The court established that administrative decisions of religious institutions impacting public duties are subject to judicial review, but internal administrative matters not affecting public functions are not.

ORDER

The present writ petition has put in issue the bifurcation of the Coimbatore Diocese resulting in the creation of the Erode-Salem Diocese in the meeting held between 13th to 15th January, 2023, which has since been communicated by the 1st respondent on 16.01.2023 as illegal and to quash the same.

2. It is the case of the petitioners, who are members of the Church of South India (for short ‘CSI’) that the CSI was formed by the union of different church traditions prevalent in South India and Sri Lanka and is governed by a binding written document referred to as the Constitution of the Church of South India (for short ‘CSI Constitution’) which forms the foundation for both religious and secular administration of CSI.

3. The CSI Constitution stipulates that the Coimbatore Diocese shall consist of the Nilgiris, Salem and Dharmapuri Districts, Jolarpet and Tirupathur in North Arcot District and Coimbatore District except Dharapuram and Udumalpet Taluk, the Anamalai Hills in Pollachi Taluk and the Churches in and around Kangeyam and Talavadi.

4. It is the further case of the petitioner that each Diocese is permitted by the CSI Constitution to have their own constitutions for their administration subject to the CSI Constitution and that CSI apart from maintaining churches and discharging clergy functions is running schools, colleges and hospitals in India. It is further averred by the petitioner that the Coimbatore Diocese alone operates and manages approximately 100 schools, 6 colleges and 3 teaching hospitals and nursing colleges.

5. In the further averment of the petitioner that the democratic and congregational basis of CSI is further emphasised in Chapter 9 Rule 2 which mandates that there must be proportional representation in CSI’s highest body, the Synod from the Dioceses with not less than 25% representation fo women and youth members from each Diocese. Similarly the Diocesan Council in each Diocese also has proportional representation from its Pastorates with reservations for women and youth. However, without considering all the above, the respondents, without any consultation and as against the express objections of the CSI members in the Coimbatore Diocese passed a resolution to bifurcate the Coimbatore Diocese into (a) Coimbatore diocese consisting of Nilgiris, Coimbatore and tirupur and (b) Erode, Salem Diocese consisting of Erode, Namakkal, Salem, Dharmapuri and Krishnagiri, which resolution is wholly illegal and violate the letter and spirit of the CSI Constitution.

6. It is the further averment of the petitioner that inspite of the said proposal being under consideration since 1994, however, on 11.12.2019, the Synod Executive Committee recommended the bifurcation of the Coimbatore Diocese by creation of a new Erode-Salem diocese, which is contrary to the proposal that only Salem be separated into a new diocese, which recommendation was accepted by the Synod on 11.01.2020.

7. It is the further averment of the petitioner that pursuant to the objections the bifurcation was put on hold by the Working Committee of the Synod on 30.11.2020 and the implementation was deferred till fresh elections were conducted. At all times, the bifurcation was protested by the Coimbatore Bishop. However, inspite of the above, without holding the fresh elections, on 15.001.2021, bifurcation was given effect and administrative committees had been formed for each of the new dioceses, which bifurcation was objected by the Bishop of Coimbatore Diocese.

8. In view of the strong objection for the proposed bifurcation, rejecting the separation, out of blue, the CSI Moderator informed the Bishop of Coimbatore and the Acting Bishop of Erode-Salem Diocese that the Synod had approved the proposed bifurcation at its meeting between 13th and 15th Jan, 2023. As the elections could not be held, the term of the 33rd Diocesan Council was extended by 3 months to 15.02.2020. However, due to the unrest caused by the proposed bifurcation and due to Covid restrict