1959 (4) TMI 25 - SC - Indian Laws

Summary

Issues Involved:
1. Constitutional validity of the Bihar Hindu Religious Trusts Act, 1950.
2. Alleged infringement of fundamental rights under Articles 14, 19(1)(f), 25, 26, and 27 of the Constitution.
3. Imposition of an unauthorized tax under the Act.
4. Applicability of the Act to private properties or private trusts.

Detailed Analysis:

1. Constitutional Validity of the Bihar Hindu Religious Trusts Act, 1950:
The principal question in these appeals is the constitutional validity of the Bihar Hindu Religious Trusts Act, 1950. The Act was challenged on the grounds that it infringed upon the appellants' fundamental rights. The High Court had previously upheld the validity of the Act, and the appeals were brought to the Supreme Court following certificates from the High Court under Article 132 of the Constitution.

2. Alleged Infringement of Fundamental Rights:
- Article 14 (Equality before Law):
The appellants argued that the Act's provisions, particularly those in sections 2, 5, 6, 7, and 8, violated Article 14 by treating Hindu religious trusts differently from Sikh and Jain religious trusts. The Court held that the classification was reasonable because there were essential differences in religious practices and organizational structures among Hindus, Sikhs, and Jains. The Court reiterated that Article 14 forbids class legislation but allows reasonable classification for legislative purposes.

- Article 19(1)(f) (Right to Property):
The appellants contended that Chapter V of the Act, especially sections 28 and 32, infringed their right to acquire, hold, and dispose of property. The Court noted that the Act imposed reasonable restrictions in the interest of the general public, aimed at better administration and protection of religious trusts. The restrictions were deemed necessary and reasonable, and therefore, did not violate Article 19(1)(f).

- Articles 25 and 26 (Freedom of Religion):
The appellants claimed that the Act interfered with their rights to freely profess, practice, and propagate religion, and to manage their own religious affairs. The Court found no provision in the Act that interfered with these rights. The Act aimed to ensure the proper administration of religious trusts without encroaching on religious practices. The Court emphasized that the Act sought to implement the purposes of the trust and prevent mismanagement, rather than divert funds for other purposes.

3. Imposition of an Unauthorized Tax:
The appellants argued that section 70 of the Act imposed an unauthorized tax. The Court referred to its earlier decision in Mahant Sri Jagannath Ramanuj Das v. The State of Orissa, where a similar imposition was held to be a fee and not a tax. The Court reiterated that the contribution under section 70 was for the secular administration of religious institutions and did not favor any particular religion, thus not violating Article 27.

4. Applicability of the Act to Private Properties or Private Trusts:
The appellants claimed that the properties in question were their private properties or that the trusts were private trusts. The Court noted that these claims involved complicated factual investigations, which could not be resolved in writ proceedings. The High Court had rightly pointed out that such questions required evidence and could not be determined in the present appeals. The Court upheld the High Court's view that the Act applied to public trusts as defined in the Act.

Conclusion:
The Supreme Court held that the Bihar Hindu Religious Trusts Act, 1950, was constitutionally valid and did not infringe upon the appellants' fundamental rights. The appeals were dismissed with costs.