TaxTMI 
TaxTMI 
1996 (3) TMI 580
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.... in singing devotional songs - a practice devolved by custom and usage from over a century. According to the petitioner, the office of archaka is succeeded from forefathers in accordance with the Vaikhanasa Agama Shastra rules which govern the temple on the principles of "heirs in line of succession" among four families, viz., Paidapally family, Gollapalli family, Pethainti family and Thirupahanna Garu family. The petitioner belongs to the Paidapally family. According to the petitioner, being Hindu vaishnavas, they render Archaktwam service in the holy temple of Lord Venkateswara situated on the top of seven hills or Saptagiri, Thirumalai. The temple is presided over by Lord Venkateswaraswamy known by different names. 3. Religion is inspired by ceaseless quest for truth which has many facets to release and free the soul from ceaseless cycle of birth and death to attain salvation. Hindus believe that worship consists of four forms of which idol worship is one such form. Mode of worship varies among persons of different faiths. It is an assimilation of the individual soul with the infinite. For its attainment diverse views and theories have been propounded and one of them ....
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....ages and if efficacy and power of the Lord are transmitted into the Deity, the image of the Deity becomes fit to be worshiped. Rules have been provided to conduct periodical or daily worship for securing continuance of the divine spirit in the image. According to Marishi Maharishi in his discourse to his disciple on need for worship for salvation had ordained that worship of Deity in the temple will bring all the benefits. The purpose of the temple is to provide opportunity for public worship of the Deity. When congregation of worshippers participate in the worship, a particular attitude of aspiration of devotion gets developed and confers great spiritual benefit. 7. The priest preserves the image from pollution, defilement or desecration. By performing rituals, rites and reciting hymns he makes Lord present in definable and describable way and Vishnu manifests in the hearts of the devotees. It is the religious belief of Hindu worshippers that when the image is polluted or defiled, the divine spirit in the image is diminished or even vanished. According to the Agamas, an image becomes, defiled if there is any departure or violation of any of the rules relating to worship. It would....
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....statutory intervention was in the hands of Dharmakartas (Padda Jeengar). Equally other classes of persons like Chinna Jeengar, Acharya, Purrushas and Gamekars were in charge of making prasadams, like Laddu and doing other forms of services like maintenance of the temple by shepherd community and other local communities, are part of the hereditary system. 12. All of them are given certain rights known as "Mirasidars rights". They earn their livelihood through these mirasidars rights which include lands given by the temple for performance of services. Besides, archkas have shares out of the offerings made to the temple, while persons in charge of preparing prasadams will get percentage of share out of the sale of parasadams. All persons in charge of various activities of the temple succeed hereditarily. The right of management was acquired by birth and every person born in the respective classes is entitled to a share in the perquisites incidental to management. The temple is managed by these persons by turns among them. Dharamkarthas and archakas had framed rules for management of the temple, Even after the statutory take-over of the management by the Endowment Department....
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....e or religious institutions and endowments is an interference with religious and customs which are part of religion. The Act should not look at archakas or other office-holders in isolation; they should be considered in its pragmatic whole whose impact would be to destroy the concept and content of Hindu religious belief itself. The scheme of the Act as such is an unwarranted and outrageous interference with the religion, that is to say, it aims to abolish all existing religious office, religious usages and practices and confers on the secular State power to decide as to who should be appointed as archaka, measured and other office-holders destroying the existing customs, usage and traditions which are integral part of religion. Article 25 and 26 of the Constitution deal with guarantee not only of matters of doctrine and beliefs but also the practices of it, to be ascertained with reference to the tenets and doctrine of the religion itself as is evidenced by custom and usage. Where the religious affairs and ceremonies are carried on in accordance with a particular Agama Shastra, deviation therefrom is impermissible. The archaka is part of the temple worship and the rights of an arc....
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....cannot regulate by law nor has he competence to test his qualification or suitability for appointment. Therefore, though being secular act, hereditary right of an archaka may be abolished since qualification for appointment flows from the Agamic rule, only descendants of particular family are competent to conduct worship and they alone have the right to appointment and they cannot be tested nor can their competence be determined by the Commissioner. 18. Public interest requires that rites or rituals must be performed by an archaka and public duty towards the general worshippers demands that archaka who is interested in ritual form of worship would alone be appointed as priest. They would be available only in the families of archakas from generation to generation. Payment of share in the offerings is part of religious practice and usage. No question of money consideration or emoluments in that behalf for the performance of his duties, would arise. Archaka is entitled to the share in Parsadams, laddus and collections in the prescribed manner as part of religious customs and usages. The scheme under the Act and rules are wholly misconceived and repugnant to the established religious ....
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....ity associated with the religious practice. Appointment of an archaka is a secular activity. Archakas, Jeengars and Ors. are employees of TTD. Though the Pedda Jeengars and Chinna Jeengars have the status of Mathadhipathi in relation to their Math, in relation to TTD, their status is only that of employees. The Commission had gone into these aspects and recommended for their abolition. There had been compromise with the TTD by hereditary archakas and mirasidars on May 30, 1979 to receive emoluments at certain rates which would establish that sharing of food offerings and laddus etc. is not part of religious practice. The archakas and gamekars have not been rendering any service personally but only through their deputies working for and on behalf of head priests for consideration. The hereditary nature of the right, therefore, became irrelevant. Vaikhanasa Agama nowhere mandates that the members of the families referred to in the writ petition alone are entitled to perform the service, though they belong to Vaikhanasa sect and are Srivaishnavites. Hereditary right which governs the appointment of archaka is a secular usage which could be regulated by law. The mere fact that in some ....
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....(4) "charitable institution" and "charitable purpose" has been defined under Section 2(5). Section 2(15) defines "hereditary office- holders". "Religious institution" has been defined under Section 2(23), "Temple" under Section 2(27) and "Thirumala Tirupathi Devasthanams" under Section 2(28). Section 34 abolishes hereditary rights in mirasidars, archakas and other office holders and servants and reads thus : 34. (1)(a) Abolition of hereditary rights in Mirasidars, archakas, and other office-holders and servants : (1)(a). Notwithstanding anything in any compromise or agreement entered into or scheme framed or sanad or grant made or judgment, decree or order passed by any Court, Tribunal or other authorities prior to the commencement of this Act and in force on such commencement, all rights, whether, hereditary, contractual or otherwise of a person holding any office of the Pedda Jeeyanagar, Chinna Jeeyangar, a Mirasidar or an archaka or Pujari or any other office or service or post by whatever name it is called in any religious institution or endowment shall on the commencement of this Act stand abolished. (b). Any us....
