AIR 1962 SUPREME COURT 853

Supreme Court Of India

Hon'ble Judge(s): B. P. Sinha, Ajit Kumar Sarkar, K. C. Das Gupta, N. Rajagopala Ayyangar, J. R. Mudholkar , JJJ

(A) Constitution of India , Art.26(b), Art.25(2)— Law interfering with right of religious denomination to excommunicate its members - Constitutional validity - Dawoodi Bohras - Dai-ul-Mutlaq - Legislation invalidating his power of excommunicating members on religious grounds - @page-SC854Legislation violates Art. 26(b) and is void - Legislation not saved by Art. 25 (2). Bombay Prevention of Excommunication Act (42 of 1949) , — 55 Bom LR 1 : AIR 1953 Bom 183, Overruled. Per majority (Sarkar, Das Gupta and Mudholkar, JJ.; Ayyangar J. concurring; Sinha C. J., contra): The Bombay Prevention of Excommunication Act, 42 of 1949, in so far as it destroys the right of the Dai-ul-Mutlaq of excommunicating any member of the Dawoodi Bohra community on religious grounds, is void being in violation of Art. 26(b) of the Constitution. Per Sarkar, Das Gupta and Mudholkor, JJ. : Since the decision of the Privy Council in Hasanali v. Mansoorali, AIR 1948 PC 66 it is no longer open to dispute that the Dai-ul-Mutlaq, as the head of the Dawoodi Bohra community, has the right to excommunicate any member of the Community.(Para 27) Where an excommunication is itself based on religious grounds such as lapse from the orthodox religious creed or doctrine (similar to what is considered heresy, apo....