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Most Rev. P.M.A Metropolitan And Others v. Moran Mar Marthoma Mathews And Another
Factual and Procedural Background
This order is a continuation of the judgment dated 20-6-1995 concerning the governance of the Malankara Christian community. The earlier judgment found that the Malankara Association, which controls the community’s religious and communal affairs, must “truly and genuinely reflect the will of the said community.” Clause 68 of the 1934 Constitution (now renumbered as clause 71) allowed each Parish Church the same representation regardless of its size, a system the Court considered unfair because new, very small parishes could be created to tilt the Association’s balance of power. The Court therefore directed both factions of the Church—the Catholicos group and the Patriarch group—along with the Rule Committee to submit draft amendments within three months. The present order examines those drafts and issues final directions.
Legal Issues Presented
- Whether and how Articles 71 and 46 of the Church’s Constitution should be amended to ensure proportional and democratic representation of Parish Churches in the Malankara Association and Diocesan Assemblies.
- How to maintain continuity in offices where rival appointments were made between 1-1-1971 and the date of the judgment until a new Managing Committee is elected.
- Whether the decree earlier prepared pursuant to the 20-6-1995 judgment accurately reflected that judgment, and how any errors should be rectified.
Arguments of the Parties
Catholicos Group
- Proposed amendments that retained representation through Parish Churches but scaled the number of lay representatives according to parish size.
- Suggested specific numerical thresholds for additional lay representation and maintained a five-year term of office for elected bodies.
Patriarch Group
- Sought to introduce a mass-membership model in which all men and women over 18 in Kerala would directly be members of the Association.
- Proposed far-reaching amendments to many other constitutional clauses beyond those identified by the Court, which the Court viewed as outside the scope of its earlier direction.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court reiterated that the purpose of its earlier direction was limited: to remodel representation so the Association “truly and genuinely” reflects the community’s will. After reviewing both sets of drafts, the Court concluded that only Articles 71 and 46 needed alteration to achieve proportional representation. It weighed the competing drafts and formulated a composite version that:
- Retains clergy representation by ensuring one priest per parish, automatically in single-priest parishes.
- Introduces tiered lay representation based on the number of families in each Parish Church, starting with one lay delegate for parishes up to 100 families and adding delegates at graduated family-membership thresholds.
- Grants each family one vote, exercisable by a male or female member over 21, thereby incorporating gender neutrality in voting.
- Prescribes a five-year term for Association and Diocesan Assembly members and mandates synchronized elections for the Managing Committee.
- Fixes parish membership strength by reference to registers as on 20-6-1995 to avoid manipulation through the creation of new parishes.
On the dispute over dual appointments since 1-1-1971, the Court held that an immediate determination was impracticable and ordered the status quo to continue until a newly elected Managing Committee could resolve the issue. Regarding the inaccurately prepared decree, the Court restated the principle that a decree must exactly mirror the operative portion of a judgment and directed the Registrar (Judicial II) to draft a fresh decree after hearing both sides, with liberty to approach the Court if dissatisfaction remained.
Holding and Implications
HOLDING: Articles 71 and 46 of the Malankara Church Constitution are substituted with the text set out in this order, effective immediately. Elections to the Malankara Association and Diocesan Assemblies must be conducted within three months on the basis of the new provisions. The status quo regarding appointments made after 1-1-1971 is to be maintained until the newly elected Managing Committee decides otherwise. The Registrar (Judicial II) is directed to draft a corrected decree in accordance with the 20-6-1995 judgment and this order.
IMPLICATIONS: The ruling institutes proportional representation tied to parish size, aims to prevent manipulation of Association composition, and schedules prompt elections, thereby restoring democratic governance within the Church. The decision resolves immediate constitutional issues for the parties but sets no broader judicial precedent beyond the Malankara Church context.
Order
1. This order may be read in continuation of the judgment dated 20-6-1995. Inasmuch as the Malankara Association was vested with control 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 composed in a reasonable and fair 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 Churchwise. We took note of the contention urged on behalf of the Patriarch group that with a view to obtain majority in the Association, the Catholicos group has created a number of new Parish Churches with very small membership and that giving equal representation to all Parish Churches 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 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.