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....d with the service or management of the temple, shall stand abolished with effect on and from the commencement of this Act. 27. Chapter XIV deals with application of the Act to Thirumala Tirupathi Devasthanams, constitution of Board, powers and functions of the Board of Trustees etc., making the Act a complete code as regards the management and maintenance of the institutions or endowments belonging to Deity. 28. The concept of Hindu religious faith and practice referred to in the judgments in the narration of the facts needs preface with inner depth of religion as revealed by (1) Swami Vivekananda's scholastic concepts in his "The Complete Works", Vol. I, at page 124; and (2) broad spectrum of self-realisation by Sri Aurobindo, Swami Vivekananda had stated that : Each soul is potentially divine. The goal is to manifest this divinity within by controlling nature, external and internal. Do this either by work, or worship, or psychic control, or philosophy-by one, or more, or all of these- and be free. This is the whole of religion. Doctrines, or dogmas, or rituals, or books, or temples, or forms, are but secondary details. Religion is based upon faith and belief,....
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.... activities of life. There are two aspects of religion, true religion and religionism. True religion is spiritual religion, that which seeks to live in the spirit, in what is beyond the intellect, beyond the aesthetic and ethical and practical being of man, and to inform and govern these members of our being by the higher light and law of the spirit, Religionism, on the contrary, entrenches itself in some narrow pietistic exaltation of the lower members or lays exclusive stress on intellectual dogmas, forms and ceremonies, on some fixed and rigid moral code, on some religion-political or religio-social system. Not that these things are altogether negligible or that they must be unworthy or unnecessary or that a spiritual religion need disdain the aid of forms, ceremonies, creeds or systems. On the contrary, they are needed by man because the lower members have to be exalted and raised before they can be fully spiritualised, before they can directly feel the spirit and obey its law. (Emphasis supplied) At pages 168-69 he added that : Only by the light and power of the highest can the lower be perfectly guided, uplifted and accomplished. The lower life of man is in form undivine,....
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.... the earthly life of man and were very ready to bid him bear peacefully and contendedly, even to welcome its crudities, cruelties, oppressions, tribulations as a means for learning to appreciate and for earning the better life. At pages 546-47, he concluded his thoughts on brotherhood thus : Yet is brotherhood the real key to the triple gospel of the idea of humanity. The union of liberty and equality can only be achieved by the power of human brotherhood and it cannot be founded on anything else. But brotherhood exists only in the soul and by the soul; it can exist by nothing else. For this brotherhood is not a matter either of physical kinship or of vital association or of intellectual agreement. When the soul claims freedom, it is the freedom of its self-development, the self-development of the divine in man in all his being. When it claims equality, what it is claiming is that freedom equally for all and the recognition of the same soul, the same godhead in all human beings. When it strives for brother-hood, it is founding that equal freedom of self- development on a common aim, a common life, a unity of mind and feeling founded upon the recognition of this inner spiritual u....
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....nanda Valli, Serial No. 7, that in the beginning all this Universe was Non-Existent and Un-manifest, from which this Manifest Existence was born itself, none other created it. Therefore, they say that it was well and beautifully made, Shri Aurobindo says in his magnum opus Life Divine : World- existence is the ecstatic dance of Shiva which multiplies the body of the God numberless to the view; it leaves that while existence precisely where and what was, ever is and ever will be; its sole absolute subject is the joy of the dancing. In Rig Veda, the Hymns of Bharadwaja, spoke about universal Force that "The heights of heaven were measured into form by the eye of this universal Force they were shaped by the institution of the Immortal." 32. The world is the creation of the braht conscientious energy of the Supreme Spirit "apraketam salilam sarvam idam tapasas tan mahina ajayata ekam". (Out of all the ocean of in conscience it is that one spiritual Existent who is born by the greatness of his own energy). Braht Vedic thinkers, like ancient Greeks in their search for the first ground of all changing things, looked upon water, air, fire etc. as the ultimate elements ....
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....on is the organization of life around the deep dimensions of experience - varied in form, completeness, and clarity in accordance with the environing culture. If religiousness is a depth-awareness coming to distinctive expression in the forms we call religion, how is religiousness distinguished from various other types of awareness such as the aesthetic and ecstatic - what Abraham Maslow (1964) calls "peak experiences" and Marghanita Laski (1961) terms "non-religious ecstasy" and the states of "altered consciousness" produced by various psychosomatic techniques or drugs ? On Hindu religion, at page 290 it is stated that "yet deep within ritualism there is inherent the concern for accuracy and faithfulness. This is the essentially sacramental nature of ritual that arises from its nature as an ordered symbol system. Thus both symbol and ritual are perceived as intrinsic embodiments of the sacred essence, the supersensible and indescribable untimely of a religion. Thus ritual and symbol bring the real presence of the religious depth-dimension into the lives of its experiments and in so doing become incredibly precious". 35. At page 292, it is f....
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....n's destiny is to make possible greater fulfilment for more human beings and fuller achievements by human societies, utility in the customary sense become subordinate. Quantity of material production is, of course, necessary as the basis for the satisfaction on elementary human needs- but only up to certain degree. More than a certain number of calories of cocktails or T.V. sets or washing machines per person is not merely unnecessary, but bad Quantity of material production is a means to a further end, not an end in itself. 38. The Upanishads teach us that India has sought in religion not an absolute or finished dogma to believe in, but a method and means to pierce the veil that hides every present meaning and mystery of existence. Robert Ernest Hume in his "the Thirteen Principal Upanishads" at page 30 footnote states that "the earnestness of the search for truth is one of the delightful and commendable features of the Upanishads". 39. Swami Vivekananda in his lecture on "Religion and Science" incorporated in "The Complete Works" (Vol. VI, Sixth Edition) had stated at page 81 thus : Experience is the only source of knowledge. In the....
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....hy superstition; and the sooner it goes the better. I am thoroughly convinced that its destruction would be the best thing that could happen. All that is dross will be taken off, no doubt, but the essential parts of religion will emerge triumphant out of this investigation. Not only will it be made scientific-as scientific, at least, as any of the conclusions of physics or chemistry-but will have greater strength, because physics or chemistry has not internal mandate to vouch for its truth, which religion has. 41. Swami Vivekananda in his "The Complete Works", Vol. VI, Sixth Edn. at page 81 said that : Religion deals with the truths of the metaphysical world just as chemistry and the other natural sciences deal with the truth of the physical world. The book one must read to learn chemistry is the book of (external) nature. The book from which to learn religion is your own mind and heart. The sage is often ignorant of physical science because he reads the wrong book-the book within; and the scientist is too often ignorant of religion because he, too, reads the wrong book-the book without. 42. Again in his The Complete Works, (Vol. V, Eighth Edn.), pages 192-93, he says....
