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1982 (11) TMI 169 - SC - Indian LawsWhether Aurobindoism-if one may be excused for using the word `Aurobindoism' to describe what Shri Aurobindo taught and practised and what he was understood by his followers to have taught and practised-was a religion? Whether the followers of Shri Aurobindo could be called a religious denomination/ Has the Fundamental Right guaranteed by Art. 26 been infringed by the Auroville (Emergency Provisions) Act, 1980? Held that:- If the society consists of the disciples and followers of Sri Aurobindo, if its primary object is to profess, practise and propagate the system of Integral Yoga, and, if, therefore, it is a section of a religious denomination, the circumstance that it is engaged in several secular activities and has represented itself to be a non-religious organisation for certain purposes cannot detract from the fact that it is a section of a religious denomination within the meaning of Art. 26 Therefore, we must hold, the Aurobindo Society is a section of a religious denomination within the meaning of the expression in Art. 26 of the Constitution. the administration of the property of a religious denomination is different from the right of the religious denomination to manage its own affairs in matters of religion and that laws may be made which regulate the right to administer the property of a religious denomination. Questions merely relating to administration of properties belonging to a religious group or institution are not matters of religion to which clause (b) of Art. 26 applies. We are, therefore, of the view that the Auroville Emergency Provisions Act which provides for the taking over the management of Auroville for a limited period does not offend the rights guaranteed by Arts. 25 and 26 of the Constitution. Appeal dismissed.
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