Holding

The Court held that Ramakrishna followers form a religious denomination within Hinduism, not a separate minority religion, thus they are not entitled to Article 30(1) protection, but they enjoy Article 26(a) rights, and the State cannot be compelled to reconstitute the college’s governing body on a standard pattern.

Summary

The Ramakrishna Mission established a degree college at Rahra with financial assistance from the State and Union governments, and the college was administered by a governing body constituted by the Mission, not the standard pattern prescribed for sponsored colleges. A dispute arose when the teachers' council struck and installed an in‑charge principal, leading the Mission to seek a declaration that the appointment was illegal and to challenge the State's attempt to reconstitute the governing body. The High Court held that the followers of Ramakrishna formed a minority religion protected by Article 30(1) and that the Mission could manage the college under Article 26(a); the Division Bench affirmed this view. On appeal, the Supreme Court rejected the claim that Ramakrishna religion is a distinct minority religion, holding it is a denomination within Hinduism, thereby denying Article 30(1) protection but affirming Article 26(a) rights. The Court also declined to order the State to impose a standard governing‑body pattern, finding no infringement of Article 26(a) and leaving the matter to the State’s discretion. Consequently, the appeals were dismissed.

Issues considered

Whether followers of Ramakrishna in West Bengal constitute a minority religion distinct from Hinduism entitled to protection under Article 30(1).
Whether persons belonging to Ramakrishna Mission constitute a religious denomination or a section thereof under Article 26.
Whether such a denomination has the fundamental right to establish and maintain charitable institutions under Article 26(a).
Whether educational institutions run by the Mission can be regarded as charitable institutions within the meaning of Article 26(a).
Whether the constitution of the governing body of Ramakrishna Mission College by the West Bengal Government infringes the Mission’s Article 26(a) rights.
Whether the State can be directed to reconstitute the governing body on the ‘standard pattern’ for sponsored colleges under the West Bengal Acts of 1975 and 1978.

Subjects

Article 30(1)Article 26(a)religious denominationminority religionRamakrishna Missioneducational institutiongoverning bodyWest Bengal ActHinduism

Judgment

BRAMCHARI SIDHESWAR BHAI AND ORS. ETC. A
v.
STATE OF WEST BENGAL ETC.

JULY 2, 1995

[KULDIP SINGH, N. VENKATACHALA AND B
S. SAGHIR AHMAD, JJ.]

Canstitutia11 of !11dia, 1950:

Article Jo-Minorities-Right ta establish a11d administer educational C
Institutians-Ramakrislma Missia11-Fallowers of-Citizens residi11g in West
Bengal-Professing, Practising and propagating the religious teachings of

. Swami Vivekananda-Held not a religious minority-Held not a separate and
distinct religion from Hindu religion.

Article 26(a)-Freedam ta ma11age religious affairs-Religious D
de11aminatian-Test far determinatia11-Ramakrishna Mission-Held a
religious denomination of Hindu Religion and thus entitled ta protection of
Article 26(a).

Religious denomination-Right ta establish institutions-Imparting of E
religious education and general education.

Ramakrishna Mission-:Establishment of College at Rahrrr-State
Government allowing college ta have its aw11 Governing Bady instead of a
standard body ·as required far other sponsored colleges-Held direction ta
State Government ta constitute its awn governing body an standard pattern F
for Ramakrishna College held would not be in the interests of justice.

The Government of West Bengal approved the setting up of a three
years degree college at Rahra under the auspices of Ramakrishna Mission
which was to function as a sponsored college with financial assistance from G
the State and the Union Government. The Calcutta University granted
affiliation to the college and also accorded approval to the Governing body
of the College as constituted by the Ramakrishna Mission. Therefore,
Ramakrishna Mission did not have a governing body modelled on the
common pattern of governing bodies of sponsored colleges. The memo
dated 16.1.1971 conveying approval of the Government regarding composi· H
745
746 SUPREME COURT REPORTS [1995] SUPP. l S.C.R.

A tion of the governing bodies of the sponsored colleges did not include
governing bodies of sponsored colleges run by Missionary Societies on the
basis of agreement with respective Missions. On resignation of the Prin-
cipal of College, the then Head of the Ramakrishna Mission, Bellurmath,
Swami Shivmoyananda was appointed as Principal. However, Teachers
Council of the Ramakrishna Mission College was agitated by new
B Principal's appointment. Therefore, they resorted to strike; took over the
management of the College and not only prevented. the newly appointed
Principal from functioning as Principal but also made Prof. A.R. Das
Gupta to function as the In-charge Principal of that College. Consequently,
the Ramakrishna Mission and the Secretary of the Governing Body of the
c College instituted a civil suit seeking a declaration that the functioning of
Shri Das Gupta as Principal was illegal.

The appellants filed a writ petition in the High Court for a direction
to the Government of West Bengal to reconstitute the Governing Body of
D the Ramakrishna Mission College according to standard pattern for
Governing Bodies of sponsored Colleges as per Government Memo No.
752-Edn. (CS)/C.S. 30-3/77 dated 18th April, 1978; (ii) a declaration that
the Ramakrishna Mission College was governed by West Bengal Act of
1975 and West Bengal Act of 1978; and (iii) an order restraining Swami
Shivmoyanand from acting as Principal of Ramakrishna Mission College.
E
A Single Judge of the High Court dismissed the petition holding that
the Colleges established and administered by Ramakrishna Mission com-
prised of the followers of Ramakrishna religion, being protected under
Article 30(1) of the Constitution, the provisions in West Bengal Act of 1975
F and 1978 did not apply. However, the claim that Article 26(a) of the
Constitution enabled the Ramakrishna Mission to establish educational
institutions as a religious denomination was not apply. However, the claim
that Article 26(a) of the Constitntion enabled the Ramakrishna Mission
to establish educational institutions as a religious denomination was not
G accepted. Against the order of Single Judge a writ appeal was preferred.
The State of West Bengal and Calcutta University also filed separate writ
appeals. A Division Bench of the High Court, dismissed all the writ appeals
expressing its agreement with the Single Judge that the Ramakrishna
Mission comprised of followers of Ramakrishna, being a minority based
on religion was protected under Article 30(1) of the Constitution. the
H Division Bench also expressed its disagreement with the view that Article
BRAM CHARI SIDHESWAR BI-W v. STATE 747

26(a) of the Constitution did not protect the Ramakrishna Mission from A
establishing educational institutions as a religious denomination. It fur-
ther held that since both the West Bengal Acts of 1975 and 1978 did not
contain any express provision including their application to educational
institutions established and maintained by the Ramakrishna Mission,
those Acts would be inapplicable, to the Ramakrishna Mission College and B
other colleges of Ramakrishna Mission for to hold otherwise would
amount to infringement of the rights enjoyed by the Ramakrishna Mission
under Article 26(a) and 26(b) of the Constitution.

In appeals to this Court on the questions whether:
c
1. Can the citizens of India residing in the St~te of West Bengal who
are professing, practising or propagating the religious doctrines and
teachings of Ramakrishna and have become his followers, claim to belong
to a minority based on Ramakrishna religion which was distinct and
different from Hindu religion and as such entitled to the fundamental right
under Article 30(1) of the Constitution of India, of establishing and D
administering educational institu_tions of their choice through Ramakrish-
na Mission or its branches in that State?

2. Do persons belonging to or owing allegiance to Ramakrishna
Mission belong to a religious denomination or any section thereof as would E
entitle them to claim the fundamental rights conferred on either of them
under Article 26 of the Constitution?

3. If persons belonging to or owing allegiance to Ramakrishna
Mission is a religious denomination or a section thereof, have they are
fundamental right of establishing and maintaining institutions for a F
charitable purpose under Article 26(a) of the Constitution of India?

4. If Ramakrishna Mission as a religious denomination or a section
thereof establishes and maintains educational institutions, can such in-
stitutions be regarded as institutions established and maintained for G
charitable purpose within the meaning of Article 26(a) of the Constitution
oflndia?

5. Is Ramakrishna Mission College at Rahra established and main-
tained by Ramakrishna Mission and if so, will the constitution of its
governing body by the Government of West bengal amounts to infringe- H
748 SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A ment of Ramakrishna Mission's fundamental right to establish and main-
tain an educational institution under Article 26(a) of the Constitution of
India?

6. Can the court direct the West Bengal Government because of West
Bengal Act, 1975 and West Bengal Act 1978, to constitute governing body
B on 'standard pattern' of sponsored college envisaged under its Memo
dated 18th April, 1978 in respect of Ramakrishna Mission College when
that memo itself says that colleges' established and maintained by Missions
on the basis of agreements cannot be treated as sponsored colleges for the
purpose of constituting governing bodies for them on a 'standard pattern':
c Dismissing the appeals, this Court

HELD: 1. The citizens of India residing in the State of West Bengal,
who are professing, practising or propagating the religious doctrines and
teachings of Ramakrishna and have become bis followers, cannot claim to
D belong to a minority based on Ramakrishna religion which was distinct
and different from Hindu religion and as such are not entitled to the
fundamental right under Article 30(1) of the Constitution of India, of
establishing and administering educational institutions of their choice
through Ramakrishna Mission or its branches in that State. [788-G-H]

E 2. The view of the High Court that Ramakrishna religion exists apart
and distinct from the Hindu religion and it is a minority religion which
has the protection of Article 30(1) of the Constitution of India are unsus-
tainable. [796-E)

3. The views that Shri Ramakrishna brought into existence, during
F his life time, by his practices and teachings a religion distinct and different
from Hindu religion and it was Ramakrishna universal religion, indeed,
go against the philosophy of Hindu religion as expounded, practiced and
preached by Shri Ramakrishna himself and latter propagated to the ooole
world by his principal disciple Swami Vivekananda and other disciples.
G [785-GJ
4. The peculiar circumstances which led Ramakrishna Mission to
make a claim that Ramakrishna religion was a distinct and separate
religion from Hindu religion and, therefore, a minority religion having the
protection of Article 30(1) of the Constitution, to save the Ramakrishna
H Mission College for Ramakrishna Mission and all other educational in-
BRAM CHARI SIDHESWAR BHAI v. STATE 749

stitutions established and administered by Ramakrishna Mission or its A
branches from being taken away under one pretext or the other by the State
Government, should not have found favour with the High Court for
declaration that Ramakrishna religion as a minority religion entitled to
protection under Article 30(1) of the Constitution of India, when such
claim made on behalf of R~makrishna Mission was based not on the
B
sayings, teachings, preachings or practices of Ramakrishna and Swami
Vivekananda pertaining to Hinduism not tied-down to any definite
philosophic concepts, but on supposed statements made by Swami
Vivekananda without indicating context or place and time in which they
were made. Even otherwise those statements, as they stands, do not indi·
cate that Ramakrishna brought into existence his own religion and called C
it Ramakrishna religion. [784-G-H, 785-A-B)

5. What is said by Ramakrishna of Hindu religion and what is said
by Swami Vivekananda of Vedanta, the very soul of Hindu religion and its
message that 'service to man is service to God' makes it abundantly clear D
that Ramakrishna brought into existence no religion of his own which was
called as universal religion, but gave the message of Vedanta of 'service to
man is service to God' as the universal principle basic to all religions and
it being the message which was preached by Swami Vivekananda as the
message given by his master based on Vedanta philosophy of Hindu
religion, it would be a travesty of truth to say that Ramakrishna created E
a religion independent, distinct and apart from Hindu religion and called
it a universal religion. Indeed, Hindu philosophy by Ramakrishna could
be regarded as that expounded by him to serve humanity of the changing
world. Shri Ramakrishna is, therefore, rightly regarded by Hindus, great
philosophers and thinkers of the word, who have studied the lives and F
works of Shri Ramakrishna and his disciples and others as the incarnation
of Rama. the truth and Krishna· the love, born in Dakshineswar as great
saint, not only to save Hindu religion from its extinction, but to rejuvenate
•
it with the message of Vedanta that 'service to man is service to God', calls
for our acceptance without any hesitation. [787-F-H, 788-A)
G
6. That Swami Vivekananda changed his views on religion in his
latter years, having been influenced by the West, even if true, it is incon·
ceivable that the same can have the effect of Shri Ramakrishna himself
bringing up a religion of his own according to the subsequent thinking of
Swami Vivekananda. On the contrary, what becomes obvious and evident H
750 SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A from the exortations of Swami Vivekananda himself; what the proclaimed
to the world was that it is Vedanta and Vedanta alone that can become the
universal religion of man and it is Hindu religion alone that is fitted to
that role, in that, Hindu religion being inclusive and broad enough to
include all the ideals of all religions in the world was indeed, the universal
religion. Hence, to say that there came into existence Ramakrishna religion
B - a universal religion, apart and distinct from Hindu religion would, again
be travesty of truth and reality. (788-D-F]

Shastri Yagnapuntshdasji and Ors. v. Muldas Bhundardas Vaishya and
Anr., AIR (1966) SC 1119 and Commissioner, Hindu Religion Endowments,
C Madras v. Sri Lakshmindra Thi1tha Swaminar of Sri Shinu· Mutt, [1954] SCR
1005, relied on.