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....ara) and also thirty nine forms which He takes from time to time. Area represents God in the form of idol, which He though formless, takes this finite form to show favour to His devotees. The form of Antaryamin is to remain within the self and control it by directing it to lead a virtuous way of life, in accordance with the residues of the deeds done by it. Temple, therefore, forms an integral part of Hindu religion and the idol installed therein forms the main symbol of religious worship manifesting the dignity of God. 45. The purpose of religious experience, as stated earlier, is to integrate human life, socially, materially and morally. It must, therefore, produce a share of material goods and bear a pinnacle for human experience. The dualism of Spirit and Matter, should be kept clear. John Macmurray has stated in this behalf thus : Worship is certainly specifically religious, and it is an attitude of mind which is not compatible, with science. Science does not worship, It enquires, and analyses, classifies and does sums. On the other hand, religion is not merely worship; and worship may be merely superstitious. If superstitious worship is religion, then astrology and palmist....
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....66;णो भवति निश्चलः चितस्य निश्चलत्वाय योगं सध्यानमभ्यसेत् ।। Chitte nishchaltan yate prano bhawati nishchallah Chittshya nishchaltwaya yogam sadhyamavyaset. The above 'shloka' says that the signs such as the control over the five elements and the siddhi are indicative of the progress in the path leading upto the various ways in which the bimbarupa, i.e., the parmesvarachaitanya appears. It is also useful to recollect the beautiful shloka in the Geeta where Lord Krishna says अनन्याश्चिन्तयन्तो मा ये जनाः पर्युपासते। तेषां नित्याभियुक्ताê....
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....the fire; Archana - worship of God in the form of Idol in the temple; and Dhyana concentration on God alone. Of these four, Archana gained an established form of worship in temple. 49. The reason for form adorning a Deity image in a temple, therefore, is to produce chitta suddhi generating and ensuring the necessary emotion for the sustenance as 'tatparata', the Supreme Devotion, parabhakti, which is the 'abhedhavana,' culminating in the attainment of 'sarvatmatva,' thus in itself becoming. 50. How does this great splendid religious experience transform the life of a man from a mere temporal pursuit of limited vision into an expansive pursuit of equality, seeing one's own self in the others and ultimately losing one's ego and dissolving it into the subaudited symphonic testament of love, joy and peace ? The ascent from an empirical experience of personal life which is the first assertion of a religious experience is to be followed right up to the stage of mutual communion, i.e., of the individual self with relationship outside becomes inevitable. 51. John Macmurray once again in "Reason and Emotion" says thus: There is, then, a definit....
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....ersons concerned are essentially religious, that is to say, grounded in mutual communion, and the equality which this implies. For without equality, there can be no mutuality. I do not mean, of course, that in a true society organic and material relationships between persons are non-existent, but only that they are dependent relations falling within and grounded in the relation of friendship. The material and the organic are unreal in independence. Their reality lies in their dependence upon the personal and their inclusion within it. 52. The author very beautifully describes the experience of God thus : The dualism of mind and matter reflects itself all too easily in the dualism between secular and sacred, natural and supernatural, the human and the divine. The result is that we think of God as isolated from the world and, therefore, that the religious life involves a turning away from man to God, from this world to another world, so that religion becomes something apart, instead of the fundamental activity of human life. But now, having made that point clear, I should like to indicate in closing how essential to the view that I have outlines is the idea of God. All experience ....
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....f experience, and this it does by proceeding to the unconditioned, in the three forms already mentioned. In doing this it obviously passes beyond experience. Hence the Ideas of the pure reason are called by Kant 'transcendental Ideas', though he later goes on to speak of the third Idea, that of God, as the 'transcendental Ideal'. For God is conceived as supreme and absolute perfection. 54. Johnson said rightly that sublimity is produced by aggregation and not by dispersion. In that lies a great truth. It must not be forgotten that all rituals ultimately are only means to the state of knowledge. Thus seers and thinkers have in fact reduced rituals to the bare minimum and some-times even decried them because a non-essential adherence to them is only bound to be an obstacle or impediment in the attainment of true knowledge. It would be very useful to note that if religious experience is an internal experience, rituals beyond evoking the necessary environment and atmosphere and as it were painting seascape of purity must yield to the unrelenting pursuit of true knowledge which is identical with true religious experience. The pursuit of knowledge, the knowing of the bei....
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....;मेषयोर्वापि तथैव ज्ञानकर्मणो ।। प्रतीचीपश्यतः पुंसः कुतः प्राचिविलोकनम् । प्रत्यक प्रषण कुतः कर्मणि योग्यता ।। Gyan nistha tatparasya nait karmopyujyate Karmano Gyan nishthatahaya na sahsthiteh Paraspar Birudhyatwat Tayor Bhinna Swabhhbaiyoh Kartitwa Bhawana Purbam karm gyanam vilakshanam Dehatma-bvudherbichhitye gyanam karm Bibridhaye Agyanam Mulakam Karm Gyanantu bhai nashkam. Gyanen karmano yogah katham sidhyati berina Sahyogo na ghatate yatha timirtejsoh Nimeshonmesyorwape tatheb gyan karmnoh Pratichi Pashyatah punshah kutah prachibeloknam Pratyam Pravamchittasya Kutah Karmani yogyata. ....
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.... हि पूर्वसमुद्रं जिगमिषाः प्रातिलोम्येन प्रत्यक्समुद्रं जिगमिषुणा समान भगत्व संभवति । प्रत्यगात्म विषयप्रत्यथसन्तानकरणभिनिवेशश्चज्ञाननिष्ठा ।। सा च प्रत्यक्समुद्र गमनवत् कर्मणा सहभावित्वे....
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.... us to understand. Our brains were designed to understand hunting and gathering, mating and child-rearing; a world of medium sized objects moving in three dimensions at moderate speeds. We are ill-equipped to comprehend the very small and the very large things whose duration is measured in picoseconds or gigayears, particles that don't have position, forces and fields that we cannot see or touch, which we know of only because they affect things that can see or touch. We think that physics is complicated because it is hard for us to understand, and because physics books are full of difficult mathematics. But the objects that physicists study are still basically simple objects. They are clouds of gas or tiny particles, or lumps of uniform matter like crystals, with almost endlessly repeated atomic patterns. They do not, at least by biological standards, have intricate working parts. Even large physical objects like stars consists of a rather limited array of parts, more or less haphazardly arranged. The behavior of physical, non-biological objects is so simple that it is feasible to use existing mathematical language to describe it, which is why physics books are full of mathemat....
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.... Stadekkobashishtah Shivah Kewaloham. I am neither the earth, nor the water, nor the fire, nor the air, nor the space, nor any organ, nor their aggregate, because they are variable by nature, while Atman is that whose existence is proved by the unique experience of deep sleep. I am that One, Auspicious and Pure which alone remains over. 60. The concept of 'dharma' has been explained by Justice M. Rama Jois in his Legal and Constitutional History of India (Vol. I) at pages 1 to 4 thus : Mahabharata contains a discussion of this topic. On being questioned by Yudhistira about the meaning and scope of Dharma, Bhishma stated: तादृशोऽयमनुपश्रो यत्र धर्मः सुदुर्लभः । दुष्करः प्रतिसंख्यातु तत्केनात्र व्यवस्यति ।। प....
