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PETITIONER: SHRI A.S. NARAYANA DEEKSHITULU

       Vs.

RESPONDENT: STATE OF ANDHRA PRADESH & ORS.

DATE OF JUDGMENT:       19/03/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1996 AIR 1765            JT 1996 (3)   482  1996 SCALE  (2)911

ACT:

HEADNOTE:

JUDGMENT:                             WITH  WRIT PETITION NOS. 1063, 1090, 1374 OF 1987 AND 173/90 AND  TRANSFER CASE NOS.168/88, 170-76/88, 2/90, 37 & 38/90,3/93                          AND 4/93.                       J U D G M E N T HANSARIA, J.      It may  look pedantic  to say anything more in the face of the  very scholarly  and erudite  judgment of  my learned brother with  when I  am in  respectful  government  on  all counts. This  concurring note is only to highlight one facet of his case, which had not been traversed earlier, but which has its  own importance.  The same is the difference between "religion", a  word used in Articles 25 and 26, and "dharma" known to  our psyche. I wish to put on record the difference in my  own way  and to  say that our constitution makers had used the  word "religion" in these two articles in the sense conveyed by the word "dharma".      Very often  the words  "religion" and "dharma" are used to signify  one and  the same  concept or  notion; to put it differently, they  are used inter-changeably. This, however, is not  so, as  would become  apparent from  what  is  being stated later,  regarding our  concept of dharma. I am of the considered view  that the  word religion in the two articles has really  been used,  not as is colloquially understood by the word  religion, but in the sense of it comprehending our concept of  dharma.  The  English  language  having  had  no parallel word to dharma, the word religion was used in these two articles.  It is a different matter that the word dharma has now  been accepted  even in  English language,  as would appear from  Wester’s New  Collegiate Dictionary  which  has defined it  to mean  : "Dharma  : n.  [Ekt. ff.dharayati  he holds;] akin  to L  firmus firm:  custom or  law regarded as duty:  the   basic  principles   of  cosmic   or  individual existence: nature  : conformity  to one’s  duty and nature." The Oxford  Dictionary defines dharma as : "Right behaviour,

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virtue; the Law [Skt = a decree, custom]".      The  difference   between  religion   and   dharma   is eloquently manifested  when it  is  remembered    that  this Court’s precept is ". It is apparent that the word dharma in this cannon  or, for  that matter,  in our  saying: does not mean religion,  but the  same has  been used  in  the  sense defined in  the aforesaid  two dictionaries. This is how the President of India, Dr. Shanker Dayal Sharma, understood the word dharma  in his  address at the First Convocation of the National Law  School of  India University  delivered on 25th September, 1993 at Bangalore.      Our dharma  is said to be ‘Sanatana’ i.e. one which has eternal values;  one which  is neither time-bound nor space- bound. It  is because  of this that Rg. Veda has referred to the existence  ‘Sanatan Dharmani’.  The concept of ‘dharma’, therefore, has been with us for time immemorial. The word is derived from  the root  ‘Dh.r’ - which denotes; ‘upholding’, ‘supporting’, ‘nourishing and ‘sustaining’. It is because of this that  in Karna  Parva of  the Mahabharata,  Verse-58 in Chapter 69 says :      "Dharma is for the stability of the      society, the  maintenance of social      order and  the  general  well-being      and progress of humankind. Whatever      conduces  to   the  fulfillment  of      these objects  is Dharma;  that  is      definite." (This is  the English  translation of  the Verse) as finding place in  the   aforesaid Convocation Address by Dr. Shanker Dayal Sharma.)      The Brhadaranyakopanisad  identified Dharma with Truth, and declared its supreme status thus :      "There  is   nothing  higher   than      dharma. Even  a very weak man hopes      to prevail  over a  very strong man      on the  strength of dharma, just as      (he  prevails  over  a  wrong-doer)      with  the   help   of   the   King.      Therefore people  say about  a  man      who declares  the truth  that he is      declaring dharma  and about one who      declares dharma  they say he speaks      the truth.  These two  (dharma  and      truth) are this." (English translation  of the  original text  as given in the aforesaid convocation address).      The essential  aspect of our ancient thought concerning law was the clear recognition of the supremacy of dharma and the clear  articulation of the  status of ‘dharma’, which is somewhat akin to the modern concept of the rule of law, i.e. of all being sustained and regulated by it.      In Verse-9  of Chapter-5 in the Ashrama Vasika Parva of the Mahabharata,  Dhritrashtra states  to Yudhisthira : "the State can  only be  preserved by  dharma - under the rule of law."      Ashoka mentioned  about victory  of dharma  in his rock edict at  Kalsi which proclaimed his achievement in terms of the  moral   and     ethical  imperatives   of  dharma,  and exemplified the  ancient dictum : (where there is Law, there is Victory).      We may  with profit  refer to  another  learned  speech given by  the President  of India at the valedictory session of  Parliament   of  Religions  held  at  Calcutta  on  19th September, 1993.  Dr. Sharma  was there principally speaking on the  contributions of  Swami Vivekananda  to our religion

