S.P. MITTAL ETC. ETC. versus UNION OF INDIA AND OTHERS
Neither Sri Aurobindo Society nor Auroville constitute a religious denomination under Article 26, and the Auroville (Emergency Provisions) Act, 1980 does not infringe Articles 25, 26, 29, or 30; Parliament had legislative competence to enact the statute; Article 14 was not violated as the situation justified special treatment; mala fide allegations are unfounded and not substantiated.
- Parties
- Petitioner: S.P. Mittal; Respondent: Union of India; Respondent: Sri Aurobindo Society; Respondent: Auroville
- Jurisdiction
- India
- Judgment Date
- 08 November 1982
- Procedural Posture
- Writ Petition / Final Judgment
- Outcome
- petitions dismissed
- Legal Topics
- Legislative Competence, Religious Denomination, Equality Before Law, Freedom of Religion, Management of Societies, Minority Rights
Case Brief
Summary, issues, holding and outcome
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Parties
S.P. Mittal
Petitioner
Union of India
Respondent
Sri Aurobindo Society
Respondent
Auroville
Respondent
Procedural Posture
Writ Petition / Final Judgment
Legal Issues
- 1 Whether Parliament had legislative competence to enact the Auroville (Emergency Provisions) Act, 1980
- 2 Whether the Act infringed the rights under Articles 25, 26, 29, and 30 of the Constitution
- 3 Whether the Act violated Article 14 of the Constitution
Ratio Decidendi
Neither Sri Aurobindo Society nor Auroville constitute a religious denomination under Article 26, and the Auroville (Emergency Provisions) Act, 1980 does not infringe Articles 25, 26, 29, or 30; Parliament had legislative competence to enact the statute; Article 14 was not violated as the situation justified special treatment; mala fide allegations are unfounded and not substantiated.
Court Disposition
petitions dismissed
Orders
- No relief granted to petitioners
- Parties to bear their own costs
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