CONSTITUTION

Bal Krishna on State's Role in Religious Institutions

The verdict of the Supreme Court in Vaishno Devi shrine case holding that the service of the priest is a secular activity and that it may be regulated by the State clearly defines the role of the State in the matter of religion. Making a distinction between religious service and the person who performs the service, the court says that performance of the religious service according to the tenets, customs and usages prevalent in a place of worship is an integral part of the religious faith and belief and it cannot be regulated by the State.

But the State has powers to regulate the appointment of the priest and can fix his emoluments. The Government can also abolish his customary share in the offerings to the deity. The ruling was given by a division bench comprising Mr. Justice K. Ramaswamy and Mr. Justice G. B. Pattanaik while upholding constitutional validity of the J&K Shri Mata Vaishno Devi Shrine Act, 1988, which was enacted to provide for the better management, administration and governance of the temple and its endowments.

The 62-page judgement ... made it clear that though performance of the ritual ceremonies was an "integral part" of the religious freedom guaranteed under Article 25 of the Constitution, but securing the service of a priest, who performs ritual ceremonies, was not.

Therefore, when the hereditary right to perform service in the temple can be terminated or abolished by sovereign legislature, it can equally regulate the service conditions of a priest.

The judges say though a priest integrally associates himself with the performance of ceremonial rituals and daily pooja to the deity, he is the holder of an office of a priest in the temple. He is subject to discipline on par with other members of the establishment.

Abolition of emoluments attached to the office of the priest, therefore, cannot be said to be invalid. The customs or usages in that behalf were not an integral part of the religion.

The judges cited the apex court judgement in A.S. Narayana Deekshitulu vs State of Andhra Pradesh case in which it was held that the world "religion" used in Articles 25 and 26 of the Constitution is personal to the person having faith and belief in the religion.

Right to religion guaranteed under Articles 25 and 26 of the Constitution is not an absolute or unfettered right but is subject to legislation by the State limiting or regulating any - economic, financial, political or secular - activity associated with its religious belief, faith, practice or custom.

These are subject to reform as a social welfare measure by appropriate legislation by the State. Though religious practices and performance of acts in pursuance of religious belief are, as much a part of religion, as faith or belief in a particular doctrine that by itself is not conclusive or decisive.

What are essential parts of religion or religious belief or matters of religion and religious practice is essentially a question of fact to be considered in the context in which the question has arisen and the evidence placed before the court. Therefore, the judges said, a balance has to be kept between right to religious belief and faith and the restrictions that can be imposed by the State in such matters. In other words, the court has defined the ambit and scope of Articles 25 and 26 of the Constitution which protect matters of religious doctrine or belief as well as acts performed in pursuance of their rituals, observances, ceremonies and modes of worship

The judgement also demarcated certain areas in which the State can make laws regulating or restricting any economic, financial, political or secular activity which may be associated with religious practice. Under Article 25 (2b) of the Constitution, State has been given power to make laws providing for social welfare and social reforms even though these might interfere with religious practices.

The court has also directed that those priests, who had rejected the offer of employment by the Board and had suffered economic losses as they are no longer allowed to collect offerings, are entitled to compensation from the Board after they file their claim before a tribunal to be set up for this purpose within two months.

Power of Superstitions

Not only in peasant homes, but also in city skyscrapers, their lives alongside the twentieth century the thirteenth. A hundred million people use electricity and still believe in the magic powers of signs and exorcisms. Movie stars go to mediums ... What inexhaustible reserves they possess of darkness, ignorance and savagery! - - Leon Trotsky, Germany.

Importance of Scientific Method

The method of science, as stodgy and grumpy as it may seem, is far more important than the findings of science. If we teach only the findings and products of science, without communicating its critical method, how can the average person possibly distinguish science from pseudoscience?.

Carl Sagan, Cornell University, in "The Demon Haunted World" Science as a Candle in the Dark"