Davis v. Benson, 133 US 342, cited.

G.M. Jagtiani, Hinduism by Swami Vivekananda and His Call to the
D Nation, referred to.

7. The persons belonging to or owing allegiance to Ramakrishna
Mission or Ramakrishna Math as followers of of Ramakrishna, form a
religious denomination in Hindu religion. As a necessary concomitant
thereof, they have a fundamental right of establishing and maintaining
E institutions for a charitable purpose under Article 26(a) of the Constitu-
tion of India, subject, of course, to public order, morality and health
envisaged in that very Article. (791-C]

8. Persons who claim to belong to religious denomination envisaged
F under Article 26 of the Constitution can succeed in such claim only when
they fulfil or satisfy the tests viz. (i) a collection of individuals who have a
system of belief with regard to their conducive spiritual well-being; (ii) a
common organisation; and (iii) a definite name. No good reason in shown
for not accepting the view of the Division Bench on the point that Ramak-
rishna Mission of Ramakrishna Math is 'a religious denomination'.
G Hence, it has rightly been held by the Division Bench of the High Court
that followers of Ramakrishna, who are a collection of individuals, who
adhere to a system of beliefs as conducive to their spiritual well-being, have
organised themselves collectively and who have an organisation of definite
name as Ramakrishna Math or Ramakrishna Mission could be regarded
H as a religious denomination within Hindu religion. (789-F-G, 790-B, G]
BRAMCHARISIDHESWARBHA!v.STATE 751

Commissioner, Hindu Religious Endowments, Madras v. S1i A
Lakshmindra Thirtha Swamiar of Sri Shintr Math, [1954] SCR 1005 and
Acharya Jagdishwaranand Avadhuta Etc. v. Commissioner of Police, Calcutta
& Anr., [1984] 1 SCR 447, relied on.

9. The High Court should not have decided on the general question
whether educational institutions established and maintained by religions
B
denomination including those established and maintained by Ramakrish-
na Mission for general education get the protection of Article 26(a) of the
Constitution when that question in a general form, was not really at issue
before them. Therefore, the views expressed on the question shall, ought
to be treated as non est and the question is left open to be decided in proper C
case, where snch question really arises and all the parties who might be
concerned with it are afforded adequate opportnnity to have their say in
the matter. So also, question of directing the West Bengal Government
because of the West Bengal Act of 1975 and the West Bengal Act of 1978,
to constitute governing body in 'standard pattern' of sponsored college D
envisaged under its Memo dated 18th April, 1978 in respect of Ramakrish-
na Mission College, cannot arise. [792-E-F, ,796-C]

10. The State Government has excepted the Ramakrishna M_ission
College at Rahra in the matter of constituting of a Governing Body on
standard pattern for the obvious reason that constituting such a governing E
body for a college like Ramakrishna Mission College which was all through
allowed to have a governing body constituted by Ramakrishna Mission
which had built the College on its land conceding to the request made in -
that behalf by the State Government itself on the initiation of Central
Government, may not be just. Thus when Ramakrishna Mission College F
had come to be built, established and managed by the Ramakrishna
Mission, it is difficult to think that the High Court was not right in holding
that the Government shonld not be directed by issue of a mandamus, to
constitute a governing body for the Ramakrishna Mission College on
standard pattern taking recourse to the West Bengal Act of 1975 and the G
• West Bengal Act of 1978 although for its own reasons. Therefore, in the
peculiar fact• and circumstances in which Ramakrishna Mission College
at Rahra was established on Ramakrishna Mission's land and allowed to
be administered by the Ramakrishna Mission through its own Governing
Body, it is felt that interests of justice may suffer by directing the State
Government to constitute its own governing body on standard pattern of H
752 SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A the usual sponsored colleges, as prayed for by the writ petitioners. How-
ever, the views expressed by this Court in the matter shall not come in the
way of the State Government to change their earlier arrangement with the
Ramakrishna Mission in the matter of governance of the Ramakrishna
Mission College, if no objective considerations such change becomes neces-
sary in the larger interests of students, teachers and other employees of
B that College and is so permitted by law. [795-D-H, 796-A)

Siddarajbhai v. State of Gujarat, AIR (1963) SC 540, referred to.

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4434A-
34D of 1986 Etc. Etc.
c
From the Judgment and Order dated 28.8.85 of the Calcutta High
Court in F.M.A.T. Nos. 13, 42, 270 & 490 of 1984.

Shanti Bhushan, Tapas Ray, A.K. Ganguli, P.P. Rao, Dhruv Kr.
D Mukherjee, H. Puri, S.K. Puri, Raj Kumar Gupta for Rajesh, Dilip Sinha,
J.R. Das for Sinha and Das, Indra Makwana, V.B. Joshi, Umesh Bhagwat,
Alok Singh, Rathin Das, Abhijit Sengupta, A.O. Sikti, A.K. Chakravarti,
A. Mariarputham, Ms. Aruna Mathur, Chaktavarty, Bijan Kumar Ghosh,
P.P. Choudhary and R.K. Gupta for the appearing parties.

E The Judgment of the Court was delivered by

VENKATACHALA, J. The sustainability of the common judgment of
Division Bench of the Calcutta High Court rendered in appeals preferred
against the order of dismissal of a Writ Petition by a learned single Judge
of the same High Court by which the claim of the followers of Ramakrishna
F that an educational institution established and administered by their
Ramakrishna Mission receives protection under Article 30(1) of the Con-
stitution of India being an educational institution established and ad-
ministered in exercise of their fundamental right as a minority based on
religion and under Article 26( a) of the Constitution of India being an
G educational institution established and maintained in exercise of their
fundamental right as a religious denomination or a section thereof, is
upheld, since arises for our consideration in the present appeals filed
against that judgment, all of them could be disposed of by this judgment.

As the writ petition filed in the High Court, which has led to the
H present appeals related to Ramakrishna Mission Vivekananda Centenary
BRAMCHARISIDI-IESWAR BI-IAiv. STATE [VENKATACI-IAI.A,J.) 753

College at Rahra - 'Ramakrishna Mission College', established and ad- A
ministered by Ramakrishna Mission, it would be advantageous to refer to
material facts relating to establishment and administration of that College
and the controversies thereto which led to the filing of the writ petition,
and ultimately the present appeals, for a proper apprisal and appreciation
of the points arising for our consideration in deciding the present appeals.
B
Such facts are briefly these:

By letter dated 19th July, 1961, the Secretary, Education Department
of Government of West Bengal informed Swami Punnyananda Maharaj of
Ramakrishna Mission Boys' Home of Ramakrishna Mission at Rahra of
the willingness of Government of India for granting rupees two lakhs for C
construction of a college building on a suitable site at Rahra to be made
available by Ramakrishna Mission and of the willingness of the Chief
Minister to meet the additional cost of construction of such college build-
ing from funds of State Government, requested him to communicate the
acceptance by Ramakrishna Mission of the proposal and further prepare D
plans and estimated cost of college building early. On Ramakrishna
Mission's acceptance of the said proposal Government of West Bengal,
issued Memo dated 27th October, 1961, intimating its Director of Public
Instrnction of Governor's approval for setting up a three year degree
college under the auspices of Ramakrishna Mission Boys' Home at Rahra
at its site at an estimated cost of Rs. 7,25,000 to be borne by the State E
Government and Government of India. Thereafter, by a letter dated 25th
April, 1962 the Deputy Secretary to Government of West Bengal addressed
to Registrar, Calcutta University intimated him of the three year degree
college to be set up at Rahra under the auspices of Ramakrishna Mission
and its readiness to manage the college through a Governing Body to be F
constituted by it. In turn, by another letter dated 29th August, 1962, the
Director of Public Instruction intimated to the Registrar, Calcutta Univer-
sity that the said college was being inaugurated under the auspices of
Ramakrishna Mission Boys' Home and will function as a sponsored college
with financial assistance from the State Government and Union Govern-
ment and requested for obtaining University's affiliation of the college upto G
B.A/B.Sc. courses and approval of College Governing Body constituted by
the Ramakrishna Mission. Calcutta University being of the view, that it was
quite fitness of thing that the college was being ushered into existence in
commeration of the birth centenary of Vivekananda, who contributed so
much to uplift the down-trodden and the building up of national character H
754 SUPREME COURT REPORTS (1995] SUPP. 1 S.C.R.

A and education, npt only granted affiliation to the proposed College, but
also accorded approval to Governing Body of that College as constituted
by Ramakrishna Mission. Thereafter, Governing Body of the College as
constituted by Ramakrishna Mission from time to time with special ap-
proval obtained from the State Government and the University, continued
to administer the affairs of that College. Ramakrishna Mission College did
B not, therefore, have a Governing Body which was modelled on the common
pattern of governing bodies of sponsored colleges as becomes clear even
from Government Memo dated 16th January, 1971 conveying approval of
Governor for common pattern of Governing bodies of sponsored colleges,
for it said, that the approval given by Governor regarding composition of
C the governing bodies of the sponsored colleges, did not include Governing
Bodies of sponsored colleges run by Missionary Societies on the basis of
agreement with respective Missions. Indeed, the letter of Deputy Secretary
to Government referring to the said Memo had clarified that the Memo in
its application to specially sponsored colleges such as colleges managed by
D Ramakrishna Mission, Christian Order Missionary Society, Brahma Samaj,
Trust Deed etc. would be modified by Government according to exigencies
by mutual agreement with Mission/Society/parties concerned. In his Memo
dated 18th April, 1978, the Deputy Secretary to Government of West
Bengal also clearly stated that the Government had been feeling the
necessity of revising the existing pattern for composition of Governing
E Bodies of Government sponsored colleges on a "standard pattern" except-
ing where the college concerned had a special constitution on the basis of
Trust Deed or where the college was run by the Missionary Societies on
the basis of agreement with respective Missions.

F When according to the said Memo dated 18th April, 1978, the
existing Governing Body of the Ramakrishna Mission College was carrying
on the governance of that college, that on 12.8.1980 by a letter of even date,
Principal of that college Swami Jitananda resigned his post. This situation
led to the appointment of Shivamoyananda who was till then head of
Ramakrishna Mission Vidya Mandir, Bellurmath, as Principal of Ramak-
G rishna Mission College.

Teachers Council of the Ramakrishna Mission College who were
agitated by new Principal's appointment, by resorting to strike, took over
the management of the College and prevented the newly appointed Prin-
H cipal Shivamoyananda from functioning as Principal but also made Prof.
BRAMCHARISIDHESWARBHA!v. STATE[VENKATACHALA,J.] 755

A.R. Das Gupta to function as the in-charge Principal of that College. This A
untoward situation led Ramakrishna Mission and the Secretary of the
Governing Body of the College institute a civil suit - Suit No. 111 of 1980
in 10th Court of Sub-Judge, Alipore seeking a declaration that the
functioning of A.R.Das Gupta as Principal and the functioning of 14
professors in the college was illegal.
B
When the affairs of the said Ramakrishna Mission College stood as
above, that on 18.12.1980 the appellants in Civil Appeal No. 4937 of 1985,
by filing C.O. No. 12837(W) of 1980 in the High Court sought for issue of
(i) a writ in the nature of mandamus commanding the Government of West
Bengal to reconstitute the Governing Body of the Ramakrishna Mission C
College according to standard pattern for Governing Bodies of sponsored
colleges as per Government Memo No. 752-Edn (CS}/C.S. 30-3/77 dated
18th April, 1978 (ii) a writ declaring that the Ramakrishna Mission College
is governed by W.B. Act of 1975 and W.B. Act of 1978; (iii) a writ in the
nature of quo warranto restraining Swami Shivmoyananda as Principal of D
Ramakrishna Mission College and other incidental writs.

The grant of prayers sought for in the said writ petition was resisted
by Ramakrishna Mission, Secretary of the Ramakrishna Mission College
and Shivamoyananda, who were respondents in that writ petition and are
respondents in present Civil Appeal No. 4937 of 1985 and other civil E
appeals.

However, as three notices were sent by the Calcutta University to
Ramakrishna Mission during the pendency of th.<;. writ petition for
reconstituting the Governing Bodies of the Ramakrishna Mission Residen- F
tial College, Narendrapur, Ramakrishna Mission Siksha Mandir, Howrah
and Ramakrishna Mission Vidya Mandir, Howrah, the sustainability of
those notices was questioned by Ramakrishna Mission, by filing an Inter-
locutory Application in the writ petition itself.