2. 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 clauses to ensure the aforementioned objective.
3. It is brought to our notice that there are two clauses in the Constitution which necessarily have to be amended if the aforementioned objective has to be attained. They are clauses (71) and (46) (renumbered clauses). They read as follows:
“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 Diocesan Assembly. Their term of office shall be three years.
71: A priest and two laymen elected by each Parish Assembly and the members of the existing Managing Committee shall be members of the Association.”
4. We may now set out the amendments as proposed by the Catholicos group and Patriarch group:
As Proposed by The Catholicos Group As Proposed by The Patriarch Group Article 71 Article 71 The following shall be the members of the Association i.e, (1) All men and women who are members of the Malankara Church, are not less than the age of eighteen years and are members of a Parish Assembly in Malankara (Kerala) shall be members of the Malankara Association. (a) members of the existing Managing Committee. (2) The following powers of the Malankara Association shall be exercised directly by all the members of the Malankara Association and all the other powers shall be exercised by the Managing Committee and the office-bearers so elected. (b) a priest from each parish elected by the Parish Assembly. (a) Election of the Catholicos, Malankara Metropolitan, Two Associate Trustees, Association Secretary and Assistant to the Malankara Metropolitan. (c)(i) two laymen elected by the Parish Assembly of each of those parishes whereof the number of families are up to 400. (b) Election of the Managing Committee: (ii) three laymen elected by the Parish Assembly of each of those parishers whereof the number of families are between 401 and 800; Provided, however that such election of members of the Managing Committee shall be held at the 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 elect only those members of the Managing Committee who will be representing that diocese: (iii) four laymen elected by the Parish Assembly of each of those parishes whereof the number of families are between 801 and 1200; (c) Ratification of the amendments to the Constitution proposed by the Managing Committee. (iv) five laymen elected by the Parish Assembly of each of those parishes whereof the number of families exceed 1200. (3) Whenever the office of the Catholicos falls vacant or when a vacancy is expected due to retirement of the incumbent, the Managing Committee shall propose two names for final selection by the members of the Association and the Metropolitan who secures the higher number of votes shall be consecrated as the Catholicos. For the above purpose each member of the Managing Committee shall be entitled to propose any Metropolitan who is a Vice-President of the Malankara Association. The names of the two Metropolitans securing the largest number of proposals shall be placed before the Association members for selection of one of them by ballot. The Catholicos shall hold office till he attains the age of 75 years or resigns. (4) Election shall be held once in five years to the following offices: (i) Malankara Metropolitan; (ii) Two Associate Trustees; (iii) Association Secretary; (iv) Managing Committee; (v) Assistant to the Malankara Metropolitan. (5)(a) Whenever a vacancy of a Diocesan Metropolitan arises or is expected on account of retirement of the incumbent, the Election Committee shall conduct an election for the said office in the said diocese. (b) A priest of the Malankara Church shall be elected to be consecrated as the Metropolitan of a diocese by the Association members of the Parish Churches of that diocese: Provided that a priest to be elected for consecration as Diocesan Metropolitan should secure 50%+1 of the votes polled among the members of the Association in the diocese. The person thus elected shall be consecrated by the Patriarch or the Catholicos with the cooperation of the Synod. (c) A Metropolitan shall hold office till he attains the age of seventy-five years. (d) In the first election after the amendment of the Constitution, the members in the diocese shall approve one of the two incumbent Diocesan Metropolitans. Article 46 Article 46 46. (a) The Vicar or if it be inconvenient for him, one of the Assistant priests deputed by the Vicar as well as lay representatives elected by the Parish Assembly of every parish in the diocese as laid down in clause (b) below shall be the members of the Diocesan Assembly. (a) The Parish Churches of the Malankara Church are grouped into dioceses and the number and jurisdiction of the dioceses shall be determined by the Managing Committee of the Association from time to time. (b) Parishes, with up to (b) Every diocese shall have a Diocesan Assembly which shall consist of the following: (i) Diocesan Metropolitan (President). 400 families shall elect two representatives, those with 401 to 800 shall elect three representatives, those with 801 to 1200 families shall elect four representatives and those parishes exceeding 1200 families shall elect five representatives from among the lay members to the Diocesan Assembly. (ii) All priests (including Vicars and Assistant Vicars) who are in active service in the diocese. (c) The term of office of the Diocesan Assembly shall be three years. (iii) Lay representatives of all the Parish Churches in the diocese: Provided that the number of lay representatives to be elected to the 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 members — 1 lay representative; Parish churches having more than 500 members — 1 additional lay representative for every additional 500 members and 1 more lay representative for the remainder of the members beyond the multiples of 500 if such remainder is not less than 250. Parish Churches having less than 100 members shall not be entitled to have an independent lay representative, but may with mutual consent join any other Parish Church and, if the combined strength of their members is 100 or more, shall be entitled to have a representative for such combined strength. (c) 30% of the representatives of the Parish Churches shall be women and the wards to be reserved for women to ensure such representation shall be decided by the Election Committee of the Association. (d) The term of office of the Diocesan Assembly shall be coterminus with that of the Managing Committee.