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....2352;्ग परम वदन्ति ।। Dharma Vishwasya Jagatah Pratistha Loke Dharmistham Praja upsarpanti Dharman Papamapnudati Dharme Sarban Pratisthitam Jasmad Dharman Param Badanti. Dharma constitutes the foundation of all affairs in the world. People respect one who adheres to Dharma. Dharma insulates (man) against sinful thoughts and actions. Everything in this world is founded on Dharma. Dharma, therefore, is considered supreme. Jaimini 1.2 : स हि निः श्रेयसेन पुरुषं संयुनक्तीती प्रतिजानेमहे । तदभिधीयते चोदनालश्रणोऽयो धर्मः || Sa hi Nihshraisen Purusam Sanyunakteeti Pratijanimahe Tadabhidheeyate Chodana Lakshanartho Dharmah. Dharma is that which is indicated by the V....
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....sed. When Dharma is used in the context of duties of the individual and powers of the King (the State), it means constitutional law (Rajadharma). Likewise when it is said that Dharmarajya is necessary for the peace and prosperity of the people and for establishing an egalitarian society, the word Dharma in the context of the word Rajya only means law, and Dharmarajya means Rule of Law and not rule of religion or a theocratic State. Dharma in the context of legal and constitutional history only means Vyavahara-dharma and Rajadharma evolved by the society through the ages which is binding both on the king (the ruler) and the people (the ruled). 63. In "Religion and Society in Ancient India" Prof. Om Prakesh (1985 Edition) has stated that the concept of dharma aims to maintain orderly society regarding every human being as the creation of God and treating him on a footing of equality. The last rhyme of the Rig Veda throws light on the Rig Veda concept of dharma laying down "that all human beings should move together, speak together and their minds be of one accord". संगच्छध्वं सर्व....
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....ry real way, it is our duty so to strive". He exhorted the youth of the country to be the vanguard of that mission. 65. In his Dr. Zakir Hussain Memorial Lecture delivered at Visva Bharati Shanti Niketan on 29th April, 1989, Dr. S.D. Sharma stated thus : We in India, however, understand Secularism to denote 'Sarva Dharma Samabhava': an approach of tolerance and understanding of the equality of all religions". x x x x x x x x x x The Bhagwad Gita indicates this explicitly in the following Shlokas : ये यथा मां प्रपद्यन्ते ताम्पतथैव भजाम्यहम् । मम वर्त्मावुवतन्ति मनुष्याः पार्थ सर्वशः ॥ Ye yatha main prapadyante temptathaiva bhajamy-aham pama vartmuvartante manusyah nartha sarvasag In whatever way men identify ....
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....#2344;्ताम् । मित्रस्याहं चक्षुषा सर्वाणि भूतानि समीक्षे मित्रस्य चक्षुषा महे ।। Mitrasaya ma caksusa Sarvani Bhutani Samiksantam. Mitrasyacham caksua sarvani Bhutani samikse. Mitrasya caksusa samiksamahe. (Yaju. Veda 38.18) May all beings look on me with the eyes of a friend; May I look on all beings with the eyes of a friend. May we look on one another with the eyes of a friend. 66. In his address "Law & Morality Sustain the world" delivered on 25th September, 1993 at the First Convocation of the Nation Law School of India University, Bangalore, Dr. S.D. Sharma expounded the meaning of 'dharma' thus : What does Dharma mean ? The word is clearly derived from the root 'Dh.r' - which denotes : 'upholding', 'supporting, 'nourishing" - that whic....
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....revails over a wrong-does) with the help of the King. So what is called Dharma is really Truth. Therefore, people say about a man who declares the truth that he is declaring dharma and about one who declares dharma they say he speaks the truth. These two (dharma and truth) are this) 68. A similar thought is expressed in the Ayodhya-kanda of the Valmiki Ramayana, in verse-10, Sarga-109. सत्यामेवा नृशंस च राजवृत्त सनातनम् । तस्मात्सयात्मकं राजयं सत्यलोकः प्रतिष्ठतः ॥ Satyamebanrishamsam ch Raj Brittam Sanatanam. Tasmat Satyatmakam Rajyam Satya Lokah Pratisthitah. (From the ancient times the constitutional system depends on the foundation of Truth and social sympathy. Truth is the fundamental basis of the State; indeed the whole universe rests on Truth.) The Rig ....
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....िस्तु भूतानामाध्योन भवन्तु च।। मैत्री मशेषभूतानि तुष्यन्तु सकले जने । शिवमस्तु द्विजातीनां प्रोतिस्तु परस्परम्।। Sarblok Priyo Nityamubachaidahar Nisham Nandantu Sarb Bhutani Snidyantu Vijanepwapi Swastyastu Sarb Bhurtesu Nirantakani Santu cha Ma Vyadhirastu Bhutanamadhyon Bhawantu cha Maitrimashesh Bhutani Tushyantu Sakle Jane Shibmastu Dwijatinam Pritirastu Parasparam. (Ch/188, Verse 12-17) (That all persons may be happy, may express each other's happiness, that there may be welfare of all, all being free from fear and disease; cherish good feelings and sense of brotherhood....
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.... faster still, that social sanctions behind them. Virtues that sustained a static age are found to be utterly inadequate to the demands of a dynamic society". Everywhere, old values, old edifices and old social and economic groups are crumbling down. This is just the beginning of the industrialisation. Complacency is not a solution in the profound transition period. Indian spiritualism had responded successively to all changes on the strength of her tenacious loyalty to fundamental spiritual values, which India placed at the foundation of her national culture. It is this faith in ritual values, which has been tested in good and evil fortune. Science is characterised as a keen spirit of inquiry and deep passion for truth. Science has enabled the human mind to unravel secret after secret from nature and increase enormously man's knowledge of the world in which he lives. Speaking on democracy in India he said that democracy has come to stay. How does India proposes to assimilate the democratic value to her cultural heritage? Democracy should have a content of universal value which is something more than the merely political, social or national. The value is the ethical and sp....
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....cratic countries of the West. In the background of these agitating questions lies the great spiritual heritage of India. Those who are acquainted with its vitality hold the hope that India can yet show the world how to understand, assimilate, and express human values which form the theme of democracy everywhere. India's spirituality can enable Indians and the peoples of the world to digest the formidable forces that are being generated and placed in man's hands today. The spiritual meaning of democratic living and fulfilment, as taught by India's ancient and modern seers- in other words, the religion of the spiritual oneness of humanity has to be revived and reactivated in men's thinking and day to day living, and its powerful influence brought to bear on these new and ever newer forms of scientific and social power, thereby giving them a higher direction and a loftier spiritual and human purpose. This is the central message of religion. It is a message which requires to be specially emphasized in the world in which we are living today. The 'religion' carries to some at least of the modern world a bit of bad odor. It is unfortunate. It is due to the fact....