A learned single Judge of the High Court although dismissed the said G
Writ Petition, quashed the said three notices issued by the Calcutta Univer-
sity to the Ramakrishna Mission for reconstituting the Governing Bodies
of its three colleges, on his view that the Ramakrishna Mission College and
other colleges of Ramakrishna Mission since established and administered
by Ramakrishna Mission, comprised of the followers of Ramakrishna H
756 SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A religion, being protected under Article 30(1) of the Constitution, the
provisions in W.B. Act of 1975 and the W.B. Act of 1978, did aot apply,
However, he did not accept the claim of the Ramakrishna Mission that
Article 26( a) of the Constitution enabled the Ramakrishna Mission to
establish educational institutions as a religious denomination. The writ
B petitioners, who were aggrieved against the order of dismissal of their writ
petition by the learned single Judge and of quashing of the notices for
reconstituting of Governing Bodies of certain colleges of the Ramakrishna
Mission preferred a writ appeal against that order. The State of West
Bengal and Calcutta University who also felt aggrieved by the said order
of learned single Judge, filed separate writ appeals questioning its correct-
C ""'"· A Division Bench of the High Court, which clubbed those writ
appeals and heard them together, dismissed all of them by a common
judgment having expressed its agreement with the learned single Judge that
the Ramakrishna Mission comprised of followers of Ramakrishna, being a
minority based on religion, was protected under Article 30(1) of the
D Constitution, and also its disagreement with the view that Article 26(a) of
the Constitution did not protect the Ramakrishna Mission from estab-
lishing educational institutions as a religious denomination. Dismissal of
the appeals was also based on the view of the Division Bench that both the
W.B. Act of 1975 and the W.B. Act of 1978 since did not coniain any
express provision including their application to educational institutions
E
established and maintained by the Ramakrishna Mission, those Acts would
be inapplicable, to the Ramakrishna Mission College and other colleges of
Ramakrishna Mission for to hold otherwise would amount to infringement
of the rights enjoyed by the Ramakrishna Mission under Article 26(a) and
26(b) of the Constitution. However, it left open the question of legality of
F otherwise of the direction contained in the notices issued by the Calcutta
University to the Ramakrishna Mission for recon.,titution of Governing
Bodies of the Ramakrishna Mission Residential College, Narendrapur,
Ramakrishna Mission Siksha Mandir, Howrah and Ramakrishna Mission
Vidya Mandir, Howrah.
G
The present appeals are those filed against the said judgment of the
Division Bench by the appellants in the writ appeals before the High Court
and by interested persons who have filed the appeals against the same
judgment by permission of this Court, though they were not parties in the
H proceedings of the Writ Petition in the High Court and in the writ appeals
BRAMCHARJSIDHESWAR BHA!v. STATE [VENKATACHALAJ.] 757

in the same Court. A

We have heard oral arguments of learned counsel appearing fur
respective par6es in these appeals. We have also carefully read the written
submissions filed by learned counsel in these appeals on behalf of their
respective parties.
B
The points arising for our consideration for deciding these appeals in
the light of the material facts adverted to as leading to the filing of them and
the oral arguments of learned counsel made on behalf of their respective
parties in these appeals and also the written submissions filed by them on
behalf of their respective parties in these appeals, would be the following:
c
1. Can the citizens of India residing in the State of West Bengal
who are .professing, practising or propagating the religious
• doctrines a'nd teachings of Ramakrishna and have become his
followers, claim to belong to a minority based on Ramakrishna
religion which was distinct and different from Hindu religion and D
as such entitled to the fundamental right under Article 30(1) of
the Constitution of India, of establishing and administering
educational institutions of their choice through Ramakrishna
Mission or its branches in that State'!

2. Do persons belonging to or owing allegiance to Ramakrishna E
Mission belong to a religious denomination or any section thereof
as would entitle them to claim the fundamental rights conferred
on either of them under Article 26 of the Constitution of India?

3. If persons belonging to or owing allegiance to Ramakrishna
Mission is a religious denomination or a section thereof, have F
they the fundamental right of establishing and maintaining in-
stitutions for a charitable purpose under Article 26(1) of the
Constitution of India.

4. If Ramakrishna Mission as a religious denomination or a section G
thereof establishes and maintains educational institutions, can
such institutions be regarded as institutions established and main-
tained for charitable purpose within the meaning of Article 26(a)
of the Constitution of India?

5. Is Ramakrishna Mission College at Rahra established and main- H
758 SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A tained by Ramakrishna Mission and if so, will the constitution of
its governing body by the Government of West Bengal amounts
to infringement of Ramakrishna Mission's fundamental right to
establish and maintain an educational institution under Article
26(a) of the Constitution of India?

B 6. Can the court direct the West Bengal Government because of
W.B. Act 1975 and W.B. Act 1978, to constitute governing body
on 'standard pattern' of sponsored college envisaged under its
Memo dated 18th April, 1978 in respect of Ramakrishna Mission
College when that memo itself says that colleges established and
C maintained by Missions on the basis of agreements cannot be
treated as sponsored colleges for the purpose of constituting
governing bodies for them on a 'standard pattern'.

Before taking up the above points of consideration, we may advert •
to the views of this Court expressed in some of its decisions on matters,
D such as Hindu religion, religious denomination, to our advantage:

A Constitution Bench of this Court in the Commissioner, Hindu
Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri
Shimr Mutt, [1954] SCR 1005 speaking through Mukherjee, J. (as he then
was), who spoke for the Bench while holding that certain provisions of the
E Madras Hindu Religious and Charitable Endowments Act, 1951 imposing
tax on religious trusts and institutions were ultra vires Article 26 of the
Constitution of India, adverted to the meaning of the word 'religion' and
the expression 'religious denomination' found in the Constitution of India,
thus:
F
"....The word 'religion' has not been defined in the Constitution
and it is a term which is hardly susceptible of any rigid definition.
In an American case Davis v. Benson, 133 US at 342 it has been
said 'that term 'religion' has reference to one's views of bis relation
to his Creator and to the obligations they impose of reverence for
G His Being and character and of obedience to His will. It is often
confounded with cultus of form or worship of a particular sect, but
is distinguishable from the latter.' We do not think that the above
definition can be regarded as either precise or adequate. Articles
25 and 26 of our Constitution are based for the most part upon
H article 44(2) of the Constitution of Eire and we have: great doubt
BRAMCHARI SIDHESWAR BHA!v. STATE [VENKATACHALA,J.] 759

whether a definition of 'religion' as given above could have been A
in the minds of our constitution when makers when they framed
the constitution. Religion is certainly a matter of faith with in-
dividuals or communities and it is not necessarily theistic. There
are well known religions in India like Buddhism and Jainism which
do not believe in God or in any Intelligent First Cause: A religion B
undoubtedly has its basis in a system of beliefs or doctrines which
are regarded by those who profess that religion as conductive to
their spiritual well being, but it would not be correct to say that
religion is nothing else but a doctrine or belief. A religion may not
only lay down a code of ethical rules for its followers to accept, it
might prescribe rituals and observances, ceremonies and modes of C
worship which are regarded as integral parts of religion, and these
forms and observances might extend even to matters of food and
. dress."

Then dealing with the meaning and connotation of the expression D
'religious denomination' and whether a Math could come within this ex-
pression, it has been observed thus:

"..The word 'denomination' has been defined in the Oxford Dic-
tionary to mean 'a collection of individuals classed together under
the same name: a religious sect or body having a common faith E
and organisation and designated by a distinctive name.' It is well
known that the practice of setting up Maths as centres of theologi-
cal teaching was started by Shri Sankaracharya and was followed
by various teachers since then. After Sankara, came a galaxy of
religious teachers and philosophers who founded the different F
sects and sub-sects can certainly be called a religious denomina-
tion, as it is designated by a distinctive name, - in many cases it is
the name of the founder, - and has a common faith and common
spiritual organisation. The followers of Ramanuja, who are known
by the name of Shri Vaishnabas, undoubtedly constitute a religious G
denomination; and so do the followers of Madhwacharya and other
religious teachers. It is a fact well established by tradition that the
eight Udipi Maths were founded by Madhwacharya himself and
the trustees and the beneficiaries of these Maths profess to be
followers of the t'acher. The High Court has found that the Math
in question is in charge of the Sivalli Brahmins who constitute a H
760 SUPREME COURT REPORTS (1995] SUPP.1 S.C.R.

A section of the followers of Madhwacharya. As Article 26 con-
templates not merely a religious denomination but also a section
thereof, the Math or the spiritual fraternity represented by it can
legitimately come within the purview of this article."

In Shastri Yagnapurushdasji and Others v. Muldas Bh1mdardas
B Vaishya and Another, AIR (1966) SC 1119 a Constitution Bench of this
Court was required to consider the question whether the Bombay High
Court was right in holding that Swami Narayan Sampradaya sect to which
the appellants before the Court belonged is not a religion distinct and
separate from the Hindu religion. In that context, Gajendragadkar, C.J.
C who spoke for the Bench considered the questions elaborately as to who
are Hindus and what are the broad features of Hindu religion, thus:

"(27) Who are Hindus and what are the broad features of
Hindu religion, that must be the first part of our enquiry in dealing
with the present controversy between the parties. The historical
D
and etymological genesis of the word 'Hindu' has given rise to a
controversy amongst indo-logists; but the view generally accepted
by scholars appears to be that the word 'Hindu' is derived from
the river Sindhu otherwise known as Indus which flows from the
Punjab. 'That part of the great Aryan race', says Monier Williams,
E 'which immigrated from Central Asia, through the mountain passes
into India, settled first in the districts near the river Sindhu (now
called the Indus). The Parisian pronounced this word Hindu and
named their Aryan brethren Hindus. The Greeks, who probably
gained their first ideas of India Persians, dropped the hard aspired,
F and called the Hindus 'Indoi'.

(28) The Encyclopaedia of Religion and Ethics, Vol. VI, has
described 'Hinduism' as the title applied to that form of religion
which prevails among the vast majority of the present population
of the Indian empire (p.686). As Dr. Radhakrishnan has observed:
G 'The Hindu civilization is so called, since its original founders or
earliest followers occupied the territory drained by the Sindhu (the
Indus) river system corresponding to the North-West Frontier
Province and the Punjab. This is recorded in the Rig Veda, the
oldest of the Vedas, the Hindu scriptures which give their name
H to this period of Indian history. The people on the Indian side of
BRAMCHARISiDHESWAR BHAiv. STATE [VENKATACHALA,J.] 761

the Sindhu were called Hindu by the Persian and the later western A
invaders [The Hindu View of Life by Dr. Radhakrishnan, p.12).
That is the genesis of the word 'Hindu'.

(29) When we think of the Hindu religion, we find it difficult,
if not impossible, to define Hindu religion or even adequately
describe it. Unlike other religions in the world, the Hindu religion
B
does not claim any one prophet; it does not worship any one God;
it does not subscribe to any one dogma; it does not believe in any
one philosophic concept; it does not follow any one set of religious
rites or performances; in fact, it does not appear to. satisfy the
narrow traditional features of any religion or creed. It may broadly C
be described as a way of life and nothing more.

(30) Confronted by this difficulty, Dr. Radhakrishnan realised
that 'to many Hinduism seems to be a name without any content.
Is it a museum of beliefs, a medley or rites, or a mere map, a D
geographical expression [The Hindu View of Life by Dr. Radhak-
rishnan, p.11)? Having poses these questions which disturbed for-
eigners when they think of Hinduism, Dr. Radhakrishnan has
explained how Hinduism has steadily absorbed the customs and
ideas of peoples with whom it has come into contact and has thus
been able to maintain its supremacy and its youth. The term E
'Hindu', according to do. Radhakrishnan, had originally the ter-
ritorial and not a credal significance. It implied residence in a well
defined geographical area. Aboriginal tribes, savage and half-civ-
ilized people, the cultured Dravidians and the Vedic Aryans were
all Hindus as they were the sons of the same mother. The Hindu F
thinkers reckoned with the striking fact that the men and women
dwelling in India belonged to different communities, worshiped
different gods, and practised different rites [The Hindu View of
Life by Dr. Radhakrishnan, p.12) (Kurma Purana).

·. (31) Monier Williams has observed that 'it must be borne in G
mind that Hinduism is far more than a mere form of theism resting
on Brahmanism. It presents for our. investigation a complex con-
geries of creeds and doctrines which in its gradual accumulation
may be compared to the gathering together of the mighty volume
·of the Garden swollen by a continual influx of tributary rivers and H
762 SUPREME COURT REPORTS [1995) SUPP.1 S.C.R.

A rivulets, spreading itself over an ever- increasing areas of country,
and finally resolving itself into an intricate Delta of tortuous
streams and jungly marshes ..... The Hindu religion is a reflection
of the composite character of the Hindus, who are not one people
but many. It is based on the idea of universal receptivity. It has
ever aimed at accommodating itself to circumstances, and has
B carried on the process of adaptation through more than three
thousand years. It has first borne with and then, so to speak,
swallowed, digested, and assimilated something from all creeds
[Religious Thought & Life in India by Monier Williams, p.57].' ... .'

