DAMYANTI NARANGA versus THE UNION OF INDIA AND OTHERS

DAMYANTI NARANGA versus THE UNION OF INDIA AND OTHERS

Legislation compelling alteration of voluntary association composition and depriving the society of property, without reasonable restriction, is unconstitutional. The Hindi Sahitya Sammelan Act, 1962 is invalid as it violates Articles 19(1)(c) and (f), and is not saved by Article 19(4) or (5). Legislative competence does not extend to the newly created entity unless declared as of national importance.

Parties
Petitioner/appellant: Damyanti Naranga; Respondent: Union of India; Respondent: Respondent No. 2 (in W.P. No. 91/64) and Respondents Nos. 16 and 17 (in C.A. No. 358/66); Respondent: Respondents Nos. 3 and 4 (in C.A. No. 358/66); Advocate for Appellant (in C.a. No. 358/66): A. K. Sen; Advocate for Petitioner/appellant: Raghunath Singh; Advocate for Respondents: S. P. Nayar
Jurisdiction
India
Judgment Date
23 February 1971
Procedural Posture
Civil Appeal and Writ Petition / Supreme Court—final Judgment
Outcome
Petition and Appeal Allowed; Act Declared Invalid
Legal Topics
Freedom of Association, Right to Property, Legislative Competence, Societies Registration, Reasonable Restrictions, National Importance Institutions
Constitutional Law Associations Law Property Law Freedom of Association Right to Property Legislative Competence Societies Registration Reasonable Restrictions +1 more

Case Brief

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Parties

Damyanti Naranga

Petitioner/appellant

Union of India

Respondent

Respondent No. 2 (in W.P. No. 91/64) and Respondents Nos. 16 and 17 (in C.A. No. 358/66)

Respondent

Respondents Nos. 3 and 4 (in C.A. No. 358/66)

Respondent

A. K. Sen

Advocate for Appellant (in C.a. No. 358/66)

Raghunath Singh

Advocate for Petitioner/appellant

S. P. Nayar

Advocate for Respondents

Procedural Posture

Civil Appeal and Writ Petition / Supreme Court—final Judgment

Legal Issues

  1. 1 Whether the Hindi Sahitya Sammelan Act, 1962 violates the right to form an association under Article 19(1)(c) of the Constitution.
  2. 2 Whether the Act's provision for reconstituting the society infringes the right to hold property under Article 19(1)(f).
  3. 3 Whether Parliament had legislative competence under Entry 63, List I, Seventh Schedule to enact the Act.

Ratio Decidendi

Legislation compelling alteration of voluntary association composition and depriving the society of property, without reasonable restriction, is unconstitutional. The Hindi Sahitya Sammelan Act, 1962 is invalid as it violates Articles 19(1)(c) and (f), and is not saved by Article 19(4) or (5). Legislative competence does not extend to the newly created entity unless declared as of national importance.

Court Disposition

Petition and Appeal Allowed; Act Declared Invalid

Orders

  • The Hindi Sahitya Sammelan Act, 1962 is declared invalid.
  • Restraint on concerned bodies, including the Union Government, from taking or continuing any action under the Act.