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....them directly. Without this spiritual direction, the forces generated by science and politics nourish the low self of man and become sources of sorrow and discord, division and instability for man and society. A knowledge which leads to the increase of sorrow is not knowledge but ignorance, the offspring of spiritual blindness. It is spiritual awareness alone that transforms all knowledge into wisdom, and into forms of peace and happiness, love and service. The transformation of the world which science and politics seeks is powerless to ensure human welfare without the transformation of human nature itself, which religion seeks through a discipline of the whole personality, it is only such spiritually disciplined individuals and groups that can ensure for humanity at large the values of life, liberty, and the pursuit of happiness, of liberty, fraternity, and equality. The peace and happiness of man and the stability and ordered progress of civilizations depend entirely upon the intensification of the spiritual awareness of humanity. With this spiritual awareness for foundation, the structure of civilization raised by science and democracy becomes strong and steady; without it, it....
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....ons, it recognises that in certain aspects, and under certain conditions, religious practices may impinge upon socio-economic problems and the Constitution has made it clear that wherever socio-economic problems or relations are involved, the State will have a right to interfere in the interests of public good. Articles 25 and 26 of the Constitution provide for the right to freedom of religion and though the Indian Constitution is secular and does not interfere with religious freedom, it does not allow religion to impinge adversely on the secular rights of citizens or the power of the State to regulate socio-economic relations. 74. In "Religion and Politics" by Justice V.R. Krishana Iyer [1991 Edition] it is stated at page 204 that "secularism in India has a spiritual foundation not because of a profusion of competing religions and Gods but because of the realisation that the universal essence of all of them is that service of man is the worship of God and the reverence for all creation is compassion which springs from the recognition of the divinity imminent everywhere. Our composite cultural heritage conceives of a synthesis between these two great values. One doe....
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....of knowledge of self- consciousness or self-realisation and of personal experience of eternal or infinite worth, there are two aspects of religion true-religion and religionism. True religion is spiritual religion that seeks to live in the spirit, in what is beyond the intellect, beyond the aesthetic and ethical and practical being of man and to inform and govern these members' life by higher light and law of the spirit. This is Vedantha. Religionism entrenches itself in some narrow piestic exaultation of the lower members, or lays exclusive stress on intellectual dogmas, forms and ceremonies on some fixed and rigid moral code on some religion-political or religio-social system, which are not always necessary or worthy for a spiritual religion and which disdain the aid of the forms, ceremonies, creeds or system. The fundamental desire of man is to make peace with his inner life. The spiritual religion is a form of the fundamental desire of man to make peace with his innerself and bring to bear the experience of transplantation of his current personality into a vibrant ready sense of knowledge of fulfilment and happiness. The experience of the man has to be propelled and to be b....
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....one several changes, but the fundamental, moral and religious ideas of the Hindus which lie at the root of religious and charitable institutions, remain substantially the same. The Hindu is inclined to believe the divine in every manifestation, whatever it may be, and is doctrinally tolerant. Therefore, the Hindu is disposed to think synthetically and to regard other forms of worship, strange Gods, and divergent doctrines as inadequate rather than wrong or objectionable; he tends to believe that the highest divine powers co-complement each other for the well-being of the world and mankind. Religion, therefore, is one of the personal beliefs, is more a cultural attitude towards a physical thinking in that way of life and is worship of the image of God in different manifestation. 81. In Shirur Matt's, a locus classicus on constitutional religion and protection of Articles 25 and 26 of the Constitution, this Court had laid down that 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 worship which are regarded as integral parts of religion, and these forms and observances might e....
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....f charitable and Hindu religious institutions and endowments in their secular administration. It lays emphasis on preserving Hindu dharma and performance of religious worship, ceremonies and poojas in religious institutions according to their prevailing Sampradayams and Agamas. Section 13 enjoins that the Commissioner and every other functionary under the Act "shall not interfere with and shall observe the forms, usages, ceremonies and practices obtaining in and appropriate to the religious institution or endowment". Section 23(1) equally obligates the trustee that he "shall administer its affairs in accordance with the terms of the trust, the usage of the institution or endowment and all lawful directions" issued in respect thereof. Section 142 puts that "nothing in the Act shall affect the performance or interfere with religious worship, ceremonies and poojas in religious institutions" according to Sampradayams and Agama followed in such institution. Section 50(1) enjoins propagation of Hindu Dharma. 84. In Sardar Syedna Taker Saifuddin Saheb v. The Estate of Bombay: [1962] Supp. 2 SCR 496, Sinha, C.J had held, in his separate but concurring judgmen....
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....religion is not merely an opinion, doctrine or belief. It has outward expression in acts as well. It is not every aspect of religion that has been safeguarded by Articles 25 and 26 nor has the Constitution provided that every religious activity cannot be interfered with. Religion, therefore, cannot be construed in the context of Articles 25 and 26 in its strict and etymological sense. Every religion must believe in a conscience and ethical and moral precepts. Therefore, whatever binds a man to his own conscience and whatever moral or ethical principle regulate the lives of men believing in that theistic, conscience or, religious belief that alone can constitute religion as understood in the Constitution which fosters feeling of brotherhood, amenity, fraternity and equality of all persons which find their foot-hold in secular aspect of the Constitution. Secular activities and aspects do not constitute religion which brings under its own cloak every human activity, There is nothing which a man can do, whether in the way of wearing clothes or food or drink, which is not considered a religious activity. Every mundane or human activity was not intended to be protected by the Constitutio....
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....practice is essentially a question of fact to be considered in the context in which the question has arisen and the evidence - factual or legislative or historic - presented in that context is required to be considered and a decision reached. 88. The Court, therefore, while interpreting Articles 25 and 26 strikes a careful balance between the freedom of the individual or the group in regard to religion, matters of religion, religious belief, faith or worship, religious practice or custom which are essential and integral part and those which are not essential and integral and the need for the State to regulate or control in the interest of the community. 89. There is a difference between secularism and secularisation. Secularisation essentially is a process of decline in religious activity, belief, ways of thinking and in restructuring the institution. Though secularism is a political ideology and strictly may not accept any religion as the basis of State action or as the criteria of dealing with citizens, the Constitution of India seeks to synthesise religion, religious practice or matters of religion and secularism. In secularising the matters of religion which are not essential....
