1971 (2) TMI 117 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the Hindi Sahitya Sammelan Act No. 13 of 1962.
2. Infringement of the right to form an association under Article 19(1)(c) of the Constitution.
3. Legislative competence of Parliament to enact the Act under Entry 63 of List I of the Seventh Schedule.
4. Potential violation of Article 19(1)(f) regarding the right to hold property.

Detailed Analysis:

1. Validity of the Hindi Sahitya Sammelan Act No. 13 of 1962:
The Act was challenged primarily on the grounds of its constitutionality. The original Hindi Sahitya Sammelan, founded in 1910 and registered under the Societies Registration Act, 1860, faced internal disputes leading to litigation and the appointment of a receiver. Subsequently, the U.P. Legislature enacted the U.P. Hindi Sahitya Sammelan Act, 1956, which was declared void by the Allahabad High Court. The present Act, passed by Parliament, declared the Hindi Sahitya Sammelan as an institution of national importance and reconstituted it as a statutory body corporate. The petitioners argued that the Act interfered with their right to form an association and altered the composition and administration of the original Society.

2. Infringement of the Right to Form an Association under Article 19(1)(c) of the Constitution:
The petitioners contended that the Act infringed their fundamental right to form an association guaranteed under Article 19(1)(c). The Act included all members of the original Society in the new Sammelan but also added new members without the consent of the existing members. This addition of members without the original members' approval was seen as a clear interference with their right to continue the association as voluntarily formed. The Court agreed, stating that the right to form an association includes the right to continue it with its chosen membership. Any law altering the composition of the association without the members' consent violates this right.

3. Legislative Competence of Parliament to Enact the Act under Entry 63 of List I of the Seventh Schedule:
The Act was passed under Entry 63 of List I, which allows Parliament to legislate on institutions of national importance. The petitioners argued that the Act reconstituted the Society into a new Sammelan, which was not declared as an institution of national importance. The Court found that Parliament's competence was limited to legislating for the Society declared as of national importance, not a newly constituted body. Therefore, the Act exceeded Parliament's legislative competence as it purported to legislate for a new entity not declared of national importance.

4. Potential Violation of Article 19(1)(f) Regarding the Right to Hold Property:
The petitioners argued that the Act deprived the Society and its Governing Body of their property rights without reasonable justification. The Act transferred all properties and assets of the Society to the new Sammelan, effectively depriving the Society of its properties. The Court held that such total deprivation of property could not be justified as a reasonable restriction in the public interest under Article 19(5). The Act's provisions amounted to an unreasonable restriction on the right to hold property, thus violating Article 19(1)(f).

Conclusion:
The Court declared the Hindi Sahitya Sammelan Act No. 13 of 1962 invalid, as it infringed the fundamental right to form an association under Article 19(1)(c) and exceeded Parliament's legislative competence. The Act also violated the right to hold property under Article 19(1)(f). Consequently, the petition and appeal were allowed, and the concerned bodies, including the Union Government, were restrained from taking or continuing any action under the Act.