Supreme Court of India · 1962-01-09
SARDAR SYEDNA TAHER SAIFUDDIN SAHEB vs THE STATE OF BOMBAY
- Citation / case number
- SC 1958/157
- Court
- Supreme Court of India
- Petitioner
- SARDAR SYEDNA TAHER SAIFUDDIN SAHEB
- Respondent
- THE STATE OF BOMBAY
- Bench
- SINHA, BHUVNESHWAR P.(CJ),SARKAR, A.K.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that the Bombay Prevention of Excommunication Act, 1949, violates Articles 25 and 26 of the Constitution, rendering it void. The Court found that the power of excommunication exercised by the religious head of the Dawoodi Bohra community is integral to the management of its religious affairs, thus protected under Article 26(b). The decision referenced Hasan Ali v. Mansoor Ali, affirming the community's right to manage its religious practices without state interference.