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....erience. History and customs, utility and the accepted standards of right conduct are the forms which singly or in combination shall be the progress of law. Which of these forces shall dominate in any case depends largely upon the comparative importance or value of the social interest that will be, thereby, impaired. There shall be symmetrical development with history or custom when history or custom has been the motive force or the chief one in giving shape to the existing rules and with logic or philosophy when the motive power has been theirs. One must get the knowledge just as the legislature gets it from experience and study and reflection in proof from life itself. All secular activities which may be associated with religion but which do not relate or constitute an essential part of it may be amenable to State regulations but what constitutes the essential part of religion may be ascertained primarily from the doctrines of that religion itself according to its tenets, historical background and change in evolved process etc. The concept of essentiality is not itself a determinative factor. It is one of the circumstances to be considered in adjudging whether the particular matt....
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....ell as their meanings. They explain the application of the mantras and the deeper meanings of the rituals. Aranyakas go deeper into the mystic meanings of the rituals, and Upnishads present the philosophy of the Vedas. 94. From the point of view of content, they are viewed as Karma Kanda (sacrificial portion) and Jnana Kanda which explain the philosophical portion. The major portion of the Vedic literature enunciates the vedic sacrifices or the rituals which inevitably culminate in the philosophy of the Upanishads. That is why the Upanishads are called Vedantha or culmination of the Vedas. 95. The essence of the Vedic religion lies in Vedic sacrifices which not only purify the mind and the heart of those who participate in the sacrifices but also reveal the true and unfragmented nature of the Karman (Action). Erroneously, Western scholars explained the Vedic sacrifices in terms of either sympathetic magic or an act of offering the fire to Gods emulating the mundane act of offering gifts. Thus, for them Vedic religion is a primitive religion and Vedic Gods are simply representing insentient departments of Nature; but it is not so. On the contrary, the term used for Vedic Gods is &....
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.... Guru who knows precisely the extent of spiritual evolution of the seeker and would know what is the stage from which the seeker has to proceed. 99. Hinduism cannot be defined in terms of Polytheism or Hennotheism or Monotheism. The nature of Hindu religion ultimately is Monism/Advaita. This in contra distinction to Monotheism which means only one God to the exclusion to all others. Polytheism is a belief of multiplicity of Gods. On the contrary, Monism is a spiritual belief of one Ultimate Supreme and manifests Himself as Many. This multiplicity is not contrary to Non-Dualism. This is the reason why Hindus start adoring any Deity either handed down by tradition or brought by a Guru or Swambhuru and seek to attain the Ultimate Supreme. 100. The construction of the temple, the nature of the sculpture and the specific way of worshipping the Deity are taught in the respective Agamas, namely, Vaishnava, Saiva, Shakti, Skanda, Saura (Surya) and Ganpatya. The Vaishnava Agamas are divided into pancharatra and Vaikhanasa, whereas Saiva agamas are seen as non-diialistic, dualistic- cum-non-dualistic and dualistic together. Each sect follows its own Agamic text in constructing the temples,....
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....p and meditate upon Swarupa of the Deity in devotee's heart. Finally, people identify themselves with the Deity and realise the non-dual Supreme Reality. But this is all in a given order. There may be one who does not need the external worship but it cannot be dispensed with as a principle. External worship is the first and essential step through which a process of gradual Formless can be reached. 105. In the temple worship to the respective Deities, prescribed rituals should be conducted according to the aforesaid respective Agamas. The worship may be simplistic or elaborate. It is believed that the 'Kala' or the 'power' increases along with increase in investment of worship. The logic: "The increased worship is effected into the wider participation - individual as well as social. This is the gradual expansion of the grade bestowed on the greater number of the men and women as well as all the creatures. Therefore, right from Panchopchara to Devaupachara to Shodashaupchara and to Rajopachara, all forms of worship have got their own importance. It is a matter of only one's capability. There is a definite correspondence between Vedic and Agamic worship. ....
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....nalterable creed. Yet we have in Christianity so many different sects, sometimes with notions and ideologies which go counter to one another. And Islam too recognizes the seventy-two firqahs or sectarian organisations. Christ is quoted to have said, 'In my Father's house are many mansions'. Could we not legitimately take it to mean that a great latitude was allowed by him in the sum total of the faith and behavior of the elect, all together forming the entire body of the faithful who believed in Christ? Similarly, in spite of the preachings in Islam of the path of orthodoxy as embodied in a literal interpretation of the Word of God, Kalam Ilahi, which is the Quran, one of the Hadith or traditional savings as ascribed to the Prophet runs like this : "Thruqu- Ilahi Ka-'adadi' anfasil-makhluqali" the ways of God are like unto the breathings of all created beings. There are many people who therefore consider that it would be nothing less than blasphemy to assert that the ultimate Reality can be approached only by one path - and that path presumably is the one which the person making such an assertion believes in. 108. On the 'Vaikhanas Early History A....
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....is sustenance and maintenance of himself and his family so as to keep the priest in comfort and free from want. It also speaks of employment of a archaka for life. At pages 302 and 303, it is stated that the owner of the temple should appoint one or two archakas according to his capacity. The archakas must be Vaikhanasa and having the qualities mentioned above and free from vices. He is enjoined to divide his earnings into three equal parts keeping for himself 2/3rd share for maintenance of himself and his family and 1/3rd share for carrying out dharmik purposes. He is also directed to enjoy the gifted land according to the stipulations. 110. In Prakirnadhikara, (para 12) it is mentioned that the income from property of the temple be divided into three parts - first part to be retained for himself and his family; the second part for the temple; and the third one for the construction of the temple - taking care of the residence of the archaka. In Kashayappa Jhanakanda, para 21 also mentions the same. The Agama text intended to avoid confusion in procedures of worship by insisting upon the hereditary character of priesthood (either in the family or through teacher pupil line). Praki....
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....page 22, it is stated that priest of Vaish-nava cult has the right to perform worship by heredity. In Satvata-Sanihita at page 411, the way the abhiseka (the ablution) may be done by the principle priest, is mentioned. Others who had initiation (Diksha), disciple of Guru, or the son, or disciple with good qualities mentioned above are eligible to perform pooja. In this way the abhiseka would be done only by those who are born is the family of Acharyas. The right of karsana etc. vests only in such persons. In "Laksmi-tantra", a Pancharatra Agama by Pandi V. Krishnamacharya, it is stated at page 1 that in the Vaikhanasa system only those priests who by the tradition of heredity belong to the Vaikhanasa sutra perform the worship for sacraments like the birth ceremony, naming ceremony etc. and follow the rules prescribed therein, i.e., the Vaikhanasa sutras. At page 2, he has stated that in the Pancharatra system all priests have a right to worship the images (established in their houses) for their own benefits. But for conducting worship in the temple particularly in famous temples only the descendants of the priests properly initiated (Diksha) especially by family tradition....