C Dealing with broad sweep of the Hindu philosophic concept, it has
been stated thus:

(33) The monistic idealism whilom can be said to be the general
distinguishing feature of Hindu Philosophy has been expressed in
D four different forms: (1) Non-dualism or Advaitism; (2) Pure
monism, (3) Modified monism; and (4) Implicit monism. It is
remarkable that these different forms of monistic idealism purport
to derive support from the same Vedic and Upanishadic texts.
Shankar, Ramanuja, Vallabha and Madhva all based their
philosophic concepts on what they regarded to be the synthesis
E between the Upanishads, the Brahmasutras and the Bhagvad Gita.
Though philosophic concepts and principles evolved by different
Hindu thinkers and philosophers varied in many ways and even
appeared to conflict with each other in some particulars, they all
had reverence for the past and accepted the Vedas as sole foun-
F dation of the Hindu philosophy. Naturally enough, it was realised
by Hindu religion from the very beginning of its carreer that truth
was many-sided and different views contained different aspects of
truth which no one could fully express. This knowledge inevitably
bred a spirit of tolerance and willingness to understand and ap-
preciate the opponent's point of view. That is how 'the several
G views set forth in India are considered to be the branches of the
self-same tree. The short cuts and blind alleys are somehow recon-
ciled with the main road of advance to the truth [ibid, p.48].' When
we consider this broad sweep of the Hindu philosophic concepts,
it would be realised that under Hindu philosophy, there is no scope
H for ex- communicating any notion or principle as heretical and
BRAMCHARISIDHESWARBHA!v. STATE[VENKATACHALA,J.] 763

rejecting it as such." A
Thereafter, the basic concepts of Hindu religion, are stated thus:

(35) ...... The first amongst these basic concepts is the accep-
tance of the Veda as the highest authority in religious and
philosophic matters. This concept necessary implies that all the B
systems claim to have drawn their principles from a a COffilllOn
reservoir of thought enshrined in the Veda. The Hindu teaGlters
were thus obliged to use the heritage they received from the past
in order to make their views readily understood. The other basic
concept which is common to the six systems of Hindu philosophy C
is that 'all of them accept the view of the great world rhythm. Vast
periods of creation, maintenance and dissolution follow each other
in endless succession. This theory is not inconsistent which belief
in progress: for it is not a question of the movement of the world
reaching its goal times without number, and being again forced
back to its starting point. ... .It means that the race of man enters D
upon and retravels it' ascending path of realization This inter-
'
minable succession of world ages has no beginning (Indian
Philosophy by Dr. Radhakrishnan, Vol.II, p.26).' It may also be
said that all the systems of Hindu philosophy belief in rebirth and
pre- existence. 'Our life is a step on a road, the direction and goal E
of which are lost in the infinite. On this road, death is never an
end or an obstacle but at most the beginning of new steps (Indian
Philosophy by Dr. Radhakrishnan, Vol.II, p.27).' Thus, it is clear
that unlike other religions and religious creeds, Hindu religion is
not tied to any definite set of philosophic concepts as such."
F
Adverting to the question whether Hindus worship at their temples
the same set or number of gods, it has been observed thus:

"(36) ..... .Indeed, there are certain sections of the Hindu com-
munity which do not believe in the worship of idols; and as regards
those sections of the Hindu community which believe in the wor- G
ship of idols, their idols differ from community to community and
it cannot be said that one definite idol or a definite number of
idols are worshipped by all the Hindus in general. In the Hindu
Pantheon the first gods that were worshipped in Vedic times were
mainly Indra, Varuna, Vayu and Agni. Later, Brahma, Vishnu and H
764 SUPREME COURT REPORTS (1995) SUPP. 1 S.C.R.

A Mahesh came to be worshipped. In course of time, Rama and
Krishna secured a place of pride in the Hindu Pantheon, and
gradually as different philosophic concepts held sway in different
sects and in different sections of gods there added, with the result
that today the Hindu Pantheon presents the spectacle of a very
large number of gods who are worshipped by different sections of
B the Hindus."

However, dealing with the development of the Hindu religion and
philosophy from time to ti.me, it is observed thus:

"(37). The development of Hindu religion and philosophy shows
c that from time to time saints and religious reformers attempted to
remove from the Hindu thought and practices elements of corrup-
tion and superstition and that led to the formation of different
sects. Buddha started Buddism; Mahavir founded Jainism; Basava
became the founder of Lingayat religion, Dhyaneshwar and
D Tukaram initiated the Varakari cult; Guru Nanak inspired Sikhism;
Dayananda founded Arya Samaj, and Chaitanaya became Bhakti
cult; and as a result of the teachings of Ramakrishna and
Vivekananda, Hindu religion flowered into its most attractive
progressive and dynamic form. If we study the teachings of these
E saints and religious reformers, we would notice an amount of
divergence in their respective views; but underneath that diver-
gence, there is a kind of subtle indescribable unity which keeps
them within the sweep of the broad and progressive Hindu
1
religion.'

F Ultimately reference is made to the working formula evolved by Tilak
and is found to be adequate and satisfactory formula. That working formula
is quoted thus:

"Acceptance of the Vedas with reverence; recognition of the
fact that the means or ways to salvation are diverse; and realisation
G of the truth that the number of gods to be worshipped is large,
that indeed is the distinguishing feature of Hindu religion. [B.G.
Tilak's Gitarahasaya]."

In Acharya Jagdishwaranand Avadhuta, Etc. v. Commissioner of
H Police, Calcutta &Anr., [1984] 1 SCR 447, Ranganath Misra, J. (as he then
BRAMCHARISIDHESWARBHAlv. STATE[VENKATACHALA,J.] 765

was) speaking for a three -Judge Bench of this Court has held that Anand A
Margis being a collection of individual' who have a system of beliefs with
regard to their conductive spiritual well-being, a common organisation and
a definitive name; would be a religious denomination within the Hindu
religion, inasmuch that satisfy the tests laid down by the Constitution Bench
of this Court in that regard in Sri Shimr Mutt's case (supra).
B
We could now refer to the points arising for our consideration in
these appeals and consider them seriatim.

Point-I:

The learned single Judge of the High Court, who decided the Writ · C
Petition, took the view that the followers of Ramakrishna were entitled to
protection of Article 30(1) of the Constitution of India since the religion
preached and propagated by Thakur Sri Ramakrishna and his great chella
Swami Vivekananda, is Ramakrishna religion - a universal religion, dif-
ferent from the Hindu religion. The factors which led the learned single . D
.Judge to take the above view in respect of the Ramakrishna religion are
the following:

Fundamental tenets of Remakrishna religion set out in the statement
of Swami Ramanand in his affidavit filed. in opposition to the Writ Petition,
which according to him made it unique by comprehending all other E
religions without identifying itself with any of them :

"1. That Thakur Shri Ramakrishna Paramhansa Deva practised
various religions including Islam and realised the truth underlying
these religions.
F
2. That Shri Ramakrishna's spiritual practice culminated in ex-
perience that all beings are in essence divine and identical with
Eternal Existence, Consciousne.'5 and Bli.'-'• and that the ultimate
aim of human life is to realise this Truth and attain eternal life.
G
3. Shri Ramakrishna discovered that the same Eternal Truth un-
derlies all religious, which is the essence of all scriptures. That all
religions are true.

4. According to Shri Ramakrishna, religion is not an end in itself
but is a means to achieve the said aim of human life. H

...
766 SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A 5. He (Ramakrishna) proclaimed that all religions are only dif-
ferent paths leading lo the same goal.

6. He (Ramakrishna) preached that service to man as the vertiable
manifestation of God, in a spirit of worship, is a sure way to realise
the Truth.
B
7. Accepting all religion to be true he (Ramakrishna) prohibited
condemnation of any of them."

Most important features of Ramakrishna religion, set out by Swami
Ramananda in his affidavit in opposition, which according to him distin-
c guished Ramakrishna religion from all other cults or religions including
traditional Hinduism:

"(i). The religion of Shri Ramakrishna looks upon Sri Ramak-
rishna as an illustration and embodiment of the Religion Eternal
D which constitutes the core of all religious ideals and permits his
worship through his image (like portraits, photos, statues, etc.)
relics or otherwise with or without any ritual or ceremony.

(ii). It nut only tolerates all religions, but also accepts them all
to be true, and it considers all religions to be only different paths
E leading to the same goal, whereas other religions claim absolute
authority in all matters to the exclusion of all others. :

(iii). It believes that the underlying truth in all religions is the
same Eternal Truth which is the essence of the scriptures of all
religions."
F
Further statement made m the self-same affidavit by Swami
Ramananda:

"..... that the followers of this religion or cult of Shri Ramak-
rishna believe in and practise the universal religion of all times, as
G practised and preached by him. They believe in the universal
brotherhood of all irrespective of caste, colour, creed community,
language or nationality. Amongst the followers of Shri
Ramakrishna's religion, there are persons coming from Hindu fold
as well as from the followers of Islam, Christianity and other
H religions.1
'
BRAM CHARI SIDHESWAR BHAI v. STATE [VENKATACHALA, J.] 767

Remark of notable historian Arnold Toyanbee: A

"Shfi Ramakrishna's message was unique in being expressed in
action .... Religion is not just a matter for study, it is something that
·has to be experienced and to be believed, and this is the field in
which Shri Ramakrishna manifested his uniqueness ... His religious
activity and experience, were, in fact, comprehensive to a degree B
that.had perhaps never before been attained by any other religious
genious in India or elsewhere."

Statements of Swami Vivekananda made at different times;

'What is wanted is power of organisation do you understand
c
me? .. We want some disciples fiery youngmen ... do you see? ...
intelligent/and brave who dare to go to the jaws of death and are
ready to swim and ocean across. Do you follow me? We want
hundreds like that... both men and women. Try your utmost for
that and alone. Make converts right and left and put them into our D
purity drilling machine."

And together we conceived that this ideal had to be spread,
and not only spread, but made practical. That is to say, we must
show the spirituality of the Hindus, the mercifulness of the Bud- E
dhists the activity of the Christians, the brotherhood of Moham-
madans, by our practical lives. We shall start a universal religion
now and ·here. 11

"Each soul is potentially divine, the goal is to manifest this
divinity within, by controlling nature external and internal. Do this F
either by work or by worship by one or more, or all of them and
be free."

"I have a message and I will give it after my own fashion, will
neither be Hinduism, nor Christianism and that is all. Liberty, G
Mukti is all my religion."

"I shall inspire men everywhere, until the world shall know that
it is one with God."

Swami Jyotishwarananda's statement : H
768 SUPREME COURT REPORTS [1995] SlJPP. 1 S.C.R.

A "The Ramakrishna Mission is preeminently a religious body in
service forming a part of Sadhana or spiritual practice. It stands
on the universal ideals of religion. Its numerous preaching centres
in India and America are trying to spread through the life and
thought of their members a true knowledge of religion in its all
embracing aspects and also to promote fellowship amongst the
B followers of different religions of the world, which are in fact as
Sri Ramakrishna realised, so many forms of the Eternal and
Universal Religion."

Objects of Ramakrishna Math :
c "1. The Ramakrishna Math, otherwise called the Belur Math,
is an institution of Sannyasins, established to help individuals as to
work out their own liberation and also to train them to serve the
world in every possible way along the lines laid down by Bhagavan
Sri Ramakrishna.
D
2. The activities of the Ramakrishna Math Belur otherwise
called the Belur Math, and other Maths associated with it and
forming branch Maths or Ashramas, and the various centres of
work shall be confined to the promotion of the objects and prin-
ciples of the cult or religion of Sri Ramakrishna Paramhansa, and
E to the propagation, advancement and furtherance of the same
through publication of books, magazines etc., and establishment of
temples, prayer halls, educational, cultural and charitable institu-
tions of various types , as also other forms of preaching and seva,
which all shall be conducted along the lines of universal principles
F taught by Sri Ramakrishna and exemplified by his life."

Objects of Ramakrishna Mission :

"(a) To impart and promote the study of the Vedanta and its·
principles as pronounced by Sri Ramakrishna and practically il-
G lustrated by his own life and of Comparative Theology in its widest
form.

(b) To impart and promote the study of the art, sciences and
industries.

H (c) To carry on educational work among masses.
BRAMCHARISIDHESWAR BHAI v. STATE[VENKATACHALA,J.] 769

(d) To establish, maintain, carry, on and assist Schools, Col- A
leges, universities, Orphanages, Work Shups, Laboratories, Hospi-
tals, Dispensaries, houses for the works and other educational
and/or charitable works and institutions of a like nature."

