleased to order that until now
Governing Bodies of the sponsored
colleges are constituted in accordance
with the pattern prescribed above the
existing arrangement will continue.
4. The Governor is also pleased to order
that there should be Finance Committee
in every sponsored college consisting of
give members, three of whom should be
representatives of the whole-time
permanent teachers of the College, one
should be representative of the whole-
time permanent non-teaching staff of the
college and the Principal of the college
(Ex-officio). The representative staff
shall be elected int eh manner as laid
down in para 1(a) above.
The duteis and functions of the Finance
Committee shall be such as may be
prescribed by the Government.
Sd/- D.L. Guha 18.4.78
Deputy Secretary."
(underlining by us)
As stated above, the State Government has excepted the Ramakrishna Mission College at Rahra in the matter of constituting of a Governing Body on standard pattern for the obvious reason that constituting such a governing body for a college like Ramakrishna Mission College which was all through allowed to have a governing body consituted by Ramakrishna Mission, which had built the College on its land conceding to the request made in that behalf by the State Government itself on the initiation of Central Government, may not be just. Thus when Ramakrishna Mission Collegle had come to be built, established and managed by the Ramakrishna Mission, it is difficult for us to think that the learned Judges of the Division Bench of the High Court were not right in holding that the Government should not be directed by issue of a mandamus, to consitute a governing body for the Ramakrishna Mission College on standard pattern taking recourse to the W.B. Act of 1975 and the W.B. Act of 1978, althoug for its own reasons. Therefore, in the peculiar facts and circumstances in which Ramakrishna Mission College at Rahra was established on Ramakrishna Mission’s land and allowed to be administered by the Ramakrishna Mission through its own Governing Body, we feel that interests of justice may suffer by directing the State Governmdent to constitute its own governing body on standar pattern of the usual sponsored colleges, as prayed ror the by the writ petitioners. Howevr, the view we have expressed int eh matter shall not come in the way of the State Government to change their earlier arrangement with the Ramakrishna Mission in the matter of governance of the Ramakrishna Mission Collegle, if on objective considerations such change becomes necessary in the larger interests of students, teachers and other employees of that College and is so permitted by law.
In the said view we have taken in the matter of consituting a Governing Body by the Government of West Bengal in respect of the Ramakrishna Mission College at Rahra, there is no need to go into the question that there has been infringement by the Government of Ramakrishna Mission’s fundamental rights to establish and mmainrain educational institutions under Article 26 (a)of the Constitution of India inasmuch as such a question does not arise, in view of the answer already given by us on Point-3 above. So also, question of directing the West Bengal Government decause of the W.B. Act of 1975 and the W.B.Act Of 1978 , to constitute govetning body on standard pattern ’ of sponsored college envisaged under its Memo dared 18 th April, 1978 in respect of Ramakrishna Mission College cannot arise.
Points 4 to 6 are accordingly answered . In the risult we dismiss these appeals, however by setting aside the holding of the liatned single Judge in the Writ Petition that Ramakrishna religion being areligion distinct and siparate from Hindu relinion was a minoritu in West Bingal based on religion,entitoed to protection under Article 30 (1) of the Constitution of India as upheld by the Division Bench Of the High court in its jubgment deciding the appeals before it and also by setting aside the holding of the Division Bench of the High Court that Ramakrishna Mission as a religious denomination was entitlid to establish and maintain institutions of general education under Article 26 (a) of the Cohstitution of India as those established and maintained for a charitable purpose.
Having regard to the mature of controversies decided in these appeals , we direct all parties to bear their own costs .