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Supreme Court of India 2017-07-03 dismissed

K.S. Varghese and Ors vs St. Peter's and Paul's Syrian Orth. and Ors

Bench: 2 — Arun Mishra

In Brief

The Supreme Court upheld the validity and binding nature of the 1934 Constitution of the Malankara Orthodox Syrian Church on all Parish Churches. It held that the Patriarch of Antioch's spiritual power over Malankara Church has been reduced to a "vanishing point" by the revival of the Catholicate in 1912. The appointment of Vicars and Priests is a secular, not spiritual matter, and must be done by the Diocesan Metropolitan under the 1934 Constitution. Individual Parish Churches cannot adopt separate constitutions or leave the Malankara Church, as they are subject to a permanent religious trust. The 2002 Constitution adopted by the Patriarch faction is void. The Court rejected claims under Articles 25 and 26, finding that management of churches is a secular matter subject to regulation, while spiritual rights are protected through multiple church authorities.

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Constitutional Law - Articles 25 and 26 Religious Institutions - Administration Church Law and Ecclesiastical Governance Trusts and Charitable Endowments Representative Suits and Res Judicata Property Rights and Management Spiritual vs Secular Matters Fundamental Rights

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