Division Bench of the High Court while dismissing the appeals filed .. B
against the order in the Writ Petition, has upheld the views of the learned
single Judge that Ramakrishna religion was a different religion from Hindu
religion by relying on the very factors on which the learned single Judge
had based his views on the subject. However, the Division Bench has
sought to point out how Swami Vivekananda in the latter days of his life
changed his thoughts on religion influenced by Western thought and way C
of life and propounded a world religion, by referring to what was said of
him by others:

"42. Undoubtedly, thoughts of Sri Ramakrishna and Swami
Vivekananda were based on Vedanta. But their philosophy and D
religion were not identical with the Traditional Vedantabad. Dr.
Salish Chandra Chatterjee formerly Head of the Department of
Philosophy, Calcutta university, in his work 'Classical Indian
Philosophers : Their Synthesis in the Philosophy of Sri
Ramakrishna' published by the University of Calcutta, 1963, has
described Sri Ramakrishna's philosophy as Samanvaya Vedanta in E
the sense of being a synthesis of all the schools of Hindu Law. Dr.
Chatterjee in Chapter - X of the said book has discussed in detail
the said philosophy of Sri Ramakrishna. He has, inter alia, ob-
served that Sri Ramakrishna's experiences go beyond the Veda
and Vedanta. According to him, the impersonal absolute and the F
personal God are not two different realities unrelated to each
other, nor are the different realities inseparably related to each
other as substance and quality. They are same realities in different
states. According to the learned author, Bramhana is not different
from Shakti or Kali in point of Reality. Sri Ramakrishna held that G
Bramhana is present in every thought and being the Universe. Sri
Ramakrishna's teachings lay down a rational basis for reconcilia-
tion of different and conflicting systems of philosophy and relib>ion.
Dr. Chatterjee in his said book observes that religion, according
to Sri Ramakrishna, is neither religious knowledge about God, nor
philosophical speculation on God; it is the direct experience or H

1
770 SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A realisation of God. Sri Ramakrishna's conception that the end of
·Man's life is realization of the divine in him, was not identical with
the traditional Hindu view of life. One of the most remarkable
traits of Sri Ramakrishna's religion was his doctrine of harmony
of religions. He not only taught Universal Harmony but he himself
demonstrated it.
B
43. Thus although thoughts of Sri Ramakrishna and Swami
Vivekananda were based on Vedanta, their thought and action did
not remain strictly within the limits of ancient Vedantic thought.
The writings and speeches of Swami Vivekananda also clearly
c indicate his gradual transition from a preacher of Hindu thought
into a world missionary. Swami Vivekananda's views on religion
did not remain static and unchanged. Therefore, stray quotations
given form his various writings and speeches may not depict his
true views on religion. With his greater and greater acquaintance
D with the western thought and ways of life, Swami Vivekananda's
own ideas about religion and its significances underwent change.
He had began to lay greater and greater stress on the unity of •·
religions. He came gradually to believes in and propounded world
religion. Swamiji persistently sought to formulate on the basis of
Sri Ramakrishna's teachings of One Principle behind all religious
E phenomenon. Miss Marie Louse Bueke in her book 'Swami"
Vivekananda in the West' Vol. II, had observed that from the
summer of 1894 onwards simultaneous developments keeping pace
with one another were taking place in Swamiji's thought along
three lines. There was an evolution in his message, the change in
F his plan and work and the increasing degree in which he identified
his own message with Vedanta. According to the learned author,
all three were aspects of a single event - the emergence of his world
mission. According to Miss Burke, Swamiji did not teach the
ortluidox Vedanta in every respect. He mixed with it, for instance,
a great deal of Sankha in order to answer some of the questions
G posed by modern knowledge. The learned author has answered
the question why Swamiji gave the name Vedanta to his Principles
of Religion. She thinks that, on the face of it, it was not necessary,
for as Swami Vivekananda himself often observed, these principles
have always existed in greater or lesser degree in every religion.
H He wrote 'the real thing is the religion taught by Sri Ramakrishna;

•
BRAMCHARI S!DHESWAR BHA!v. STATE [VENKATACHALA,J.] 771

let the Hindu call it Hinduism and the other call it in their own A
way!!. According to Miss Burke, one obvious and important reason
of calling his religion by specific name was that the name Vedanta
already existed. One religion in all its aspects had been already
formulated for thousands of years and called Vedanta. Miss Burke
has given two other reasons, first, Swami Vivekananda attempted
B
throughout to define harmony of religion in the truest sense and
had concluded that it consisted in the recognition of the unity of
religions or rather in the recognition of religion. Another reason
why Swamiji wanted to give a name to one religion was that he
was not only ensuring purity of his principles but to make it
possible for any one to follow these principles without first attach-c
ing himself to specific creed and burdening himself with some
forms and ceremonies not necessary to him. One would become a
Vedantic and go straight to the heart of the religion."

Can the aforesaid view of the learned single judge of Calcutta High D
Court. That there came into existence Ramakrishna religion, distinct and
apart from Hindu religion, as upheld by learned Judges of the Division
Bench of the same High Court by its Judgment impugned in the present
appeals, be sustained for the reasons stated by them including the special
reason put forward by learned Judges of the Division Bench that thoughts
of Ramakrishna and Swami Vivekananda all thought were based on Vedan- E
ta, writings and speeches of Swami Vivekananda show that even though he
had grown as a preacher of Hindu thought (Hindu religion), he converted
himself into a preacher of world religion different from Hindu religion,in
latter years of his life being influenced by his greater acquaintance with
Western thought and way of life, if such view of the learned single Judge, F
as upheld by the learned Judges of the Division Bench of the High Court
came in direct conflict with the view of Hindu religion enunciated by the
Constitution Bench of this Court in its judgment in the case of Shastri
Yagnapurushdasji (supra) by according its approval to what is stated in
that regard by great philosophers and historians or of broad features of G
Hindu religion laid down by this Court in that judgment or with the views
held by Ramakrishna himself, on Hindu religion and the Hindu way of life
led by him or of what was spoken of Ramakrishna as the great saviour,
reviver and rejuvenator of Hindu religion by world thinkers, philosophers,
historians and his disciples, or the utterances of Sri Ramakrishna and
Swami Vivekananda. which show that they always continued as Hindus H
772 SUPREME COURT REPORTS (1995] SUPP. 1 S.C.R.

A professing Hindu religion and never disowned or discarded their Hindu
status or Hindu religion.

The Constitution Bench of this Court in Shastri Yag11apurnshdasji
(supra) when had occasion to deal with the question what Hindu religion
B has been, on consideration of diverse aspects of the questions before it, not
merely expressed its clear views thereon, viz., (i) that unlike other religions
in the world Hindu religion does not claim any one prophet; it does not
worship any one God; it does not subscribe to any one dogma; it does not
believe in any one philosophic concept; it does not follow any one set of
religious rites or performances and thus when it does not appear to satisfy
c any of the narrow traditional features of any religion or creed, it may
broadly be described as a way of life and nothing more; (ii) that unlike
other religions Hindu religion is not tied to any definite set of philosophic
concepts as such; and (iii) that though philosophic concepts and principles
evolved by different Hindu thinkers and philosophers varied in many ways
D and even appeared to conflict with each other in some particulars, they all
had reverence for the past and accepted the Vedas as the sole foundation
of Hindu philosophy; but also clearly accorded its approval to the views of
Hindu religion expressed by Monier Williams to the effect that the Hindu
religion is a reflection of the composite character of the Hindus, who are
not one people but many based on the idea of universal receptivity ever
E aimed at accommodating itself to circumstances, having swallowed,
digested and assimilated something from all creeds, and to the view of
Hindu religion expressed by Dr. S. Radhakrishnan 'that Hindu religion
because of the teachings of Ramakrishna and Vivekananda has flowered
into its most attractive, progressive and dynamic form.'
F
Since the afore-mentioned views that there came into existence
Ramakrishna religion, as such, distinct and part from Hindu religion, of
the learned single Judge of the High Court deciding the writ petition and
the learned Judges of the Division Bench of the High Court deciding the
G appeals are quite contrary to and directly conflict with afore-referred views
of the Constitution Bench on Hindu religion enunciated in the case of
Shastri Yaga11apu111shdasji (supra), the v;ews of the learned Judges of the
High Court that there came into existence a Ramakrishna religion which
was different and distinct from Hindu religion cannot, in our view, stand
H and become unsustainable.
BRAMCHARISIDHESWAR BHA!v. STATE[VENKATACHALA.J.) 773

Features of Hindu religion recognised by this Court in Shastri A
Yaganapurnshdasji (supra) as coming within its broad sweep are these:

(i) Acceptance of the Vedas with reverence as the highest authority
in religious and philosophic matters and acceptance with reverence of
Vedas by Hindu thinkers and philosophers as the sole foundation of Hindu
philosophy. B

(ii) Spirit of tolerance and willingness to understand and appreciate
the opponent's point of view based on the realisation that truth was
many-sided.

(iii) Acceptance of great world rhythm, vast period of creation, c
maintenance and dissolution follow each other in endless succession, by all
six systems of Hindu philosophy.

(iv) Acceptance by all systems of Hindu philosophy the belief in
rebirth and pre-existence.
D
(v) Recognition of the fact that the means or ways to salvation are
many.

(vi) Realisation of the truth that Gods to be worshipped may be
large, yet there being Hindus who do not believe in the worshipping of E
idols.

(vii) Unlike other religions or religious creeds Hindu religion not
being tied-down to any definite set of philosophic concepts, as such.

Ramakrishna - according to Aurobindo : F
".. .in him the spiritual experiences of the millions of saints who
had gone before were renewed and united. Sri Ramakrishna gave
to India the final message of Hinduism to the world. A new era
dates from his birth ... Hinduism as summed up in the life of Sri
Ramakrishna has to attempt for all.... " [World Thinkers on Ramak- G
rishna, Vivekananda, p.36] ·

Ramakrishna - according to Arnold Toynbee :

"Sri Ramakrishna's message was unique in being expressed in
action, the message itself was the perennial message of Hinduism." H
774 SUPREME COURT REPORTS [1995] SUPP.1 S.C.R.

A [Ramakrishna And His Unique Message - by Swami Ghananda,
p.10.]

Ramakrishna - according to Prof. S. Radhakrishnan :

"He has helped to r.aise from the dust the fallen standard of
B Hinduism, not in words merely, but in works too." [Ramakrishna
And His Unique Message, p.29]

Ramakrishna's view of Hindu religion :

"Hindu religion alone is the Sanatan Dharma. Various creeds
c you hear now a days have come into existence through the will of
God and will disappear again through his will. They will not last
for ever. Therefore, I bow down at the feet of even the modern
Devotees. The Hindu religion has always existed and will always
exist." [The Gospel of Sri Ramakrishna, Vol. II, p.642].
D
Swami Vivekananda's view about his Master's (Ramakrishna's)
religion :

"Then it was that Sri Ramakrishna incarnated himself in India
to demonstrate what the true religion of the Aryan race is, to show
E where amidst all its many divisions and off-shoots, scattered over
the land in the course of its immemorial history, lies the true unity
of the Hindu religion .... "

"All that I am, all that the world itself will some day be, is owing
to my Master, Sri Ramakrishna, who incarnated and experienced
F and taught this wonderful unity which underlies everything, having
discovered it alike in Hinduism, in Islam and in Christianity."
[Ramakrishna And His Message, p.57).

Address given by Swami Vivekananda at the World's Parliament of
G Religions at Chicago on 11th September, 1893 since assumes great sig-
nificance, the same being accepted as the thoughts of Ramakrishna ex-
pressed on religion, through his principal disciple Swami Vivekananda, the
important passages therein which bear on religion of Ramakrishna and his
disciple Swami Vivekananda, are excerpted :

H "It fills my heart with joy unspeakable to rise in response to the
BRAMCHARISIDHESWAR BHA!v. STATE [VENKATACHALA,J.] 775

warm and cordial welcome which you have given us. I thank you A
in the name of the most ancient order of monks in the world; I
thank you in the name of the mother or religions; and I thank you
in the name of the millions and millions of Hindu people of all
classes and sects ...

I am proud to belong to a religion which has taught the world B
both tolerance and universal acceptance. We believe not only in
universal toleration, but we accept all religions as true. I am proud
to belong to a nation which has sheltered the persecuted and the
refugees of all religions and all nations of the earth...
c
I am a Hindu. I am sitting in my own little well and thinking
that the whole world is my little well. The Christian sits in his little
well and thinks the whole world i' his well. The Mohammedan sits
in his little well and thinks that is the whole world. I have to thank
you of America for the great attempt you are making to break
down the barriers of this little world of ours, and hope that, in the D
future, the Lord will help you to accomplish your purpose .....

"From the high spiritual flights of the Vedanta philosophy, of
which the late..'t discoveries of science seem like echoes, to the low
ideas of idolatry with its multiflavour, mythology, the agnosticism E
of the Buddhists and the atheism of the J ains, each and all have a
place in the Hindu's religion ....

Here it may be said that these laws as laws may be without end,
but they must have had a beginning. The Vedas teach us that
creation is without beginning or end. Science is said to have proved F
that the sum total of cosmis energy is always the same. Then, if
there was a time when nothing existed where was all these
1
manifested energy. '

Coming to the paper on Hinduism read by Swami Vivekananda on G
Idolatry at the said Parliament of Religions on 19th September, 1893:

"One thing I must tell you. Idolatry in India does not mean
anything h'?rrible. It is not the mother of harlots. On the other
hand, it is the attempt of undeveloped minds to grasp high spiritual
truths. The Hindus have their faults, they sometimes have their H
776 SUPREME COURT REPORTS [1995) SUPP. 1 S.C.R.

A exceptions; but mark this, they are always for punishing their own
bodies, and never for cutting the throats of their neighbours."

