S.P. MITTAL ETC. ETC. versus UNION OF INDIA AND OTHERS

Citation: [1983] 1 S.C.R. 729 · Decided: 08-11-1982 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Dismissed
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Judgment (excerpt)

ii. 
>, 
129 
A 
S.P. MITTAL ETC. ETC. 
v. 
UNION. OF INDIA AND OTHERS 
. November 8, 1982 
. 
(Y.V. CHANDRACHUD, C.J.,.p N. BHAGWATI, 0. CHINNAPPA REDDY, 
V. BALAKRISHNA ERADI AND R.B. MISRA, JJ;) 
Right to freedom of religion and to manage religious affairs-Constitution 
of India, 1950 Articles 25 and 26-Shri Aurobindo's rtachings cannot ht said to 
be of a religious nature-Aurobindo Society and the Auroville township do not fall 
within the meaning of religious denomination so as to be violative of Articles 25 
and 26 of the Constitution. 
. 
. 
Words & Phrases-' Religion' and 'Religious denomination' explained. 
( 
Aurovill• (Emergeucy Provisions) Act, 1980 (Act L1X of 1980) p,.ambl11-
Par/iamentary competency to enact the Act--.Wh~ther inconsistent and in conflict 
with the provisions of the West.Belfga/ Societies Registration Act, 1961 (Act XXVI 
of 1961) Sections 22 & 23 containing in built self-contained proviSions for dealing 
with the management of the rtgistered societies-Constitution of India 1950 Article 
245, Schedule Vil, List I Entry 32-Functions of the Lists, Explained. 
Auroville (Emergency Provisions) Act. 1980 providing for taking over the 
management only of Aurovi/le toWnship and its activities for a limitid period is not 
violative either of Article 14, Articles 25 and 26 or Articles 29 and 30 ofthtt 
ConstiJution . 
. Sri Aurobindo, one of the Indian sages and philosphers, after a brilliant 
academic and administrative career engaged himself for sometime in political 
aciivities and revolutionary literary efforts, but later on gave them uo to concen-
trate himself with the life of medition and integral yoga at Pondicberry, in 
Tamil Nadu. Madam M. Alfassa a French Lady, wb~ came to be known as 
the Mother became a disciple of Sri Aurobindo. Very· soon more and 
~o.re . 
· dis~iples came to join him from various parts of India·- and abr~ad and tlius 
the Aurobindo Ashram came into being. 
The. disciples and devoted followers-
of Sri Aurobindo and the Mothe"r, with a view to propagate and practise the 
ideals and beliCfs of Sri Aurobindo formed a Society called Sri Aurobindo 
Society in the year 1960, ~hich at all material times w·as 'and is still a society 
duly registered under the provisions of tb.e West Bea~al Societies Re~istratioq 
B 
c 
D 
E 
G 
H 
A 
B 
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E 
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730 
SUPRBMB COURT REPORTS 
[!983] I S.C.R. 
Act, 1961. This Society is completely distinct from Aurobindo Ashram in 
Pondicberry. The Society was established and registered for the purpose of 
carrying out in and out side India the several objects stated· in the memoran<lum 
of the Society. 
' 
The management of the Society vested in its Executive Committe~. 
Rulerand regulations have been duly framed for the management. of the Society 
and also for·safe cu~tody and protection of its assets, properties and funds. 
Sri Aurobindo Society preaches arid propagates the ideals and teachings 
of Sri Aurobind
10, inter alia, through its numerous centres scattered throughout 
India by way of weekly meetings of its me~bers. 
The Mother as the founder-president also coi;iceived of a project of 
setting up a cultural township known as 'Auroville' where people of different 
countries are expected to engage in cultural, educational and scientific and o1her 
pursuits aiming at human unity. The Society has been a channel of funds for 
setting up the cultural township known as Auroville. 
At the initiative of the Government of India, .the United. Nations 
Educational, Scientific and Cultural Organisation being of the opinion that the 
Auroville project would 
contribut~ to international understanding and 
. promotion of peace sponsored the project by proposing a resolution to this effect 
at its General Conference in 1966. 
This resolution was unanimously ador•ted 
Rt this conference.' By a fllrther resoIUtion passed in 1968 the UNESCO invited 
its member States and intern"ational non-governmen_tal organisations to p3.rtici-
pate in the development of Aur.oville as an international cultural township to 
bring together the values of different cultures and civilisations in harmonious 
environment with integrated living standards, which corresponds to man's 
physical and spiritual needs. In 1970 UNESCO had directed its Director·Genera1 
to take such steps as may be feasible, wilhin the budgetary provisions to promote 
the development of Auroville as an important· international cultural program1ne. 
Sri Aurobindo Society received l~rge fun
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