Holding

Clause 68 (71) and clause 46 of the 1934 Constitution are unfair and must be replaced by the detailed provisions prescribed by the Court, and the status quo shall continue until a new Managing Committee is elected.

Summary

The Supreme Court was asked to resolve a dispute between the two factions of the Malankara Orthodox Syrian Church over the fairness of clause 68 (renumbered as clause 71) of the 1934 Constitution, which gave equal representation to each Parish Church irrespective of its size. The Court held that the clause was not fair and ordered its replacement, together with clause 46, by detailed provisions that scale lay representation according to the number of families in each Parish Church. The Court also directed that the parties submit draft amendments within three months and that the new provisions be substituted with immediate effect. It maintained the status quo regarding contested appointments until a new Managing Committee is elected, empowering that Committee to settle any remaining disputes. Finally, the Court ordered the Registrar to prepare a decree that accurately reflects the judgment and directions.

Issues considered

Whether clause 68 (now clause 71) of the 1934 Constitution of the Malankara Association is fair and constitutionally valid.
Whether the Court can direct amendment of the Constitution of a religious organization to ensure democratic representation.
What specific amendments are required to achieve a fair representation of the Malankara Christian community.
How the status quo should be maintained concerning existing appointments pending election of a new Managing Committee.
Whether a decree must be drafted to reflect the operative decision of the judgment.

Subjects

Ecclesiastical lawMalankara Orthodox Syrian ChurchConstitutional amendmentReligious organizationDemocratic representationStatus quoManaging CommitteeElection

Judgment

I

j

MOST REV. P.MA. METROPOLITAN AND ORS. ETC: A
v.
MORAN MAR MARTHOMA MATHEWS AND ANR. ETC.

MARCH 25, 1996

(B.P. JEEVAN REDDY, SUHAS C. SEN AND B
S.B. MAJMUDAR, JJ.]

Ecclesiastical Law : .

l Constitution of Malankara Oiristian Association of 1934: Clauses 46
and 71.-Syrian Gtristian Association (Malankara Association) and C
Diocesan Assembly-Election of member~lauses 46 and 71of1934 Con-
stitution substitUted as detailed in the orde;._As regards dispute in respect of
appointment to posts/offices, stanis quo to be maintained until a new Manag-
ing Committee is elected and on its election, if need be, it would decide the
. ' .
dispute. I D
Decree-Held a decree should trnly reflect the operative decision and_
directions in the judgment.
Ed The main order dated 20.6.95 referred to in this order is reported
in [1995) Supp. 4 sec 286. E
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 4958-60
of 1990 Etc. .

From the Judgment and Order dated 1.6.90 of the Kerala High Court
in A.S. Nos. 331180, 362/90 and 358 of 1980. • F
F.S. Nariman, K. Parasaran, Soli J. Sorabjee, C.S. Vaidyanathan,
D.D.·Thakur; KV. Mohan, PJ. Philip, E.M.s: Anam, S. Balakrishnan, S.
Pra5a.J -R. Thomas, S. Menon, Raju Ramachandran~ T.G. Narayanan Nair,
1

R.K. Pillai, M.T., George and KV. Viswanathan for the appeanng Parties.
G
Ms. Lily Thomas for Intervenor.

The following order of the Court was delivered :

This Order may be read in continuation of the Judgment dated June •
20, 1995. Inasmuch as the Malankara Association was vested with control H
857

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858 SUPREME COURT REPORTS [1996] 3 S.C.R.
. I
A over the religious and communal affairs of the entire Malankara Christian
community, it was held desirable and necessary that the Association must
"truly and genuinely reflect the will of the said community''. For ensuring
it, it was observed "its composition must be so structured as to represent
the entire spectrum of the community. A powerful body having control over
both spiritual and communal affairs of the Malankara Church should be
B composed in a reasonable and fair and manner." It was held that judged
from the above angle, clause (68) of the 1934 constitution cannot be said
to be a fair one, inasmuch as the said clause provided for representation
Parish Church-wise. We took note of the contention urged on behalf of the
Patriarch group that with a view to obtain majority in the Association, the
C Catholicos group has created a number of new Parish Churches with very
small membership and that giving equal representation to all Parish Chur-
ches irrespective of the strength of their membership is neither fair nor
does it ensure a fair. and proper representation of the community in the
Association. It was held that it is necessary to substitute clause (68) (now
clause 71) and other relevant clauses of the Constitution to achieve the
D aforesaid objective which would also affirm the democratic principle, which
appears to be one of the basic tenets of this Church. Accordingly, we direct
both the parties as well as the Rule Committee (mentioned in clause (120)
of the Constitution) to place before this Court within three months from
today draft amendments to the Constitution. It was observed that after
perusing the said proposals, the Court will make appropriate directions.
E
Accordingly, both parties have placed before us their respective
proposals.· Some other parties too have placed their proposals. The
proposals put forward by the Patriarch group seek to amend a large
number of clauses in the Constitution which was not the intention behind
the above direction. The objective was to amend only clause (68) and other
F
clauses to ensure the aforementioned objective.