"The Lord has declared to the Hindu in His incarnation as
Krishna: 'I AM IN EVERY RELIGION AS THE THREAD
THROUGH A STRING OF PEARLS. WHEREVER THOU
B SEEST EXTRAORDINARY HOLINESS AND EXTRAORDI-
NARY POWER RAISING AND PURIFYING HUMANITY,
KNOW THOUGH THAT I AM THERE.'"

Again speaking at the World's Parliament of Religions on 20th
September, 1893:
c
"In India, during the terrible famines, thousands died for
hunger, yet you Christians did nothing. You erect churches all
through India, but the crying evil in the East is not religion - they
have religion enough - but it is bread that the suffering millions of
D burning India cry out for with parched throats. They ask us for
bread, but we give them stones. It is an insult to a starving people
to offer them religion; it is an insult to a starving man to teach him
11
rrtetaphysics.

"The religion of the Hindus is divided into two parts, the
E ceremonial and the spiritual; the spiritual portion is specially
studies by the monks."

"In that there is no caste. A man from the highest caste and a
man from the lowest may become a monk in India and the two
castes become equal. In religion there is no caste; caste is simply
F a social Institution."

Other exortations of Swami Vivekananda on Hindu religion (Hin-
duism):

Three religions now stand in the world which have come down
G to us from time prehistoric - Hinduism, Zoroastrianism and
Judaism. They have all received tremendous shocks and all of them
prove, by their survival, their internal strength. But while Judaism
failed to absorb Christianity and was driven out of its place of birth
by its all-conquering daughter, and a handful of Parsees is all that
H remains to tell the tale of their grand religion, sect after sect arose
BRAMCHARI SIDHESWAR BHA!v. STATE [VENKATACHALA,J.] 777

in India and seemed to shake the religion of the Vedas to its A
foundations, but like the waters of the seashore in a tremendous
earthquake, it receded only for a while, only to return in an
all-absorbing flood, a thousand times more vigorous, and when the
tumult of the rnsh was over, these sects were all sucked in,
absorbed and assimilated into the immense body of the mother
B
faith. (1.6)

From the high spiritual flights of the Vedanta philosophy, of
which the latest discoveries of science seem like echoes, to the low
ideas of idolatry with its multifarious mythology, the agnosticism
of the Buddhist, and the atheism of the Jains, each and all have a C
place in the Hindu's religion. (1.6)

The Hindu religion does not consist in struggles and attempts
.. to believe a certain doctrine or dogma, but in releasing - not in
believing, but in being and becoming. Thus the whole object of
their system is by constant struggle to become perfect, to become D
divine, to reach God and see God, and this reaching God, becom-
' ing perfect, even as the Father in Heaven is perfect, constitutes
the religion of the Hindus. (1.13)

We not only tolerate, but we Hindus accept every religion, E
praying in the mosque of the Mohamedans, worshipping before
the fire of the Zorostrians, and kneeling before the cross of the
Christians, knowing that all the religions, from the lowest fetishism, .
mean so many attempts of the human soul to grasp and realise the
infinite, each determined by the conditions of its birth and associa-
tion, and each of them making a stage of progress. We gather all F
these flowers and bind them with the twine of love, making a
wonderful bouquet of worship (1.331-32}

The religion of the Vedanta can satisfy the demands of the
scientific world, by referring it to the highest generalisation and to G
the law of evolution.

Vedanta lays down that each man should be treated not as what
he manifests, but as what he stands for. Each human being stands
for the divine, and, therefore, every_teacher should be helpfu~ not
by condemning man, but by helping him to call forth the divinity H
778 SUPREME COURT REPORTS (1995J SUPP. 1 S.C.R.

A that is within him. (1.388}.

In India there never was any religious persecution by the
Hindus, but only that wonderful reverence, which they have for all
the religions of the world. (1.391}

B If your mind says something and the Vedas say something else,
stop your mind and believe in the Vedas. (1.452)

Not only is Vedanta the highest philosophy in the world , but
it is the greatest poem. (I.499)

c In one word, the ideal of Vedanta is to known man as he really
is, and this is its message, that if you cannot worship your brother
man, the manifested God, how can you worship a God who is
unmanifested? (11.325-26)

Taking country with country, there is not one race on this earth
D
to which the world owes so much as to the patients Hindu, the
mild Hindu. 'The mild llindu' son1eti1nes is usL.d as an expressing
of reproach; but if ever a reproach concealed a wonderful truth,
it is in the term 'the mild Hindu' who has always been the blessed
child of God. (III.105).
E
One thing we may note that whereas you will find that good
and great men of other countries take pride in tracing back their
descent to some robber-baron who lived in a mountain fortress
and emerged from time to time to plunder passing wayfares, we
Hindus, on the other hand, take pride in being the descendants of
F Rishis and sages who lived on roots and fruits in mountain and
caves, meditating on the Supreme. (III.139)

We must remember that for all periods the Vedas are the final
goal and authority, and if the Puranas differ in any respect from
G the Vedas, that part of the Puranas is to be rejected without mercy.
(III.173} ~-

Here we are, the Hindu race, whose vitality, whose life-prin-
ciple, whose very soul, as it were, is in religion. (III.177)

H ... .!think that it is Vedanta, and Vedanta alone that can become
BRAMCHARI SIDHESWAR BHAI v. STATE [VENKATACHALA, J.] 779

the universal religion of man, and no other is fitted for the role. A
Excepting our own, almost all the other great religions in the world
are inevitably connected with the life or Jives of one or more of
their founders. All their theories, their teachings, their doctrines
and their ethics are built round the life of a personal founder from
whom they get their sanction, their authority and their power; and,
B
strangely enough, upon the historicity of the founder's life is built,
as it were, all the fabric of such religions. If there is one blow dealt
to the historicity of that life, ... if that rock of historicity ... is shaken
and shattered, the whole building tumbles down, broken absolutely,
never to regain its lost status.
c
· Every one of the great religions in the world, excepting our
own, it built upon such historical characters; but ours rests upon
principles. There is no man or woman who can claim to have
created the Vedas. They are the embodiment of eternal principles;
sages discovered them.... (III.182-83)
D
India alone was to be, of all lands, he land of toleration and of
spirituality; ... For one of the greatest sages that was ever born
found out here in India even at that distant time, which history
cannot reach, and into whose gloom even tradition itself dares not
peep - in that distant time the sage arose and declared Ekkam Sad E
Vipra bahuda Vadanti - 'He who exists is one; the sages call Hirn
variously'. This is one of the most memorable sentences that was
ever uttered, one of the grandest truths that was ever discovered.
And for us Hindus this truth has been the very backbnone of our
national existence. For throughout the vistas of the centuries of F
our national life this one idea - Ekkam Sad vipra bahuda Vadanti
- comes down gaining in volume and in fullness till it has permeated
the whole of our national existence, till it has mingled in our blood,
and has become one with us. We live that grand truth in every vein,
and our country has become the glorious land of religious
tolerance. It is here and here alone that they build temples and G
churches for the religions which have come with the object of
condemning our own religion. (III.186-87)

.... our religion is not based upon persons but on principles.
That you obey your religion is not because it came through the H
780 SUPREME COURT REPORTS (1995] SUPP. 1 S.C.R.

A authority of a sage, no, not even of an Incarnation. Krishna is not
the authority of the Vedas, but the Vedas are the authority of
Krishna himself. His glory is that he is the greatest preacher of the
Vedas that ever existed. (III.249)

The Hindu can worship any sage and any saint from any country
B whatsoever, and as a fact we know that we go and worship many
times in the churches of the Christians, and many, many times in
the Mohammedan mosques and that is good. Why not? Ours, as
I have said, is the universal religion. It is inclusive enough, it is
broad enough to include all the ideals. All the ideals of religion
c that already exist in the world can be immediately included, and
we can patiently wait for all the ideals that are to come in the
future to be taken in the same fashion, embraced in the infinite
arms of the religion of the Vedanta. (III.251-52)

Ours is the religion of which Buddhism, with all its greatness,
D is a rebel child, and of which Christianity is a very patchy imitation.
(III.275)

Ours is the only religion that does not depend on a person or
persons; it is based upon principles. (III.280)

E .... this religion of ours admits of a marvellous variation, an
infinite amount of liberty to think and live our own lives.. (III.286-
87) .

. If there is any sect here which believes that OM ought not to
be the symbol of Hinduism, it has no right to call itself Hindu.
F (IIl.302)

Whether we are conscious of it or not, we think the Vedanta,
we live in the Vedanta, we breathe the Vedanta, and we die in the ~·

Vedanta, and every Hindu does that. To preach Vedanta in the
land of India, and before an Indian audience, seems, therefore, to
G
be an anomaly. But it is the one thing that bas to be preached and
it is the necessity of the age that it must be preached. (III323)

If at present the word Hindu means anything bad, never mind;
by our action let us be ready to show that this is the highest word
H and any language can invent. It has been one of the principles of
BRAMCHARISIDHESWAR BHAI v. STATE [VENKATACHALA,J.] 781

my life not to be ashamed of my own ancestors ... (111.368-69) A
Ay, when a man has begun to hate himself, then the last blow
has come. When a man has begun to be ashamed of his ancestors,
the end has come. Here am I, one of the least of the Hindu race,
yet proud of my race, proud of my ancestors. I am proud to call
myself a Hindu, I am proud that I am one of your unworthy B
servants. I am proud that I am a countryman of yours; - you, the
descendants of the sages, you the descendants of the most glorious
Rishis the world ever saw. Therefore, have faith in yourselves, be
proud of your ancestors, instead of being ashamed of
them.(111.381) c
I found Hinduism to be the most perfectly satisfying religion in
the world. (III.449)

The principles of the Vedanta not only should be preached
everywhere in India, but also outside. Our thought must enter into D
the make-up of the minds of every nation, not through writings,
but through persons. (IV.311)

No religion on earth preaches the dignity of humanity in such
a lofty strain as Hinduism and no religion on earth treads upon E
the neckl;.of the poor and the low in such a fashion as Hinduism.
(v.isi
The Hindu must not give up his religion, but must keep religion
within its proper limits and give freedom to society to grow. All
the reformers in India made the serious mistake of holding religion F
accountable for all the horrors of priestcraft and degeration and
went forthwith to pull down the indestructible structure and what
was the result? Failure {V.22)

'I want to see you, Swami', asked the correspondent of Prab- G
hudha Bharata, 'on this matter of receiving back into Hinduism
those who have been perverted from it. Is it your opinion that they
should be received?'

'Certainly', said the Swami, 'they can and ought to be taken'.
(V.233-34) H
782 SUPREME COURT REPORTS [1995] SUPP. I S.C.R. . 1.. ....

A Most of the Upanishads were written by Kshatriyas, while the
ritualistic portions of the Vedas came from the Brahmins (Y.309)

One peculiarity of the Vedas is that they are the only scriptures
that again and again declare that you must go beyond them. The
Vedas say that they were written just for the child mind; and when
B you have grown, you must go beyond them. (Y.311)

The Vedas, i.e. only those portions of them which agree with
reason are to be accepted as authority. Other Shastras, such as
Puranas, etc. are only to be accepted so far as they do not go
against the Vedas. All the feligious thoughts that have come
c subsequent to the Vedas, in the world, in whatever part of it, have
been derived from the Vedas. (V.315)

In Vedanta the chief advantage is that it was not the work of
one single man: and, therefore, naturally, unlike Buddhism or
D Christianity or Mohammedanism, the prophet or teacher did not
entirely swallow up or overshadow the principles. (VI.7)

The religion of the Vedas is the religion of the Hindus, and the
foundation of all Oriental religions: that is, all other Oriental
religions arc offshoots of the Vedas; all Eastern systems of religion
E have the Vcdas as authority. (VI.48)

Hinduism is the very genius of absorption. We have never eared
for ffghting. Of course, we could strike a blow now and then, in
defence of our homes! That was right. But we never cared for
fighting for its own sake. Every one had to learn that. So let these
F races of new comers whirl on! They will all be taken into Hinduism
in the end. (VIIl.266)

[Hinduism by Swami Vivekananda, published by Shri G.M.
Jagtiani]
G
This is the gist of all worship - to be pure and to do good to
others. He who sees Siva in the poor, in the weak, and in the
diseased, really worships Siva; and if he sees Siva only in the image,
his worship is but preliminary. (III.141-442)

H The only way of getting our divine nature manifested is by
BRAMCHARISIDHESWAR BHA!v. STATE [VENKATACHAIA, J.] 783

helping others to do the same. If there is inequality in nature, still A
there must be equal chance for all - or if greater for some and for
some less -the weaker should be given more chance than the strong.
In other words, a Brahmana is not so much in need of education
as a Candala. If the son of a Brahmana needs one teacher, that of
a Candala need ten. For greater help must be given to him whom
B
nature has not endowed with an acute intellect from birth. It is a
madman who carries coals to Newcastle. The poor, the downtrod-
den, the ignorant - let these be your-god. (VI.319)

There are many things to be done, but means are wanting in
this country. We have brains, but no hands. We have the doctrine C
of Vedanta, but we have not the power to reduce it into practice.
In our books, there is the doctrine of universal equality, but in
work we make great distinctions. ll was in India that unselfish and
disinterested work of the most exalted type was preached, but in
practice we are awfully cruel, awfully heartless - unable to think D
of anything besides our own mass-of-flesh bodies ... I too believe
that India will awake again, if anyone could love with all his heart
the people of the country - bereft of the grace of affluence, of
blasted fortune, their discretion totally lost, down-trodden, ever-
starved, quarrelsome, and envious. Then only will India awake,
when hundreds of large-hearted men and women, giving up all E
desires of enjoying the luxuries of life, will long and exert them-
selves to their utmost for the well being of the millions of their
countrymen who are gradually sinking lower and lower in the
vortex of destitution and ignorance. (V.125-26)
F
Carry the light and the life of the Vedanta to every door, and
rouse up the divinity that is hidden within every soul. (III.199)

[Vivekananda - His call to the Nation, pp.64, 86-87 and 89]

Shri C. Rajagopalachariar, the great scholar speaks of the greatness G
of Swami Vivekananda thus :

"Swami Vivekananda saved Hinduism and saved India. But for
him we would have lost our religion and would not gain our
freedom." [World Thinkers of Ramakrishna, Vivekananda, p.54]. H
784 SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A Thus, from what is said of Ramakrishna and Swami Vivekananda and
of their religion by great world thinkers and philosophers, the glory of
Ramakrishna is that he preached and made his principal disciple Swami
Vivekananda to preach the religion 0f Vedanta which is the religion of
Hindus, as the message of Hinduism or Hindu religion to the people of the
entire world for their future survival, good and prosperity, that is, the
B
worship of brother man, the manifested God, the living God, the human
soul in the human body.