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and referred  in this  connection to  the address of Swamiji given at  the International  Conference of Religions held at Chicago in  September  19,  1893,  when  he  explained  many salient features  of the  Vedic and Vedantic body of thought and defined  the characteristics  of a religion "whose whole scope, whole  force, will  be centered in aiding humanity to realize its  own  true...  nature."  The  President  further quoted another  thought of  Swami Vivekananda  where he  had said : "Religion is neither word nor doctrine....It is deed. It is  to be  and become.  It is the whole soul changed into that which is believed...."      Aforesaid was  the Indian  concept of religion of which the framers of the Constitution were aware and it is because of this that the word "religion", as used in Articles 25 and 26 of  the Constitution  cannot  be  confined,  cabined  and crabbed, according to me, to what is generally thought to be religion.      Swami Rama  in his book ‘A Call to Humanity’, published by the Himalayan International Institute of Yoga Science and Philosophy  of  the  U.S.A.  in  1988  has  taken  pains  to demonstrate the  difference between  religion and dharma. It would be  profitable to  note what this great saint has said in this  regard. The word religion, as presently understood, is comprised  of rituals,  customs, and  dogmas surviving on the  basis   of  fear   and  blind   faith;  whereas  dharma encapsulates those  great laws  and disciplines that uphold, sustain, and ultimately lead humanity to the sublime heights of wordly  and spiritual glory. Dharma shines in the form of truth,   non-violence,    love,   compassion,   forbearance, forgiveness, and mutual sharing.      Swami Rama  mentioned in this connection what the great master, Krishna,  stated to  Arjuna about the essence of the Upanishads. He  introduced a healthy lifestyle through which people could  attain the  state of  peace here  and now. But with the  passage of  time,  people  formed  a  cult  around Krishna, giving birth to new religion with various branches.      The distinction  between religion  and dharma  has also been explained  by  saying  that  religion  is  enriched  by visionary methodology and theology, whereas dharma blooms in the realm  of direct experience. Religion contributes to the changing phases  of a culture; dharma enhances the beauty of spirituality. Religion  may inspire  one to build a fragile, mortal home  for God;  dharma helps  one  to  recognize  the immortal shrine in the heart.      The author  goes on  to say  that the perennial truths, rules, and  laws that  help maintain  peace and  harmony  in one’s  individual  and  in  the  community  life  constitute dharma. It  applies for  all times and in all places. Social laws and even national constitutions devoid of such a dharma will lead a society toward an inevitable decline.      Thus, having  love for  all  human  beings  is  dharma. Helping others ahead of one’s personal gain is the dharma of those who  follow the  path of  selfless service.  Defending one’s nation  and society  is the  dharma  of  soldiers  and warriors. In  other words, any action, big or small, that is free from selfishness is part of dharma.      Swami Rama  has further  stated that  dharma has been a great force  in uplifting the human race. Dharma can help us today as  it did  in ancient  times, but  only if  we  start living by  truth, not merely believing in truth. During away from dharma  and distancing  oneself from the Truth is not a desirable way  of living.  It ultimately leads to misery. In the practice  of dharma,  one is  advised to shed to veil of ignorance and  its source  ? Withholding  nothing,  all  the great  sages  in  the  world  shared  their  knowledge  with

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humanity. In  the  Bhagavad  Gita,  the  Bible,  Koran,  and Dhammapada - knowledge, like the sun, shines for all.      It is  because of  the above  that if  one were  to ask "What are the signs and symptoms of dharma?", the answer is: that which has no room for narrow-mindedness, sectarianisms, blind faith,  and dogma.  The purity  of dharma,  therefore, cannot  be   compromised  with   sectarianism.  A  sectarian religion is open to a limited group of people whereas dharma embraces all  and excludes  none. This  is the  core of  our dharma, our psyche.      Nothing  further   is  required   to  bring   home  the distinction between  religion and  dharma; and so I say that the word  "religion"  in  Articles  25  and  26  has  to  be understood not  in a narrow sectarian sense but encompassing our ethos  of Let  us strive  to achieve this; let us spread the message  of our  dharma by availing and taking advantage of the  freedom guaranteed  by Articles  25 and  26  of  our Constitution.