PANNALAL BANSILAL PITTI AND ORS. ETC. versus STATE OF ANDHRA PRADESH

Citation: [1996] 1 S.C.R. 603 · Decided: 17-01-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Disposed off

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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PANNALAL BANSILAL PITT! AND ORS. ETC. 
v. 
STATE OF ANDHRA PRADESH 
JANUARY 17, 1996 
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] 
Andhra Pradesh Charitable and Hindu Relirjous Institutions and En-
dowment Act, 1987: 
A 
B 
Section 15-Hindu Charitable or Relirjous Institutions-Appointment C 
of Board of Trustee-Scheme for-Held seeks to achieve a public pur-
pose-Section 15 held not unconstitutional. 
Section 16-Right to hereditary Trusteeshi~Prospective abolition 
of-Heid not violative of Article 25( 1) of the Constitution. 
Sections 17 and 29(5)--Trustees-Procedure for making appointment D 
of-Held Constitutional subject to the requirement that Board of Trustees 
should be headed either by the founder or member of a family. 
Sectidn 14.f-Abolition of shares of trustees in Hundi and other 
Rusums-Held not unconstitutional. 
Constitution of India, 1950 : 
Articles 14 and 15-Relirjous and charitable endowments-Law 
governing only Hindu Institutions-Leaving out relirjous institutions and 
endowments of other relirjons-Held not discriminatory-Held uniform law 
in this regard though highly desirable may be counter productive of unity and 
integrity. 
Articles 25 and 26-Right to relirjon-Freedorn to manage relirjous 
affairs-Right to profess, practice and propagate relirjon-Scope and extent 
of 
Interpretation of Statutes . 
Statute-Provisions-Constitutionality of-Doctrine of reading 
down-Applicability of 
Words & Phrases-Charity-Meaning of 
603 
E 
F 
G 
H 
A 
B 
604 
SUPREME COURT REPORTS 
[1996] 1 S.C.R. 
The petitioners are hereditary trustees of some of the Hindu 
Religious and Charitable Institutions and Endowments. ln these petitions 
they have challenged the Constitutional validity of Sections 15, 16, 17, 29 
(5) and 144 of the Andhra Pradesh Charitable and Hindu Religions 
Institutions and Endowments Act, 1987. On their behalf it was contended 
that (i) Articles 25 and 26 of the Constitution guarantee freedom t~ 
manage religious affairs and right to freely profess, practise and propagate 
the religion to all citizens alike. A law of general application in respect of 
religious institutions should be made and singling out the religious institu-
tions or endowments established and maintained by Hindus is an invidious 
discrimination violating Articles 14 and 15(1) of the Constitution; (ii) it is 
C not open to the State to restrict or prohibit, under the guise of its secular 
power, "the administration of the religions or charitable institutions or 
endowments, contrary to what the followers of the religion believe to be 
their religious duty; (iii) the State cannot directly undertake to expend 
public money for patronising any particular religion. The legislature can-
D not make law to appoint its officers or servants to manage the religious 
institutions or endowments; (iv) without factual foundation of any mis-
management or misutilisation of the funds of Hindu religious and 
charitable institutions or endowments abolition of the trusteeship is ar-
bitrary, unjust and unfair violating Article 14 of the Constitution; and (v) 
when Section 18 of the Act recognises and gives right to representation to 
E a member of the family in the board of trustees, abolitiQn of hereditary 
trusteeship under Section 16 is unconstitutional. 
Disposing of the petitions, this Court 
F 
HELD : 1. It cannot be said that either Section 15 or Section 16 of 
the Andhra Pradesh Charitable and Hindu Religions Institutions and 
Endowments Act, 1987 is ultra vires the Constitution. [626-F] 
2. The object of the Act is to consolidate and amend the law relating 
to the administration and governance of charitable and Hindu religious 
G institutions and endowments in the State of Andhra Pradesh as the title of 
the Act itself indicates. It applies to all public charitable institutions and 
endowments, whether registered or not, in accordance with the provisions 
of the Act other than wakfs governed under the Wakfs Act, 1954. lt also 
applies to all Hindu Public religious institutions and endowments whether 
H registered or not in accordance with the provisions of the Act. [617-B-C] 
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P.B. PITI1 v. STATE 
605 
3. Words are the skin of the language. The language opens up the A 
bey of the maker's mind. The Legislature gives its own meaning and 
interpretation of the law. It does so employing appropriate phegeology to 
attain the object of legislative policy which it seeks to achieve. (624-B-C] 
4. Hindu Piety found expression in establish

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