It is brought to our notice that there are two clauses in the Constitu-
tion which necessarily have to be amended if the aforementioned objective
has to be attained. They are clauses (71) and (46) (re-numbered clauses).
G They read as follows :

"Article 46 : The Vicar or if inconvenient for him, one of the
Assistant Priests deputed by the Vicar and two laymen elected by
every Parish assembly in a Diocese shall be members of the
H Diocesan Assembly. Their term Qf office shall be three years.
MOST REV. P.M.A. METROPOLITAN v. M.M.M. MATifEWS 859

, Article 71 : A priest and two laymen elected by each Parish A
assembly and the members of the existing Managing Committee
shall be members of the Association."

We may now set out the amendments as proposed by the Catholicos
group and Patriarch group :
B.
AS PROPOSED BY THE AS PROPOSED BY THE
CATHOLICOS GROUP PATRIARCH GROUP

Article 71 - Article 71

The following shall be the members (1) All men and women who are
c
or the Association i.e., members or the Malankara
Church, are not less than the age
(a) members of the existing Manag- of eighteen years and are members
ing Coaimittee
. , . I '
of a Parish Assembly in Malankara
(Kerala) shall b,e members of the D
(b) a pries/from each pariSh elected Malankara Association.
by the Parish Ass~mbly. ·
' .. (2) The following powers of the
(c) (i) two laymen elected by the
Malankara Association shall be ex-
parish Assembly of each of those
ercised directly by all the members E
parishers whereof the number 'of
of the Malankara Association and
families are upto 400.
all the other powers shall be exer-
(ii) three laymen elected by the cised by the Managing Committee
Parish Assembly of each of those of and the office bearers so elected.
families are between 401 and 800;
(a) Election of the Catholicos, F .
(iii) four laymen , elected by the Malankara Metropolitan, Two As-
Parish Assembly of each of those sociate Trustees, Association
parishes whereof the, number of Secretary and Assistant to the
familie,s are between 801 and 1200; , Mahnkara Metropolitan.
('

(iv) five laymen elected by the Parish (b) Election of the Managing G:
Assembly of each of those parishes Committee.
'
whereof the number of families ex-
ceed 1200.. Provided, however that such elec-.
tion of members of the Managing •
Committee shall be held at the H
860 SUPREME COURT REPORTS [1996) 3 S.C.R.

A level of the dioceses in Malankara
(Kerala), that is to say that the
members of the Association
belonging to the Parish diocese in
Malankara (Kerala) will vote and

B
elect only those members of the ..
Managing Commitiee who will be
representing that diocese.

(c) Ratification of the amendments
to the constitution proposed by the
c Managing Committee.

(3) Whenever the office of the
Catholicos falls vacant or when a
vacancy is expected due to retire-
ment of the incumbent, the
D Managing Committee shall
propose two names for final selec-
tion by the members of the As-
sociation and the Metropolitan
who secures the higher number of
votes shall be consecrated as the
E
Catholicos.

For the above purpose each mem-
ber of the· Managing Committee
shall · be entitled to propose any
F Metropolitan who is a Vice Presi-
.dent of the Malankara · Associa-
tion. The names of the tW()
Metropolitans securing the largest
number of proposals shall be
placed before the Association
G members for selection of one of
them by ballot. The .Catholicos
shall hold office till he attains the
age. of 75 years or resigns.

H (4) Election shall be held once in
MOSTREV.P.M.AMETROPOLlTANv. M.M.M.MATIIBWS 861

five years to the following offices : A
i. Malankara Metropolitan;
ii. Two Associate. Trustees;

iiL Association Secretary;
iv. Managing Committee;
B
v. Assistant to the Malankara
Metropolitan.

(5)(a) Whenever a vacancy of a
Diocesan Metropolitan arises or is C
expected on account of retirement
of the incumbent the Election
Committee shall conduct an elec-
tion for the. sliid office in the said
( Diocese.•
D
. (b) A priest of the Malankara
Church shall be elected to be con-
secrated as the Metropolitan of a •
Diocese by. the Association mem-
bers of the Parish Churches of that E
Diocese.

Provided that a priest to be
elected for consecration as
Diocesan Metropolitan should
" '
secure 50% + 1 of the votes polled : F
among the member~ of the As-
sociation in the Diocese.

;rhe perso~ u{us eiected shall be
consecrated by the Patriarch or the . G
Catholicos with the co-operation
• of the Synod.

