ALL INDIA IMAM ORGANISATION AND ORS. versus UNION OF INDIA AND ORS.

Citation: [1993] 3 S.C.R. 742 · Decided: 13-05-1993 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
ALL INDIA IMAM ORGANISATION AND ORS. 
v. 
UNION OF INDIA AND ORS. 
[K.RAMASW AMY AND R.M. SABAi, JJ .] 
MAY 13,1993 
Wakf Act 1954: Ss 15, 36-Payment of wages to Imams in mosques-Held, 
it is the responsibility of the Wakf Board-Directions to Union of India and the 
Central Wakf Board to prepare a scheme within six months for different types of 
c 
mosques-Constitution of India, Articles 21, 14 and 23. 
..-
D 
E 
F 
G 
H 
A petition was fded in this court by Imams for enforcing their fundamen-
tal right against exploitation by WakfBoards. Their claim was based on the 
glaring disparity between the nature of work and the amount of remunera-
tion. The petitioners sought a direction to the Central and State Wakf Boards 
to pay them basic wages. A higher pay scale was claimed for degree holders. 
The Union oflndia and various State WakfBoards disputed the manner 
of their appointment, their right to receive any payment, and absence of any 
relationship of master and servant. It was variously con~nded that they were 
appointed by Mutwallis, or in some cases by the people of the locality where 
th~ mosques were situated, and not by the Wakf Boards;. that under Islamic 
religious practice it is voluntary service and there is no entidement to 
emoluments; that a certificate from a registered institution is not a necessary 
requirement for leading in prayer. It was further contended that the Wakf 
Boards faced financial difficulties. 
The Punjab Wakf Board stated that Imams of mosques in Punjab, 
Haryana and Himachal Pradesh were paid on the basis of their qualification. 
A pay scale was indicated, and the Imams were paid regularly and treated as 
regular employees. 
Allowing the petition, this Court, 
HELD: (1) By Section 15 of the Wakf Act, the WakfBoard is ".ested not 
only with supervisory and administrative powers over the Wakfs but even the 
fin~ncial power vests. in it. One of the primary duties is to ensure that the 
income from the Wakf is spent on carrying out the purposes for which the 
742 
--
IMAM ORGANISATION v. U,0.1. 
743 
Wakf was created. Mosques are Wakfs and are required to be registered A 
under the Act. over which the Board exercises control. Purpose of their 
creation is community worship. The principal functionary to undertake it is 
the Imam. It is the responsibility of the Wakf Board to ensure proper 
maintenance of religious service in a mosque. To say, therefore, that the 
Board has no control over the mosque or Imam is not correct. (747-G-H, 748-
B 
A) 
. 
(2) In a series of decisions rendered by this Court ii has been held that 
right to life enshrined in Article 21 means right to live with human dignity. It 
is too late in the day to urge that since Imams perform religious duties, they 
are not entitled to emoluments. (748-E) 
C 
(3) Financial difficulties of the institution cannot be above fundamental 
right of a citizen. If the Boards have been entrusted with the responsibility of 
supervising and administering the Wakf then, it is their duty to harness 
resources to pay those persons who perform the most important duty namely D 
of leading community prayer in a mosque, the very purpose for which it is 
created. (748-H) 
(4) The Union of India and the Central Wakf Board are to prepare a 
scheme within a period of six months in respect of different types of mosques: 
(749~.S) 
The scheme shall take guidance from the scale of pay prevalent in the 
State Punjab and Haryana. (749-D) 
E 
Mosques under control of the government will not be governed by 
F 
this order except if their Imams are not paid any remuneration and 
have no independent means of income. The Government may then 
fax their emoluments on the basis as the Central WakfBoard may do 
for other mosques. (749-C) 
, The State Boards shall ascertain the income of each mosque and the number 
and nature of Imams required-full time or part time-and their. payment is 
directed. (749-E) 
The scheme shaH take account of mosques which are small, or in 
G 
the rural area, or which have no source of income and find H 
744 
SUPREME COURT REPORTS 
[1993) 3 S.C.R. 
A 
ways to raise income. (749-G) 
B 
c 
The order for payment to Imams shall come into operation from 1 December 
1993. Every State Board shall implement the scheme. (749-H, 750-A) 
ORIGINAL JURISDICTION.: Writ Petition (c) No. 715of1990. 
Under Article 32 of the Constitution of India. 
GobindaMukhoty, R.K. Jain, YusufH. Machhale, Ms. K. Amreswari, (N.P) 
R.N. Sachthey, N.N. Goswamy,

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