Thursday, March 31, 2011

Re: [HumJanenge] Govt Spent Rs 3,554.78 Crore on Hajj Subsidy Last Decade

It is indeed an excellent judgment from the Supreme Court which
upholds the rights of poor people to be dispensed their destiny by
Bharata Bhagya Vidhaata.

To borrow a phrase from the Bible
"It is easier for a camel to pass through the eye of a needle than for
a rich man to enter the Kingdom of Heaven".

On Thu, Mar 31, 2011 at 7:12 PM, Awdhesh Kumar <jhajee9999@yahoo.co.in> wrote:
>
>
> Please read this supreme court judgment
>
> Prafull Goradia Vs. Union of India (UOI) - Jan 28 2011
> Issue
> Haj Committee Act, 1959; Haj Committee Act, 2002; Madras Hindu Religious and Charitable Endowments Act, 1951; Income Tax Act; Central Excise Act; Sales Tax Act; Central Provinces and Berar Act; Constitution of India - Articles 14, 15, 27 and 32
> Synopsis
> This Writ Petition under Article 32 of the Constitution had been initially filed challenging the constitutional validity of the Haj Committee Act 1959, but thereafter by an amendment application the Haj Committee Act of 2002 which replaced the 1959 Act, has been challenged. The ground for challenge was that the said Act is violative of Articles 14, 15, and 27 of the Constitution. The grievance of the Petitioner was that he is a Hindu but he has to pay direct and indirect taxes, part of whose proceeds go for the purpose of the Haj pilgrimage, which is only done by Muslims. This court relied upon Government of Andhra Pradesh v. P. Laxmi Devi AIR 2008 SC 1640 where the court held that Court should exercise great restraint when deciding the constitutionality of a statute, and every effort should be made to uphold its validity. Parliament has the legislative competence to enact the Haj Committee Act in view of entry 20 to List 1 of the Seventh Schedule to the Constitution which states: "Pilgrimages to places outside India". On this ground petition was dismissed.

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