(c) A Metropolitan shall hold of-
fice tlll he attains the age of seven-
.-ty five years.. H
862 SUPREME COURT REPORTS [1996) 3 S.C.R.

A (d) In the first election after the
amendment of the constitution, the
members in the Diocese shall ap-
prove one of the two incumbent
Diocesan Metropolitans.

B A1tic/e 46 Article 46

46(a) The Vicar or if it be incon- (a) The Parish Churches of the
venient for him, one of the Assistant Malankara Church are grouped
Priests deputed by the Vicar as well into dioceses and the number and
C as lay representatives elected by the jurisdiction of the dioceses shall be
Parish Assembly of every parish in determined by the Managing Com-
the Diocese as laid down in Clause mittee of the Association from
(b) below shall be the members of time to time.
the Diocesan Assembly.

D (b) Parishes, with upto 400 families (b) Every diocese shall have a
shall elect two representatives, those diocesan assembly which shall con-
with 401 to 800 shall elect three rep- sist of the following :
resentatives, those with 801. to 1200
families shall elect from repre- (i) Diocesan Metropolitan (Presi-
E sentatives and those parishes exceed- dent)
ing 1200 families shall elect five
representatives from among the lay (ii) All priests (including vicars
members to the Diocesan Assembly. and assistant vicars) who are in
active service in the diocese.

F (iii) Lay representatives of all the
Parish Churches in diocese,

( c) The term of office of the Provided that the number of lay
Diocesan Assembly shall be three representatives to be elected to the
G years. diocesan assembly from each
Parish Church shall be fixed as per
the scale given below :

Parish Churches having 100 or
. ·. more members but 500 or less
H members - 1 Jay representative;
MOSTREV.P.M.A.METROPOLITANv. M.M.M.MATIIEWS 863

r-\ Parish churches ha\ing more than A
500 members - 1 additional lay
representative for every additional
500 members and 1 more lay rep-
resentative for the. remainder of
the members beyond the multiples
of 500 if such remained is not less B
· than 250. Parish Churches ha\ing
less than 100 members shall not be
entitled to have an independent lay
representative, but may with
mutual consent join any other c
Parish Church and, if the com-
I bined strength of their members is
I 100 more, shall be entitled to have
'
a representative for such Com-
bined strength.
D
(c) 30% of the representatives of
the Parish Churches shall be
women and the wards to be
reserved fcir women to ensure such
representation shall be decided by
E
the Election Committee of the As-
sociation.

( d>° The term of ·office of the
diocesan assembly shall be co-ter-
minus with that of the Managing F
,.
Committee.

Ha\ing heard the counsel for the parties and considered the relevant
facts and circumstances, we direct that Articles 71 and 46, as provided
. hereunder, shall stand substituted in the place of the existing Articles 71 G
and 46 in the Constitution with effect from this day :

•Article 71 : The following shall be the. members of the Byrian
Christian Association (Malankara Association) viZ.,

(a) Members of the existing Managing Committee. H
864 SUPREME COURT REPORTS [1996] 3 S.C.R.

A Provided that the nominated members of the Managing Committee,
if any, shall not be entitled to vote at the election of the Catholicos,
Malankara Metropolitan or any other holder of office who is to be elected
by the Association.

(b) A Priest from each Parish Church elected by the Parish Assemb-
B ly: provided that if in any parish church, there is only one priest, he shall
be priest-repres.entative of the Parish church without the need of an
election;·

(c)(i) One layman member elected by the Parish Assembly of each
C Parish Church whose membership does not exceed 100 families;

(ii) One additional layman member to be elected by the Parish
Assembly of a Parish Church having a membership of more than 100
families but not exceeding 250 families;

D (iii) One more additional layman member to be elected by the Parish
Assembly of a Parish Church having membership exceeding 250 families
not exceeding 500 families;

(iv) One more additional layman member to be elected by the Parish
E Assembly of a Parish Church having membership of more than 500 families
but not exceeding 750 members;

(v) One more additional layman member to be elected by the Parish
Assembly of a Parish Church having membership of more than 750 families
but not exceeding 1000 ifamilies;
F .;
(vi) One more additional layman member to be elected by the Parish
Assembly ·of a Parish '.Church having membership of more than 1000
families but not exceeding 1250 families;

G (vii) One more additional layman member to be elected by the Parish
Assembly of a Parish<.Chnrch having membership of more than 1250
families but not exceeding 1500 families;

(viii) One more additional layman member to be elected by the
Parish Assembly of a Parish Church having membership of more than 1500
H families but not exceeding 1750 families;
, , MOSTREV.P.M.A.METROPOLITANv. M.M.M.MATHEWS 865

(ix) One more additional layman member' to be elected by the Parish A
Assembly of a Parish Church having, membership• of more than 1750
families. but not exceeding 2000 families;

(x) One more additional layman member io be elected by the Parish
Assembly of a Parish Church having membership of ·more than 2000
families; ·8
. • Provided that each family which is·a"me.;,b~ ·o( the Parish.Church
•.
·shall have one vote and it-is for the family to deeide who among the~ shall
participate in the voting.