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....acquire the twice-born status. One acquires it only by virtue of his work. 113. As far as Vaishvanism is concerned, the Agamas are of two types - Vaikhanas and Pancharatra. While the former is based purely on Vedic traditions, the letter has Tantric character. Vaikhanasa and Pancharatra followers have been known to be attacking each other on the ground of acquiring more powers and emoluments in cash and kind from the temples. The Vaikhanasa turned to the Pancharatra Agamas for information on several religious issues. The Vaishnavas is much indebted to the authority of the Pancharatra Agamas. The Agamas categories worship as Svarth, i.e., for self in one's own home and Parartha. i.e., one performed by the priest for others in a temple. The priests in order to be eligible have to undergo Diksha, which is described elaborately in the Agamas. Some of the Agamas state that while worship for oneself can be performed by any one who is initiated into the ritual but the worship to be performed for others in a temple has to be by the priest who has inherited authority of acting as priest by family succession. Krishnarcharya has rationalised the synthesis between Vaikhanasa and Pancharat....
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....in temples for the idol to sustain the faith of the people, insisted upon the need for performance of elaborate ritual ceremonies accompanied by chanting of mantras appropriate to the Deity. This Court also recognised the place of an archaka and had held that the priest would occupy place of importance in the performance of ceremonial rituals by a qualified archaka who would observe daily discipline imposed upon him by the Agamas according to tradition, usage and customs obtained in the temple. Sri P.P. Rao, learned senior counsel also does not dispute it. 117. The main controversy is only of hereditary succession as an archaka. The question is : whether abolition of hereditary right to perform such service is an integral part of the religion? Sri Parasaran contended that since this Court in first Shirur Math's case had held that the doctrine of a particular religion or usages and practices would include food and dress, priest being an inseparable part of the Agamas without whom the ceremonial temple worship would not start, archaka becomes part of idol worship and a part of religions practice. Therefore, the abolition of hereditary right to perform ceremonial worship by the p....
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....er office-holders or employees of the temple. In Seshammal's case, this Court had upheld the legislative competence to take away the hereditary right as such. 119. The real question, therefore, is : whether appointment of an archaka is governed by the usage and whether hereditary succession is a religious usage? If it is religious usage, it would fall squarely under Article 25(1)(b) of the Constitution. That question was posed in Seshammal's case wherein this Court considered and held that though archaka is an accomplished person, well-versed in the Agamas and rituals necessary to be performed in a temple, he does not have the status of a head of the temple. He owes his appointment to Dharmakarta or Shebait. He is a servant of the temple. In K. Seshadii Aiyangar v. Ranga Bhattar I.L.R. 35 Mad 631, the Madras High court had held that status of hereditary archaka of a temple is that of a servant, subject to the disciplinary power of the trustee who would enquire into his conduct as servant and would be entitled to take disciplinary action against him for misconduct. As a servant, archaka is subject to the discipline and control of the trustee. The ratio therein was applied a....
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....f the establishment liable to disciplinary jurisdiction. Consequently, they stand along with the priest (archaka) of the temple of Sri Balaji. It is true that hereditary rights of archaka or other office-holders are in vogue in most of the State Acts and no attempt therein appears to have been made to abolish them, yet their inaction or omission to amend the law is no ground to hold that the legislature lacks the power to do so or that they are in violation of the Constitution. In fact, it is not the submission of Sri Parasaran that the legislature lacked competence to enact Sections 34 and 144 of the Act. Therefore, the abolition of their rights do not violate either Article 25(1) or 26(b) of the Constitution. 121. The next question is : whether abolition of the emoluments attached to the office is invalid in law? Shri Parasaran has forcefully and with vehemence at his command repeatedly argued that appointment of archaka and right to receive emoluments or share in the offerings is an integral usage and practice prevalent in Madras Province from centuries. In Seshammal's case, the usage was not an issue since the hereditary right or usage or practice was not avoided in the Ma....
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....inted to the office whether by virtue of an hereditary claim to the office or otherwise. It was an appendage to the office, inalienable by the office-holder and designed to be the emoluments of the officer into the hands of whosoever the office might pass. It does not take out from the purview the office under Clauses (1) and (2) of Article 16 of the Constitution. An office has its emoluments and it would be wrong to hold that though office is an office under the State, it is not within the ambit of Article 16 to take away the emoluments attached to the office, because prior to the Constitution the law recognised a custom by which there was a preferential right to the office in the members of a particular family. The customary pre-existing right of the family to the property in the shape of emoluments of the office is not independent of or irrespective of the office. There was no pre-existing right apart from the office. It was accordingly held that appointment on principle of descent was violative of Article 16(1) and (2) of the Constitution. 123. It deserves to be noted that Section 13 contains an injunction to the officer mentioned therein and every other person exercising the ....
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..... It is next contended that as per rules laid down in Agmas, the archaka of particular denomination alone is entitled to enter sanctum sanctorum and touch the image of God. A touch by a person of different denomination defiles the image of God. Therefore, persons belonging to that particular family, sect or denomination alone are entitled to perform pooja or ceremonial rituals of daily worship and that the abolition of hereditary right amounts to interference with the religion offending Article 25(1). Ex- facie the argument being attractive, we had put a pointed question to Shri Parasaran that when with the advancement of education and the liberty of a person to pursue liberal higher education of his choice to improve his excellence, persons born in a particular sect or denomination acquire 'liberal education and migrate, as is usual, to a foreign country and settle themselves in profitable avocation, and no other person from that particular family, sect/sub-sect or denomination having knowledge, proficiency and accomplishment is available, what would happen to the performance of rituals in that particular temple. The counsel, after due consideration, was frank to submit that i....
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....atters relating to freedom of conscience. We find no force in the contention. It is settled law that existence of rules is not a condition for the Act to become operative. The rules made under the predecessor Act 17 of 1966 are in vogue. Section 35 prescribes procedure for appointment of office-holders and servants. Section 36 prescribes qualifications. Section 37 regulates disciplinary conduct. The rules have been made in exercise of the power under Section 155 to supplement these provisions. Three schools to impart education one Agama Sastras etc. are established in each in Andhra, Telangana and Rayalseema regions. Vide GOMS 2920 dated December 19, 1958 Board of Examiners from Specialist Pandits was constituted to impart training and conduct examinations and papers were set out on each subject; GOMS No. 1252 dated November 30, 1971 prescribes rules to conduct examinations in Agamas; Vide GOMS No. 1051 dated September 20, 1976 Advisory Board, consisting of eminent Pandits in several Agama specialists, was constituted to regulate examination system. Thus, apart from the provisions in the Act, there are rules which elaborately provide for training facilities and conducting examinati....
