MAHANT SRI JAGANNATH RAMANUJ DAS AND ANOTHER versus THE STATE OF ORISSA AND ANOTHER

Citation: [1954] 1 S.C.R. 1046 · Decided: 16-03-1954 · Supreme Court of India · Bench: MEHR CHAND MAHAJAN
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Judgment (excerpt)

1954 
The Commis· 
siontr, Hindu 
Reli'gious Endow· 
rnents, Madras 
v. 
Sri Lakshmindra 
Thirtha Swamiar 
of Sri Shirur 
Mutt. 
!954 
March 16. 
1046 
SUPREME COURT REPORTS 
[1954] 
section 76 ( 1) 
is void 
as beyond the legislative com-
petence of the Madras. State Legislature. 
The rest of 
the Act is to be regarded as. valid. 
The decision of the 
High Court will be modified to this extent, but as the 
judgment of the High Court is affirmed on its merits 
the appeal 
will 
stand 
dismissed 
with costs 
to the 
respondent. 
Appeal dismissed. 
MAHANT SRI JAGANNATH RAMANUJ DAS 
AND ANOTHER 
v. 
THE STATE OF ORISSA AND ANOTHER. 
[MEHR CHAND MAHAJAN C. J., MuKHERJEA 
S. R. DAs, VIVIAN BosE, and GHULAM HAsAN JJ.] 
Constitution of India, arts. 19(1)(1), 25, 26, 27-0rissa Hindtt 
Religious Endowments Act, 1939, as amended by Amending Act II of 
1952, ss. 38 and 39 and proviso to s. 46-Whether ultra vires 
the Constitution-Section 49 of the Act-Whether ultra 
vires 
art. 27. 
Held, that ss. 38 and 39 and the proviso to s. 46 of the Orissa 
Hindu Religious. Endowments 
Act, 1939 
as amended 
by the 
Amending Act II of 1952 arc ultra vim arts. 19(1)(£), 25 and 26 of 
the Constitution. 
The annual contribution provided in s. 49 of the Act is in the 
nature of a fee and not a tax and therefore it was \Vithin the 
competence of the Provincial Legislature to enact such a provision. 
Further an imposition like this is not hit by art. 27 of the Consti· 
tution because the object of the contribution under s. 49 is not the 
fostering or preservation of the Hindu religion or of any denomi, 
nation within it but the proper administration of religious trusl; 
and institutions wherever they exist. 
Civil ,Appeal No. 38 of 1953 referred to. 
OruGINAL 
JuRISDICTION : 
Petition No. 405 of 1953, 
Under article 32 of 
the Constitution of India for 
tl~e enforcement of Fundamental Rights 
and 
APPELLATE 
JuR1so1cT10N : Case No. 1 of 1950. 
• 
S.C.R. 
SUPREME COURT REPORTS 
1047 
1954 
, Appeal under section 205 of the Governmc;:nt of 
India Act, 1935, from the Judgment and Decree, dated 
the 13th September, 1949, of the High Court of Judi-
cature, Orissa, in First Appeal No. 39 of 1949, arising 
out 
of 
the 
Judgment 
and Decree, 
dated the 11th 
September, 1945, 
of tbe Court of the District Judge, 
Cuttack, in Original Suit No. 3 of 1943. 
- Mahant Sri 
Jagannath 
Rarnanl{j Das 
and Another 
v. 
N. C. Chatteriee ' (B. K. Saran and R. C. Prasad, 
with him) for the petitioners and appellants Nos. 1 
to 13. 
S. P. Sinha (B. K. Saran and R. C. Prasad, with 
him) for appellants 14 to 16. 
M. , C. Setalvad ( G. N. Joshi, with 
him) for 
respondents in both the matters. Agent R. H. Dhebar. 
1954. March 16. 
The Judgment of the . Court was · 
delivered by 
MuKHERJEA J.-These two connected matters 
are 
taken up together for the sake of convenience and may 
be disposed of by one and the same judgment. Petition 
No. 405 of 1953 has been presented to this court under 
article 32 of the Constitution and the petitioners are 
the Mahants 
or 
superiors 
of 
two ancient and well-
known religious institutions of Orissa, both of which • 
have · endowments of considerable value situated within 
and outside the Orissa State. 
An Act, known as 
the 
Orissa Hindu Religious Endowments Act, was passed 
by 
the Orissa Legislative Assembly functioning under 
the Government of India Act, 1935, in the year 1939 
and it received the assent of the Governor-General on 
the 31st 
August, 1939. 
The 
object of the Act, as 
stated 
in 
the preamble, is "to provide for the better 
administration and 
governance 
of 
certain 
Hindu 
religious 
endowments" 
and the expression "religious 
endow111ent" has 
been defined comprehensively in the 
Act as meaning all property belonging to, or given or 
endowed for the support of Maths or temples or for the 
p~rformance of any service or charity connected there-
with. 
The whole scheme of the Act is to vest the 
control and 
supervision of public temples and Maths 
in a statutory authority 
designated as 
the Commis-
sioner of Hindu Religious Endowments and to confer 
7·1ie State of . 
Orissa and 
Another. 
Mukherjea J. 
1954 
Mahant Sri 
Jagannath 
Ramanuj Das 
and Another 
v. 
The State of 
Ori:isa and 
Another 
Mukherjea ]. 
1048 
SUPREME COURT REPORTS 
[1954] 
upon him certain powers with a view to enable him to 
exercise effective control over the trustees of the Maths 
and the temples. 
The Commissioner is required to be 
a
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