When Shri Ramakrishna was approached by Narendar (Swami
Vivekananda) to bless him with - 'Nirvikalpa Samadi' the highest spiritual
C experience, the admonition he got from his master Ramakrishna, being
'Shame on you! I thought you would grow, like a banayan tree, sheltering
thousands from scorching of the world. But now, you seek your own
liberation.' The same, demonstrates that Ramakrishna wanted his principal
disciple to bring home to the world the religion of Vedanta which is the
D religion of Hindus, that is, 'worship of man is worship of God'.

Again from what could be seen from the aforesaid features adverted -·
to by this Court as falling under the broad sweep of Hinduism, and as the
thoughts of Ramakrishna on Hinduism and as to what great thinkers,
philosophers of the world have said of the highest contribution made by
E the great saint Ramakrishna to Hinduism and as to what Ramakrishna has
himself said of Hinduism and again as to what Ramakrishna's disciple
Swami Vivekananda has said of the Hinduism of his Master Ramakrishna,
a Hindu of Hindu religion, we find it difficult to accept, with great respect,
the view of the learned single Judge of Calcutta High Court, who decided
F the writ petition and the view of the learned Judges of the Division Bench
of the Calcutta High Court, who decided the writ appeals, taken for
upholding the claim put forward on behalf of the Ramakrishna Mission
and the Ramakrishna Mission College, that Ramakrishna religion was
distinct and separate from the Hindu religion and it was a minority religion
in the State of West Bengal. The peculiar circumstances which led Ramak-
G rishna Mission to make a claim that Ramakrishna religion was a distinct
and separate religion from Hindu religion and, therefore, a minority
religion having the protection of Article 30(1) of the Constitution, to save
the Ramakrishna Mission College for Ramakrishna Mission and all other
educational institutions established and administered by Ramakrishna Mis-
H sion or its branches from being taken away under one pretext or the other
BRAMCHARISIDHESWAR BHA!v. STATE[VENKATACHALA,J.] 785

by the State Government, should not have been fund favour by the learned A
Judges of the High Court for declaration that Ramakrishna religion as a
minority religion entitled to protection under Article 30(1) of the Constitu-
tion of India, when such claim made on behalf of Ramakrishna Mission
was based not on the sayings, teachings, preachings of practices of Ramak-
rishna and Swami Vivekananda pertaining to Hinduism not tied-down to
B
any definite philosophic concepts, to which we have adverted to, but on
supposed statements made by Swami Vivekananda without indicating con-
text or place and time in which they were made. Even otherwise those
statements, as they stand, do not indicate that Ramakrishna brought into
existence his own religion and called it Ramakrishna religion. Such decla-
ration ignores the reality that Ramakrishna, the great saint had been born c
in Dakshineswar as an Avatar of both Rama - the embodiment of truth and
Krishna - the embodiment of love, the epic Heroes of Hindus to save
Hinduism from extinction and rejuvenate it to serve the whole humanity by
expounding great principles of Vedanta, the religion of Hindus. In the
words of Swami Vivekananda himself, Hinduism being the religion of D
Vedanta can satisfy the human needs of the scientific world by referring to
' it as the highest generalisation and the law of evolution, and further
referring to it, as the only religion that does not depend on a person or
persons and taking pride of calling himself a Hindu, which were :

"Ay, when a man has begun to hate himself, then the last blow E
has come. When a man has begun to be ashamed of his ancestors,
the end has come. Here am I, one of the least of the Hindu race,
yet proud of my race, proud of my ancestors. I am proud to call
myself a Hindu."
F
The views expressed by the learned single Judge of the High Court
deciding the writ petition and the learned Judges of the Division Bench
deciding the writ appeals that Sri Ramakrishna brought into existence,
during his life time, by his practices and teachings a religion distinct and
different from Hindu rdigion and it was Ramakrishna universal religion, G
indeed, goes against the philosophy of Hindu religion as expounded,
practiced and preached by Shri Ramakrishna himself and latter propagated
to the whole world by his principal disciple Swami Vivekananda and other
disciples. In this context, a passage from 'The Gospel of Sri Ramakrishna'
which contains the view of Ramakrishna on Hindu religion is worth reitera-
tion: H
786 SUPREME COURT REPORTS [1995] SUPP.1 S.C.R.

A "Hindu religion alone is the Sanatan Dharma. Various creeds
you hear nowadays have come into existence through the will of
God and will disappear again through his will. They will not last
for ever. Therefore, I bow down at the feet of even the modern
Devotees. The Hindu religion has always existed and will always
exist."
B
Speaking of greatness of Ramakrishna, Swami Vivekananda, as al-
ready adverted to by us, said thus:

".... Sri Ramakrishna incarnated himself in India to demonstrate
c what the true religion of the Aryan race is, to show where amidst
all its many divisions and off-shoots, scattered over the land in the
course of its immemorial history, lies and true unity of the Hindu
religion ..... 11

In the World's Parliament of Religions at Chicago, Swami
D Vivekananda, who claimed himself to be a Hindu, spoke of his Hindu
religion which require reiteration :

"I am proud to belong to a religion which has taught the world
both tolerance and universal acceptance ... 11

E Again speaking of Hindu religion, what he stated requires reitera-
ti on:

"..... all have a place in the Hindu's religion ... "

Speaking of the ideal of Vedanta and its message, to which we have
F adverted to, Swami Vivekananda has said thus:

"In one word, the ideal of Vedanta is to known man as he really
is, and this is its message, that if you cannot worship your brother
man, the manifested God, how can you worship a God who is
G unmilnifested?n

Again what according to Swami Vivekananda Vedanta says requires
reiteration :

"The Vedanta says, there is nothing that is not God ... The living
H God is within you and yet you are building churches and temples
BRAMCHARISIDHESWAR BHA!v. STATE [VENKATACHALA,J.J 787

and believing all sorts of imaginary nonsense. The only God to A
worship is the human soul in the human body."

Then speaking of Upanishads, Swami Vivekananda at one stage
administered a warning to Europe thus:

"Europe, the centre of the manifestation of material energy, will B
crumble into 'dust within fifty year, if she is not mindful to change
her position, to shift her ground and make spirituality the basis of
her life. And what will save Europe is the religion of the
Upanishads"

Warning given not to give up Hindu religion, but to keep religion
c
within proper limits and give freedom to society lo grow by Swami
Vivekananda requires reiteration :

"'No religion on earth preaches }he dignity of humanity in such
a lofty strain as Hinduism, and no religion on earth treads upon D
the necks of the poor and the low in such a fashion as Hinduism. 11

"'The Hindu must not give up his religion, but must keep religion
within its proper limits and give freedom to society to grow. All
the reformers in India made the serious mistake of holding religion
accountable for all the harrows of priestcraft and degeneration and E
went forthwith to pull down the indestructible structure and what
was the result? Failure."

What is referred to above by us, as to what is said by Ramakrishna
of Hindn religion and what is said by Swami Vivekananda of Vedanta, the
very soul of Hindu religion and its message 'that service to man is service F
to God' makes it abundantly clear that Ramakrishna brought into existence
no religion of his own which was called as universal religion, but gave the
message of Vedanta 'of service to man is service to God' as the universal
principle basic to all religions and it being the message which was preached
by Swami Vivekananda a the message given by his master based on G
' Vedanta philosophy of Hindu religion, it would be a travesty of truth to
say that Ramakrishna created a religion independent, distinct and apart
from Hindu religion and called it a universal religion. Indeed, Hindu
philosophy by Ramakrishna could be regarded as that expounded by him
to serve Humanity of the changing world. Shri Ramakrishna is, therefore,
rightly regarded by Hindus, great philosophers and thinkers of the world, H
788 SUPREME COURT REPORTS [I995] SUPP. I S.C.R.

A who have studies the lives and work of Shri Ramakrishna and his disciples
and others as the incarnation of Rama - the truth and Krishna - the love,
born in Dakshineswar as great saint, not only to save Hindu religion from
its extinction, but to rejuvenate it with the message of Vedanta that 'service
to man is service to God', calls for our acceptance without any hesitation
and the views of the learned single Judge and the views of the learned
B Judges of the Division Bench of the High Court in the order and judgment
under the present appeals that Ramakrishna religion exists apart and
distinct from the Hindu religion and it is a minority religion which has the
protection of Article 30(I) of the Constitution of India, becomes unsus-
tainable.
c We may state, at this stage itself, that Swami Vivekananda changed
his views on religion in his latter years, having been influenced by the West,
as held by the Division Bench of the High Court, even if true, it is
inconceivable that the same can have the effect of Shri Ramakrishna
himself bringing up a religion of his own according to the subsequent
D thinking of Swami Vivekananda. Therefore, the basis of the subsequent
thinking of Swami Vivekananda on which the Division Bench of the High
Court held that there came into existence a universal religion of Ramak-
rishna, cannot be sustained. On the contrary, what becomes obvious and
evident from the exortations of Swami Vivekananda himself, to which we
have already referred to, what he proclaimed to the world was that it is
E Vedanta and Vedanta alone that can become the universal religion of man
and it is Hindu religion alone that is fitted to that role, in that, Hindu
religion being inclusive and broad enough to include all the ideals of all
religions in the world was indeed, the universal religion. Hence, to say or
to hold that there came into existence Ramakrishna religion - a universal
F religion, apart and distinct from Hindu religion would, again be travesty of
truth and reality.

For the foregoing reasons, we hold that the citizens of India residing
in the State of West Bengal, who are professing, practising or propagating
G the religious doctrines and teachings of Ramakrishna and have become his
followers, cannot claim to belong to a minority based on Ramakrishna
religion which was distinct and different from Hindu religion and a such
are not entitled to the fundamental right under Article 30(I) of the Con-
stitution of India, of establishing and administering educational institutions
of their choice through Ramakrishna Mission or its branches in that State
H and answer Point-I accordingly, in the negative.
BRAMCHARI SIDHESWAR BHAI v. STATE [VENKATACHALA, J.] 789

Point-2:" A
It is held by a Constitution Bench of this Court in Sri Shirur Math's
case (supra) that religious denomination is a collection of individuals
classed together under the same religious sect or body having a common
faith and organisation and designated by distinctive name, based on the
meaning of that phrase found in Oxford Dictionary. It is also held therein B
that such a religious denomination falls under Article 26 of the Constitution
of India. It is further held therein that the followers of Ramanuja, who are
known by the name of Shrivaishnavas while constitute a religious
denomination of their own, the followers of Madhavacharya and other
religious teachers could be regarded as those belonging to their respective c
religious denominations.

Following the view taken as above as regard.' religious denomina-
tions', by the Constitution Bench of this Court in Sii Shbur Math's case
(supra), a three-Judge Bench of this Court in Acharya Jagdishwaranand
Avaduta's case (supra) speaking through Ranganath Misra, J. (as he then D
was) has held that 'Ananda Margis', who are a collection of individuals,
who have a system of beliefs with regard to their conducive spiritual well
being, a common organisation, a definite name, could be regarded as a
religions denomination within the Hindu religion, stating that the tests laid
down by the Constitution Bench for regarding a denomination as a E
religious denomination were satisfied.

In views of the said pronouncements of this Court, persons who claim
to belong to religious denomination envisaged under Article 26 of the
Constitution can succeed in such claim only when they fulfil or satisfy the
tests laid down therein, to wit: F

(i) a collection of individuals who have a system of beliefs with
regard to their conducive spiritual well-being;

(ii) a common organisation; and
G
(iii) a definite name.