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....t glory with immense faith and devotion the people have in Lord Venkteswaraswamy who visit daily in lacs, wait in queue for a day for darshan for a few seconds. Its income grew from voluntary offering in Hundi and sale of Prasadams (food) and Laddus (Sweet- meat). Its administration and management is a systematised feature. The Act and the predecessor Act 17 of 1966 regulated the same in providing every facility to the pilgrims and devotees and cared to minimise inconvenience to devotees during darshan- stay in the precincts or outside-wait at Thirumalai and at Tirupathi down the hills. Chapter VIX of the Act exclusively deals with the management of TTD. It is seen that so long as hereditary archakas, mirasidars or office-holders had their hereditary right, as a part of their rendering service they were entitled to a share in the Prasadam or collections offered to the presiding Deity or other Deities of the temple as per the custom or usage prevailing in the particular temple or agreement between the management and the office-holders. But on abolition thereof, as a corollary, the right to a share in collections, Prasadam etc. also ceased to operate and also stood abolished. Apart f....
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.... regions, viz., Andhra, Telengana and Rayalseema were established and training in fact is imparted to the candidates. The recognition of the qualifications by the Commissioner is one of the conditions, but we have seen the rules made in this behalf. Rules provide elaborate procedure, Competent persons having specialised knowledge in the respective subjects set the question papers and evaluation thereof is done by equally competent on the subjects. As regards the recitation and clarity of pronunciation of Vedic mantras, the candidates are adjudged by the expert persons well versed in Vedic mantras and Agamasastras. A pandit in that branch of speciality is in service of the department. With his assistance and of other persons, the Commissioner would adjudged the suitability of the respective candidates, Similarly, the word 'Sapthavyanams', i.e., seven bad habits, has been clarified in the Explanation of Appendix to Section 36. Therefore, the authority would have no difficulty in adjudging whether a candidate is free from seven vices or any of them. If there is any error of judgment or denial of appointment on that basis in any individual case that would be a matter for consid....
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.... any material it is difficult for us to give any finding in that behalf. Suffice to state that liberty is given to place those necessary and material evidence before the Government which would constitute a Committee consisting of Deputy Secretary, Finance Department, Joint Secretary to the Government, Revenue (Endowment Department) and Joint Commissioner, Endowment Department. The Committee would go into the question to rationalise the pay-scales of all the archakas in different temples and the modality for payment of salary to them. After approval of the rules by the State Government, the respondents should place the same before the Court for further approval. 133. Though we have upheld abolition of hereditary right to appointment as an archaka other office-holders, the evidence from Vaikhanasa literature and other material indicate that archaka should bestow his total dedication to the Deity in the performance of daily rituals; at the same time, he and his family members must be kept in comfort. That property endowed for his services of the income derived from the offerings of the payment of salary, if any, is identified as a source for his living in comfort. The State exercisin....
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....be set up as corpus and procedure would be evolved by the Government as to in which nationalised Bank or income yielding Government Securities the same would be deposited; as to who would operate and disburse the income accrued from the fund from time to time. Subject to further revision, if any, in the above consolidated fund, the TTD is directed to deposit a sum of Rs. 20 crores into the fund during the financial year 1996-97 by end of June 1996. Each financial year, a sum of Rs. 10 crores be deposited till the corpus of Rs. 75 crores is reached. The Government is also directed to call upon other major temples like Narasimhaswamy temple. Yadagirigutta; Sri Malikar-junaswamy temple, Karimnagar; Ugra Narasimhaswamy temple, Visak-hapatam; Satyanarayanaswamy temple, Annavaram; and Kanakaduragmba temple, Vijayawada etc. with annual income of Rs. 20 lakhs or more, to contribute to the said fund of Rs. 75 crores. These temples may deposit the amount in annual installments spread over a period not exceeding five years. During the financial 1996-97, a sum of Rs. 5 crores by each of the major temple may be directed to be deposited and in subsequent four years, a sum of Rs. 1 crore every ye....
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....000 (Rupees Twenty lakhs) within the same period. This amount has been fixed taking into consideration the possibility of this case being disposed of by this Court in course of 1988. 137. Though liberty was given to obtain further directions if the cases would not be disposed of by the year 1988, we do not find that any further directions were given by this Court. This Court had reiterated the interim direction dated June 22, 1987 referred to hereinabove. 138. In view of the fact that writ petitions and transfer cases are being disposed of, it would be open to the Executive Officer of TTD etc. to work out the payments made to the archakas, mirasidars and gamekars etc. and also the rights consistent with the law and would take action accordingly. 139. . The writ petitions and the transfer cases are dismissed subject to the above directions. In the circumstances of the case, however, the parties are directed to bear their own costs. B.L. Hansaria, J. 140. It may look pedantic to say anything more in the face of the very scholarly and erudite judgment of my learned brother with whom I am in respectful agreement on all counts. This concurring note is only to highlight one facet of....
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....for time immemorial. The word is derived from the root 'Dh.r' - which denotes : 'upholding', 'supporting', 'nourishing' and 'sustaining'. It is because of this that in Karna Parva of the Mahabharata, Verse-58 in Chapter 69 says : Dharma is for the stability of the society, the maintenance of social order and the general well-being and progress of humankind. Whatever conduces to the fulfilment of these objects is Dharma; that is definite. 144. (This is the English translation of the Verse) as finding place in the aforesaid Convocation Address by Dr. Shanker Dayal Sharma.) 145. The Brhadaranyakopanisad identified Dharma with Truth, and declared its supreme status thus : There is nothing higher than dharma. Even a very weak man hopes to prevail over a very strong man on the strength of dharma, just as (he prevails over a wrong-doer) with the help of the King. So what is called Dharma is really Truth. Therefore people say about a man who declares the truth that he is declaring dharma and about one who declares dharma they say he speaks the truth. These two (dharma and truth) are this. 146. (English translation of the original text as given....
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....urviving on the basis of fear and blind faith; whereas dharma encapsulates those great laws and disciplines that uphold, sustain, and ultimately lead humanity to the sublime heights of wordly and spiritual glory. Dharma shines in the form of truth, non-violence, love, compassion, forbearance, forgiveness, and mutual sharing. 153. Swami Rama mentioned in this connection what the great master, Krishna, stated to Arjuna about the essence of the Upanishads. He introduced a healthy lifestyle through which people could attain the state of peace here and now. But with the passage of time, people formed a cult around Krishna, giving birth to new religion with various branches. 154. The distinction between religion and dharma has also been explained by saying that religion is enriched by visionary methodology and theology, whereas dharma blooms in the realm of direct experience. Religion contributes to the changing phases of a culture; dharma enhances the beauty of spirituality. Religion may inspire one to build a fragile, mortal home for God; dharma helps one to recognise the immortal shrine in the heart. 155. The author goes on to say that the perennial truths, rules, and laws that hel....