Provi&d further that a vote can be cast oii'behalf of the family either C
by a male member or by a female 'provide.ii he or she has attained the age
of twenty. one years.

; Provided further t~at the meml:iership of eacli Parish ChurCh shall
be determined with ! reference to the · eitteries in the relevant register ·D
maintained by each Parish Church 'as on· the date of the Judgment, i.e.,
June 30, 1995.

' (d) The terni of the meinbers elected under clauses (a) arid (b) above
shall ·be five years. . ' ·
·' ·~ I · l ;._ • · '·. r ,-· '· · · · .
E
· . (e) The Managing Committee shal) be elected every five years soon
aft6r the election 'of th~ niembers underdauses (b) and ( c). .
. ; . . ;. -•

Article 46 : The following shall be the members of thi; Diocesan Assembly,
viz.,
F
(a) A Priest from each Parish Church elected by the Parish Assemb-
ly; .provided
• t_I ~
that if in .arty
. ·..
parish .church,there
. . . .
is only~one
. . .
priest, he shall
~

be the priest-represent!'five of the Parish church without the need of an
election; ·

· (b)(i) One layman member elected by the Parish Assembly of each G
Parish Chur~h ·whose membership do.es not exc,eed lOOJamilies; . .

(ii) On ~ore
additional layinan member to be elected by the Parish
Assembly of a Parish Church having a membership of more than 100
families but not exceeding 250 families; · •· · · H
.•
866 SUPREME COURT REPORTS [1996] 3 S.C.R.

A (iii) One more additional layman member to be elected by the Parish
Assembly of a Parish Church having membership exceeding 250 families
but not exceeding 500 families;

(iv) One more additional layman member to be elected by the Parish
Assembly of a Parish Church having membership of more than 500 families
B but not exceeding 750 families;

(v) One more additional layman member to be elected by the Parish
Assembly of a Parish Church having membership of more thari 750 families
but not exceeding 1000 families;

c (vi) One m\)re additional layman member to be elected by the Parish
Assembly of a Parish Church having membership of more than 1000
families but not exceeding 1250 families;

(vii) One more additional layman member to be elected by the Parish
Assembly of a Parish Church having membership of more than 1250
D
families but not exceeding 1500 families;

(viii) One more additional layman member to be elected by the
Parish Assembly of a Parish Church having membership of more than 1500
families but not exceeding 1750 families;
E
(ix) One more additional layman member to be elected by the Parish
Assembly of a Parish Church having membership of more than 1750
families but not exceeding 2000 families;

(x) One niore additional layman member to be elected by the Parish
p Assembly of a Parish Church having membership of more than 2000
families;

(c) The term of members elected under clauses (a) and (b) shall be
five years.
11

G It is directed that the election of members of the Association and the
Diocesan Assemblies shall take place within three months from today on
the basis of Articles 7f and 46 aforementioned.

PART-II

H Another controversy which was raised before us relates to the ap-
v'
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MOST REV. P.M.A METROPOLITANv. M.M.M. MATHEWS 867

pointments made on or after fanuaryl,'197i upto'the date of the judgment A
of this Court. It is submitted that in respect of some posts, appointments
have been made by both tlie groups, wiih. the _result. that in respect of
certain offices/posts, there is more than \lne c!~lmant. At this juncture, it
is not possible to give any specific direction·· as to who among the two
contenders is the legitimate incumbent. It is accordingly directed that the B
status quo as on the date of'ihe 'judgment shall continu·~ uiitil a new
Managing Committee is elected. The said Managing Committee can .decide
the said dispute, if and when necessary.

·f PART- Ill

It is brought to our notice that the decree prepared by this Court
c
pursuant to the judgment dated Jurie 30, 199S h~s been wrongly prepared.·
This is agreed to by both Sri Parasaran, learned .counsel for the Patriarch . I

group and Sri F.s: Nariman: learned counsel for the Catholicos .group...

A decree drafted should. truly reflect ·the operative· decision and D •
directions in the judgmenCfhat is the principle. We, therefore, direct Ms.
Manju Goel, Registrar .(Judicial-II) to prepare a decree in the light of the
judgment' afo~esaid, after noiice to both the parties. It is obvious that the
decree shall also incorporate the directions given in this Ordior. If eithe·r
party or both of them ~re not satisfied with the decree drafted by the. said
Registrar (Judicial-II), the matter m~y be reque~ted to· be placed before E
us for appropriate orders in that behalf;

R.P. ' · Matter disposed o~.
·._ ' . i·.. 1
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t, \

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