5. Having 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 and 46 in the Constitution with effect from this day:
“71. The following shall be the members of the Byrian Christian Association (Malankara Association) viz.,
(a) Members of the existing Managing Committee:
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 Assembly; provided that if in any Parish Church, there is only one priest, he shall be priest-representative of the Parish Church without the need of an election;
(c)(i) One layman member elected by the Parish Assembly of each 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;
(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 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 families;
(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;
(vii) One more additional layman member to be elected by the Parish Assembly of a Parish Church 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 families but not exceeding 1750 families;
(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 more additional layman member to be elected by the Parish Assembly of a Parish Church having membership of more than 2000 families:
Provided that each family which is a member of the Parish Church shall have one vote and it is for the family to decide who among them shall participate in the voting.
Providing further that a vote can be cast on behalf of the family either by a male member or by a female member provided he or she has attained the age of twenty-one years:
Provided further that the membership of each Parish Church shall be determined with reference to the entries in the relevant register maintained by each Parish Church as on the date of the judgment, i.e, 20-6-1995.
(d) The term of the members elected under clauses (a) and (b) above shall be five years.
(e) The Managing Committee shall be elected every five years soon after the election of the members under clauses (b) and (c).
46. The following shall be the members of the Diocesan Assembly, viz.,
(a) A priest from each Parish Church elected by the Parish Assembly; provided that if in any Parish Church, there is only one priest, he shall be the priest-representative of the Parish Church without the need of an election;
(b)(i) One layman member elected by the Parish Assembly of each Parish Church whose membership does not exceed 100 families;
(ii) One more 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;
(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 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 than 750 families but not exceeding 1000 families;
(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;
(vii) One more additional layman member to be elected by the Parish Assembly of a Parish Church 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 families but not exceeding 1750 families;
(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 more additional layman member to be elected by the Parish 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.”
6. 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 71 and 46 aforementioned.
Part II
7. Another controversy which was raised before us relates to the appointments made on or after 1-1-1971 up to the date of the judgment of this Court. It is submitted that in respect of some posts, appointments have been made by both the groups, with the result that in respect of certain offices/posts, there is more than one claimant. 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 status quo as on the date of the judgment shall continue until a new Managing Committee is elected. The said Managing Committee can decide the said dispute, if and when necessary.
Part III
8. It is brought to our notice that the decree prepared by this Court pursuant to the judgment dated 20-6-1995 has been wrongly prepared. This is agreed to by both Shri Parasaran, learned counsel for the Patriarch group and Shri F.S Nariman, learned counsel for the Catholicos group.
9. A decree drafted should truly reflect the operative decision and directions in the judgment. That is the principle. We, therefore, direct Ms Manju Goel, Registrar (Judicial II) to prepare a decree in the light of the judgment aforesaid, after notice to both the parties. It is obvious that the decree shall also incorporate the directions given in this order. If either party or both of them are not satisfied with the decree drafted by the said Registrar (Judicial II), the matter may be requested to be placed before us for appropriate orders in that behalf.
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