The State Legislature has no power to enact a law which in pith and substance is a law relating to religion.

R. N. MISRA, J.

( 1 ) THESE are three applications under Article 226 of the Con- stitution essentially challenging the vires of the Orissa Freedom of Religion Act 2 of 1968 (hereinafter referred to as the Act) and were heard analogously. This common judgment shall dispose of all these applications.

( 2 ) THOUGH the main challenge is on a common stand several allegations have been made in these applications which it may be useful to briefly indicate.

(a) O. J. C. No. 185 of 1969: the four petitioners here are Indian citizens and are Christians belonging to the Roman Catholic church. Of them, the petitioners 2 and 4 are priests who claim to have dedicated themselves to the propagation of the Catholic faith and are engaged in evangelization leading to conversion of persons belonging to other faith by and/or through preaching exhortation. The impugned Act received assent of the governor of Orissa on 9-1-1968 and came into force from the following day. Father Fernando and three others named in paragraph 13 of the application who are said to be catechists have been prosecuted under the Act in the Court of a Magistrate at Gunupur in four separate cases bearing Nos. G. K. Nos. 314. 311. 312 and 313 of 1968 respectively. It is claimed that the Act is ultra vires the Constitution as it infringes the fundamental rights guaranteed under Articles 19 (1) (a) and 25 of the constitution. It is also alleged that the State Legislature has no legislative competency to enact the statute in question. The petitioners have, therefore, prayed for quashing of these several criminal oases upon a declaration that the Act is ultra vires the Constitution.

(b) O. J. C. No. 186 of 1969; this application is by three petitioners. Petitioners 1 and 2 who are indian Citizens and also Christians belonging to the Roman Catholic church are permanent residents of Orissa. Petitioner No. 3 is the Catholic union of India -- a Society registered under the Societies Registration act, 1860, and petitioners 1 and 2 claim to be members of the said society. It is claimed that the main purpose of the Society is to act as the exponent of the Catholic faith, to make representations and submissions to authorities and public bodies in this country in all matters affecting catholics in India and to safeguard by all lawful means the legitimate rights and liabilities and interests of the catholic community particularly in respect of rights granted or recognised by the constitution. The petitioner No. 2 claims that he is a priest devotedly engaged in evangelization. The relief claimed in the application is the declaration that the Act is ultra vires the Constitution being violative of the fundamental rights guaranteed by the Constitution and as being an act of the State Legislature without the requisite legislative competence.

(c) O. J. C. No. 217 of 1969: the petitioner is an Indian Christian and happens to be a professor of the Theological College at Cuttack. He is also the President of the Utkal christian Council -- an organisation formed to aid and assist the protestant Churches, Christian organisations and Christians of Orissa of the Protestant Christian faith in particular. The relief asked for in the writ application is one of declaration that the Act is ultra vires the constitution. Thus the main contention raised in these three applications is that the Act is ultra vires the Constitution. The attack is on the following grounds. (a) The State Legislature has no legislative competency to legislate on matters covered by the Act. end (b) The Act infringes the fundamental right guaranteed under Article 25 of the Constitution.

( 3 ) NO return has been made to the rule nisi issued by this Court in any of these applications. While in spite of time being granted for filing of affidavits in opposition in the first two cases no steps have been taken; in the last case, on 89-1969, counsel on behalf of the State of Orissa stated that no counter affidavit was intended to be filed. We