MOST REV. P.MA. METROPOLITAN AND ORS. ETC versus MORAN MAR MARTHOMA MATHEWS AND ANR. ETC.

Citation: [1996] 3 S.C.R. 857 · Decided: 25-03-1996 · Supreme Court of India · Bench: B.P. JEEVAN REDDY, S.C. SEN, S.B. MAJMUDAR · Disposal: Disposed off
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Judgment (excerpt)

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MOST REV. P.MA. METROPOLITAN AND ORS. ETC: 
A 
v. 
MORAN MAR MARTHOMA MATHEWS AND ANR. ETC. 
MARCH 25, 1996 
(B.P. JEEVAN REDDY, SUHAS C. SEN AND 
S.B. MAJMUDAR, JJ.] 
Ecclesiastical Law : . 
B 
Constitution of Malankara Oiristian Association of 1934: Clauses 46 
and 71.-Syrian Gtristian Association (Malankara Association) and C 
Diocesan Assembly-Election of member~lauses 46 and 71of1934 Con-
stitution substitUted as detailed in the orde;._As regards dispute in respect of 
appointment to posts/offices, stanis quo to be maintained until a new Manag-
ing Committee is elected and on its election, if need be, it would decide the 
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dispute. 
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Decree-Held a decree should trnly reflect the operative decision and_ 
directions in the judgment. 
Ed The main order dated 20.6.95 referred to in this order is reported 
in [1995) Supp. 4 sec 286. 
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CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 4958-60 
of 1990 Etc. 
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From the Judgment and Order dated 1.6.90 of the Kerala High Court 
in A.S. Nos. 331180, 362/90 and 358 of 1980. • 
F.S. Nariman, K. Parasaran, Soli J. Sorabjee, C.S. Vaidyanathan, 
D.D.·Thakur; KV. Mohan, PJ. Philip, E.M.s: Anam, S. Balakrishnan, S. 
Pra5a.J
1-R. Thomas, S. Menon, Raju Ramachandran~ T.G. Narayanan Nair, 
R.K. Pillai, M.T., George and KV. Viswanathan for the appeanng Parties. 
Ms. Lily Thomas for Intervenor. 
The following order of the Court was delivered : 
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This Order may be read in continuation of the Judgment dated June 
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20, 1995. Inasmuch as the Malankara Association was vested with control H 
857 
858 
SUPREME COURT REPORTS 
[1996] 3 S.C.R. 
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A over the religious and communal affairs of the entire Malankara Christian 
community, it was held desirable and necessary that the Association must 
"truly and genuinely reflect the will of the said community''. For ensuring 
it, it was observed "its composition must be so structured as to represent 
the entire spectrum of the community. A powerful body having control over 
both spiritual and communal affairs of the Malankara Church should be 
B composed in a reasonable and fair and manner." It was held that judged 
from the above angle, clause (68) of the 1934 constitution cannot be said 
to be a fair one, inasmuch as the said clause provided for representation 
Parish Church-wise. We took note of the contention urged on behalf of the 
Patriarch group that with a view to obtain majority in the Association, the 
C Catholicos group has created a number of new Parish Churches with very 
small membership and that giving equal representation to all Parish Chur-
ches irrespective of the strength of their membership is neither fair nor 
does it ensure a fair. and proper representation of the community in the 
Association. It was held that it is necessary to substitute clause ( 68) (now 
clause 71) and other relevant clauses of the Constitution to achieve the 
D aforesaid objective which would also affirm the democratic principle, which 
appears to be one of the basic tenets of this Church. Accordingly, we direct 
both the parties as well as the Rule Committee (mentioned in clause (120) 
of the Constitution) to place before this Court within three months from 
today draft amendments to the Constitution. It was observed that after 
perusing the said proposals, the Court will make appropriate directions. 
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Accordingly, both parties have placed before us their respective 
proposals.· Some other parties too have placed their proposals. The 
proposals put forward by the Patriarch group seek to amend a large 
number of clauses in the Constitution which was not the intention behind 
the above direction. The objective was to amend only clause ( 68) and other 
clauses to ensure the aforementioned objective. 
It is brought to our notice that there are two clauses in the Constitu-
tion which necessarily have to be amended if the aforementioned objective 
has to be attained. They are clauses (71) and (46) (re-numbered clauses). 
G They read as follows : 
"Article 46 : The Vicar or if inconvenient for him, one of the 
Assistant Priests deputed by the Vicar and two laymen elected by 
every Parish assembly in a Diocese shall be members of the 
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Diocesan Assembly. Their term Qf office shall be three years. 
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MOST REV. P.M.A. METROPOLITAN v. M.M.M. MATifEWS 
859 
, Article 71 : A priest and two laymen elected by each Parish A 
assembly and the members of the existing Managing Committee 
shall be members of the Associa
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