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1997 Supreme(Online)(SC) 53
SUPREME COURT
, J
Sri Adi Visheshwara of Kashi Vishwanath Temple Varanasi and Others v. State of U.P. and Others
CM. Writ Petition No. 1244 of 1984
For the Appellants/Petitioners:Sri Rajeev Dhavan|For the Respondents:Advocate General
The Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983 is constitutional, regulating the secular management of the temple without infringing on fundamental rights, establishing that management rights do not equate to rights concerning religious practices.
Headnote:(A) Constitution of India - Articles 25(1), 26(b), (d) - Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983 - Constitutionality challenged on grounds of infringement of fundamental rights - The Act provides for the proper administration of the Temple, ensuring public health, hygiene, and orderly worship - Management entrusted to a Board for effective administration, not infringing upon religious rights - The Court emphasizes that administrative management is secular and can be legislated upon by the State. (Paras 1-3, 22, 24, 40-47)
(B) Religious Freedom - The distinction between religious and secular management of the temple is made clear. Fundamental rights concerning religious practices do not extend to management rights over properties and institutions, as these are subject to legislative regulation. (Paras 24, 41-42)
(C) Denominational Status - The Court finds that Hindu worshippers are not a denominational sect but part of a broader Hindu identity, thus not entitled to claim exclusive management rights under the Act. (Para 46)
(D)
Findings of Court:
The Act does not violate Articles 25 and 26 and is constitutional as it primarily regulates secular management of the Temple and does not interfere with the religious practices conducted by priests. (Paras 25, 30) (E)
Result: Appeals dismissed without costs.
| Table of Content |
|---|
| 1. background on the temple and its importance. (Para 1) |
| 2. issues regarding temple management and historic challenges. (Para 2) |
| 3. initial judgments on the act's implications. (Para 3) |
| 4. claim of appellants to manage the temple. (Para 4) |
| 5. analysis of the act's accounting measures. (Para 5) |
| 6. distinction between religious and secular management. (Para 19) |
| 7. contention on right to manage temple. (Para 35) |
| 8. analysis of religious rights vs. management. (Para 39) |
| 9. conclusion on management rights and dismissal of appeals. (Para 46 , 47) |
1. These five appeals by special leave arise from the Division Bench judgment of the Allahabad High Court, made on October 28, 1986 in CM. Writ Petition No. 1244 of 1984 and batch. The primary question is as to the constitutionality of the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983 (U.P. Act No. 29/83) (for short, the "Act"), made for the management of the Temple of renowned Lord Vishwanath, otherwise known as Sri Adi Visheshwara of Kashi. By and large, every Hindu believes that without a visit to Kashi for bath in the river Ganges and prayer offered to Lord Shiva, life is incomplete and meaningless and every endeavour is made to visit Kashi at least once in life. The idol of Lord Shiva at Varanasi on the bank of holy river Ganges is one of the five jyotir lingas in India believed to be self incarnated (swayam bhuva); other four, viz., (1) Rameshwaram in Tamil Nadu State; (2) Srisailam on the banks of river Krishna in Andhra Pradesh; (3) Dwarika in Gujarat State; and (4) Onkar in Madhya Pradesh on the bank of river Narmada, are believed to be jyotir lingas according to Hindu mychology. Hindus believe that Lord Brahma is the Creator, Lord Vishnu is the Protector and Lord Shiva is the Destroyer of evils and wicked. Lord Shiva is the commonman's God and it is believed that He is easily accessible by fervent prayer and fulfils the prayers of devotees. Though there are several stories on self incarnation of linga (idol) at Varanasi, the fact remains that it is very ancient. For the last one thousand years, Lord Vishwanath/Visheshwara has been pre eminent Shiva Linga (idol) at Kashi, the supreme principal deity. According to the mythological literature, Lord Avimukteshwara (never forsaken) appears to be the supreme deity in Kashi since the Gupta ages, i.e., 4th century A.D. till 12th century A.D. Pandity Lakshmi Dhara of 12th century in his "Puranic Mahatmya" and "Tritha Vivechana Kanda" and Dandini, the great Sanskrit Scholar (6th century) in his "Dasha Kumaracharita" refer to this aspect of the matter. Mitra Mishra in his book "Tirtha praksh" has also stated that Lord Visheshwara and Lord Avimukteshwara appear to be separately located as is spoken in "Linga Purana" quoted by Lakshmi Dhara. The ancient name of Kashi appears to be "avimukta". The Linga of Lord Visheshwara appears to have been located to north of the sacred well, Jnana Vapi while encircling the Temple of Avimukteshwara, the shrines of Dandapani, Taraka and Mahakaal all of which are also erected near the Jnana Vapi and Lord Visheshwara Temple. According to Puranic mahatmya and Kashi Khanda of the Skanda Purana, the Jyotirlinga was established by Lord Shiva himself when he went into exile to the Mount Mandara during the reign of the legendary King Divodasa. Since Lord Shiva himself disguised the Linga, according to mahatmya Lord Shiva never really left the sacrosanct and sacred Temple. Hence, it became "Avimukta" (Never Foresaken). This was also stated by Vaachaspati Mishra in his famous Puranic work "Tirtha Chintamani" in 1460 wherein he had stated that "Visheshwara" and "Avimukteshwara" were merely two names for the same Jyotirlinga. Narayan Bhatta had similarly mentioned it to be so in 16th century in his work "Tirthalisetu". According to the literature, by 13th to 14th century A.D. and especially dated 1325 A.D. the Temple called Padameshvara was existing as per "Kashi Ka Itihas" page 190 written by Moti Chandra.
