DAMYANTI NARANGA versus THE UNION OF INDIA AND OTHERS

Citation: [1971] 3 S.C.R. 840 · Decided: 23-02-1971 · Supreme Court of India · Bench: S.M. SIKRI · Disposal: Appeal(s) allowed

Cited by 8 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

840 
DAMYANTI NARANGA 
v. 
THE UNION OF INDIA AND OTHERS 
February 23; 1971 
cs. M. SIKRI, C.J., G. K. MITTER, K. s. HEGDE, P. JAGANMOHAN 
REDDY AND V.·BIIARGAVA, JJ.] 
B 
Fundamental 
Rights-Freedom 
of 
Association-Hindi 
Sahitya 
Sammelan, a registered society-Parliament enacting /egislgtion declaring 
S.mmelan as of national importance-Power (o frame rules to admit new 
members . without consent of original members of Society-I/ infringes · 
right to f.orm Association of original members oj Society-Transfe"ing 
C 
properties of Society to Samme/an while Society kept in existence-If 
infringes right tp hold property~onstitution of India Article 19(1)(c) 
and (f) els. (4) and (5)-Hindi Sahitya Samme/an Act, 1962. 
The Hindi Sahitya Sammelan (hereinafter referred to as the Society) 
was a registered society . founded for the development and propagation 
of Hindi. After a number of years of its successful working differences 
arose between its members and this resulted in litigation. In 1956 the 
Uttar Pradesh legislature passed the U.P. Sahi_tya Sammelan Act, under 
which a statutory body was created under the name of Hindi Sahitya 
Sammelan. Tbis act was declared void by the Allahabad High Court as 
violating the freedom of association guaranteed under article !9(1)(c) of 
the COnstitution. 
Thereafter, Parliament enacted the Hindi S.hltya 
.samrrelan Act, 1962 legislating uncle'r entry 63, list I of the Seventh 
Schedule declaring that "the institution known as the Hindi Sahitya 
Sammelan is an institution of national importance". By the Act a statu-
tory sammelan was constituted as a body corporate by. the name of the 
Hindi Sahitya. Sammelan. 
Under s. 4( !) of the Act the Sammr!.n was 
to consist of the first members of the Society and all persons who might 
become members thereafter in accordance with the rules made in that 
behalf by the first Governing Body to be constituted by the Central Gov-
ernment by notification. The Act provided for vesting in the Sammelan 
D 
E 
of all property movable or immovable, of or belonging to the society. · F. 
Petitioru under Article 226 in the High Court and under Article 32 
in this Court were filed· challenging the constitutionality of the Act mainly 
on the ground . !hat the ·Act interfered with the right of the petitioners to 
form aSSQCi.ati91q1Dder Article ·19(1)(c) of the Constitution. The High 
Colil:t held that since all the members of the society had also become 
members · pf th.e Sammelan under the Act, there was no infringement of 
the right to· form association. In the appeal and in the petition )lnder 
G 
Article 32, the respondent contended that having declared the old Hindi 
Sahitya Sammelan, which was a society registered under the Societies 
Registration Act, 1860 as an institution of n.ational impohance, Parlia-
ment has proceeded to le,islate .in resp~ct of it under entcy 63 of List I 
of the Seventh Schedule m order .that its administration may not suffer 
as a result of the ·quarrels that were aolng tnttr 16 between the members 
of the society; it was for this purpose that a tlrat Governing Body Wfts 
HI 
constituted to take over the mil:nllgement temporarily; t!ie Act was deal1111ed 
to recon1tit11te the Sammelan in such a manner that it could wcl'k success-
fully and without difficulties; and in making provis.ions for thi• pUl'PO•e 
all members of the old society were Included as members of the Sammelan 
A 
B 
c 
D 
E 
F 
G 
H 
DAMYANT!"NARANGA v. UNION (Bhargava, J.) 
841 
so that their right to form association may not be taken away from them. 
Alternatively the respondent took uo the position that the ,Act nowhe're 
specifically laid down that the society shall stand dissolved while it con· 
stituted a· new Sammelan and thelrefore, it should be inferred that while 
the society still continued to exist in its original form .the law has brought 
into existence a new Sammelan to whicl\ all the functions and the pro-
perties etc. of the society have been passed. 
Allowing the petition and 
the appeal, 
HELD : Under s. Ji(!) (a) very wide powers are given•to the first 
governing body to make rules in respect of matters relating to member· 
ship including qualifications and disqualifications for membership of the 
Sammelan. 
Under this power the rules framed could make provisions 
for admission of persohs as members whom the original members of 
society may never have liked to .admit in their Society. The number of 
such new members could even· be so l

Excerpt shown. Read the full judgment & AI analysis in Lexace.