A Division Bench of the High Court of Calcutta in its Judgment
under appeal has held that Ramakrishna Mission is a religious denomina-
tion by stating thus: H
790 SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A 'The followers of Shri Ramakrishna have a common faith. They
have common organisation and they are designated by a distinct
name."

No good reason is shown to us for not accepting the view of the
Division Bench on the point that Ramakrishna Mission or Ramakrishna
B
Math is ·a religious denomination'. It is not in dispute and cannot be
disputed that Sri Ramakrishna could be regarded as religious teacher who
expounded, practised and preached the principles of Vedanta on which
Hindu religion is founded, to meet the challenges posed to humanity in the
changing world and made his disciples to spread the principles so ex-
c pounded by him not only in India but all over the world as the basic
principles of Hinduism. It cannot also be disputed that the disciples of
Ramakrishna formed Ramakrishna Math and Ramakrishna Mission for
propagation and promotion of the principles, so expounded, practised and
preached by Ramakrishna Parmhanse, by way of publications and building
of temples, prayer halls and building of educational, cultural and charitable
D institutions as performance of sevas resulting in the coming up of organisa-
tions as Ramakrishna Maths and Ramakrishna Missions, all over the world.
These Maths and Missions of Ramakrishna composed of the followers of
principles of Hinduism as expounded, preached or practised by Ramak-
rishna as his disciples or otherwise form a cult or sect of Hindu religion.
They believe in the birth of sage Ramakrishna in Dakshineswar as an
E
Avatar of Rama and Krishna and follow the principles of Hinduism dis-
covered, expounded, preached and practised by him as those conducive
to their spiritual well being as the principles of highest Vedanta which
surpa;sed the principles of Vedanta conceived and propagated by
Sankaracharya, Madhavacharya and Ramanujacharya, who were earlier
F exponents of Hinduism. Hence, as rightly held by the Division Bench of
the High Court followers of Ramakrishna, who are a collection of in-
dividuals, who adhere to a system of beliefs as conducive to their spiritual
well-being, who have organised themselves collectively and who have an
organisation of definite name as Ramakrishna Math or Ramakrishna Mis-
sion could, in our vie\V, be regarded as a religious denomin<ition within
G Hindu religion, inasmuch as they satisfy the tests laid down by this Court
(
in Sri Shirur Math's case (supra) for regarding a denomination as a
'religious denomination'.

For the said reasons, we hold that persons belonging to or owing
H their allegiance to Ramakrishna Mission or Ramakrishna Math belong to
BRAMCHARISIDHESWARBHA!v. STATE[VENKATACHALA,J.] 791

religious denomination within Hindu religion or a section thereof as would A
entitle them to claim .the fundamental rights conferred on either of them
under Article 26 of the Constitution of India and an~wer Point-2, accord-
ingly, in the affirmative.

Point-3:
B
Since we have held while dealing with Point-2 which arose for our
consideration that the persons belonging to or owing allegiance to Ramak-
·rishna Mission or Ramakrishna Math as followers of Ramakrishna, form a
religious denomination in Hindu religion, as a necessary concomitant
thereof, we have to hold that they have a fundamental right of establishing C
and maintaining institutions for a charitable purpose under Article 26(a)
of the Constitution of India, subject, of course, to public order, morality
and health envisaged in tha_t very Article.

Point-3 is, accordingly answered, in the affirmative.
D
Points 4 to 6:

If followers of Ramakrishna Mission who, as held by us to be
religious denorii.ination in Hindu religion in answering Point-2, have the
right to establish and maintain institutions for charitable purposes, subject
to public order, morality and health as held by us in answering Point-3, can E
any educational institution established by and maintained by Ramakrishna
Mission be regarded as an institution established and maintained for
charitable purpose within the meaning of Article 26(a) of the Constitution
of India, is an important point that arises for our consideration here.

No doubt a six-Judge Bench of this Court in the case of Siddarajbhai F
v. State of Gujarat, AIR (1963) SC 540 while considering the question
whether the serious inroads made by the Rules and Order issued by the
State Government in respect of an educational institution established and
administered by a minority entitled to protection under Article 30(1) of the
Constitution of India, speaking through Shah, J. (as he then was) has G
observed thus:

"Article 26 occurs in a group dealing with freedom of religion
and is intended to protect the right to manage religious affairs. By
clause (a) of Article 26, every religious denomination or any section
thereof, has, subject to public order, morality and health, the right H
792 SUPREME COURT REPORTS [1995) SUPP. 1 S.C.R.

A to establish and maintain institutions for religious or charitable
purposes and in a larger sense an educational institution may be
regarded as charitable."

But, it was thought not necessary to express any opinion on the plea
that the right of petitioners under Article 26(a) was infringed, in that
B petitioners were entitled to protection of Article 30(1) of the Constitution.

While the learned single Judge of the High Court who decided the
Writ Petition took the view that Article 26(a) is confined to institutions
imparting religious instructions and not to institutions imparting general
education, the learned judges of the Division Bencb of the High Court
c deciding the appeal have taken the view that Article 26(a) extends to
establishment and maintenance of religious and charitable institutions in-
cluding institutions for imparting education and that the essential part of
the cult of Shri Ramakrishna being spreading of education, educational
institutions of general education of Ramakrishna Mission have the protec-
D tion of Article 26 (a) of the Constitution making it, however, clear that they
do not mean to lay down that establishment of educational institutions
would be essential matter of their religion.

We think that the learned Judges of the High Court should not have
decided on the general question whether educational institutions estab-
E lished and maintained by religious denomination including those estab-
lished and maintained by Ramakrishna Mission for general education get
the protection of A1ticle 26(a) of the Constitution when that question in a
general form, was not really at issue before them. Therefore, the views
expressed on the question shall, according to us, ought to be treated as
F nonest and the question is left open to be decided in proper case, where
such question really arises and all the parties who might be concerned with
it are afforded adequate opportunity to have their say in the matter.

As we have pointed out while narrating the facts, which gave rise to
the filing of Writ Petition before the High Court earlier and now to the
G filing of present appeals, Ramakrishna Mission College was established by
Ramakrishna Mission at the instance of the Central Government and the
West Bengal Government and was allowed to be administered by it through
a Governing Body constituted by it (Ramakrishna Mission). The State
Government did not envisage the constitution of a Governing Body of its
H own for the Ramakrishna Mission College on the standard pattern of
BRAMCHAR!SIDHESWAR BHA!v. STATE[VENKATACHALA,J.] 793

governing bodies required to be constituted of sponsored colleges, as such, A
either before the coming into force of the W.B. Act of 1975 or the W.B.
'. Act of 1978 as was done in respect of other sponsored colleges or sub-
sequent to the coming into force of those Acl,, being of the view that a
college like Ramakrishna Mission College of Ramakrishna Mission at
Rahra, which was a specially sponsored college having a specially con- B
stituted Governing Body of its own should be excepted for purposes of
constitution of Goven;iing Body on standard pattern. This fact becomes
clear from the State Government's letters and clarification to which we
have already referred to. However, this fact also becomes clear from the
Memo dated 18th April, 1978 issued by the Deputy Secretary to Govern-
ment, which reads : c
"GOVERNMENT OF WEST BENGAL
EDUCATION DEPARTMENT
College (Sponsored) Branch

- From : Shri D.L. Guba, M.A.,

To:
Deputy Secretary to the
Govt. of West Bengal.

The Director of Public Instruction, West Bengal
D

To: 752-Edn (CS)/C.S. 30-3/77 E
Dated, Calcutta, the 18th Apri~ '78.

Subject : Composition of the Governing
Body of Sponsored colleges.
F
The undersigned is directing to say that for some time past Govern-
ment have been .feeling the necessity of revising the existing pattern for the
composition of the Governing bodies of the Government sponsored col-
leges excepting in cases where the college has a special constitution 011 the
basis of Tmst Deeds or where the colleges are 1un by Missionary Societies on
the basis of agreement with the respective Missions. After careful considera- G
lion of the different aspects of the matter and keeping in view of the
necessity of ensuring the academic interest and efficient administration of
these institutions of which Government has undertaken full financial
responsibility the Governor has been pleased to order that in supersession
of all previous orders relating to the constitution of Governing Body of H
794 SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A sponsored College, the new standard pattern for the composition of the
Governing Bodies of sponsored college' will be as follows:-

A. 1. President - To be nominated by Government.

2. Secretary - Principal of the College - Ex - officio.
B
3-5. Three representatives of the whole-time permanent teachers of
the college to be elected from among t~emselves.

6. One representative of the whole-time permanent non-teaching
employees of the college to be elected frClDI among themselves.
c
7-8. Two persons to be nominated by the Government.

9. One Educationist to be nominated by the Director.

10. One Educationist to be nominated by the University to which the
D college is affiliated.

11. One representative of the regular students of the College. He
should be the duly elected General Secretary of the Student's
Union.
-
E B. The terms of the Governing Body of the College should be for
a period of three years. The representatives of the whole-time
permanent teachers and the representatives of the whole-time
permanent non-teaching staff should hold office for a period of
three years.
F C. Where the college is a women's college or a co-educational one
at least one of the two Government nominees should be a woman.

2. This order comes into force with immediate effect.

3. In order that there is no dislocation in administration of the
G
sponsored colleges, the Governor has also been pleased to
order that until now Governing Bodies of the sponsored
colleges are constituted in accordance with the pattern
prescribed above the existing arrangement will continue.

H 4. The Governor is also pleased to order that there should be
BRAMCHARIS!DHESWARBHA!v. STATE [VENKATACHALA,J.] 795

Finance Committee in every sponsored college consisting of A
five members, three of whom should be representatives of the
whole-time permanent teachers of the College, one should be
representative of the whole-time permanent non-teac)ling
staff of the college and the Principal of the college (Ex-of-
ficio). The representative staff shall be elected in the manner
B
as laid down in para l(a) above.

The duties and functions of the Finance Committee shall be such as
may be prescribed by the Government.

Sd/- C
D.L. Guha, 18.4.78
Deputy Secretary.

(Italicised by us)

As stated above, the State Government has excepted the Ramakrish- D
na Mission College at Rahra in the matter of constituting of a Governing
Body on standard pattern for the obvious reason that constituting such a
governing body for a college like Ramakrishna Mission College which was
all through allowed to have a governing body constituted by Ramakrishna
Mission, which had built the College on its land conceding to the request
made in that behalf by the State Government itself on the initiation of E
Central Government, may not be just. Thus when Ramakrishna Mission
College had come to be built, established and managed by the Ramakrish-
na Mission, it is difficult for us to think that the learned Judges of the
Division Bench of the High Court were not right in holding that the
Government should not be directed by issue of a mandamus, to constitute F
a governing body for the Ramakrishna Mission College on standard pattern
laking recourse to the W.B. Act of 1975 and the W.B. Act of 1978, although
for its own reasons. Therefore, in the peculiar facts and circumstances in
which Ramakrishna Mission College at rohra was established on Ramak-
rishna Mission's land and allowed to administered by the Ramakrishna G
Mission through its own Governing Body, we feel that interest of justice ·
may suffer by directing the State Government to constitute its own govern-
ing body on standard pattern of the usual sponsored colleges, as prayed
for by the writ petitioners. However, the view we have expressed in the
matter shall not come in the way of the State Government to change their
earlier arrangement with the Ramakrishna Mission in the matter of gover- H
796 SUPREME COURT REPORTS [1995] SUPP. 1 S.C.R.

A nance of the Ramakrishna Mission College, if on objective considerations
such change becomes necessary in the larger interest of students, teachers
and other employees of that College and is so permitted by law.

In the said view we have taken in the matter of constituting a
Governing Body by the Government of West Bengal in respect of the
B Ramakrishna Mission College at Rahra, there is no need to go into the
question that there has been infringement by the Government of Ramak-
rishna Mission's fundamental rights to establish and maintain educational
institutions under Article 26(a) of the Constitution of India inasmuch as
such a question does not arise, in view of the answer already given by us
c on Point-3 above. So also, question of directing the West Bengal Govern-
ment because of the W.B. Act of 1975 and the W.B. Act of 1978, to
constitute governing body on 'standard pattern' of sponsored college en-
visaged under its Memo dated 18th April, 1978 in respect of Ramakrishna
Mission College, cannot arise.

D Points 4 to 6 are accordingly answered.

In the result we dismiss these appeals, however by setting aside the
holding of the learned single Judge in the Writ Petition that Ramakrishna
religion being a religion distinct and separate from Hindu religion was a
minority in West Bengal based on religion, entitled to protection under
E
Article 30(1) of the Constitution of India as upheld by the Division Bench
of the High Court in its judgment deciding the appeals before it and also
by setting aside the holding of the Division Bench of the High Court that
Ramakrishna Mission as a religious denomination was entitled to establish
and maintain institutions of general education under Article 26(a) of the
F Constitution of India a those established and maintained for a charitable
purpose.

Having regard to the nature of controversies decided in these ap-
peals, we direct all parties to bear their own costs.

9. T.N.A. Appeals dismissed.