State Cannot Dictate What Decisions Can Or Cannot Be Taken By A Public Trust
Case: Parsi Zoroastrian Anjuman, Mhow v. The Sub-Divisional Officer/The Registrar of Public Trusts And Anr.
Corum: Justices U.U. Lalit, S. Ravindra Bhat and Bela M. Trivedi
Case No.: Civil Appeal No. 490 of 2022
Court Observation: “The aim of public control is to ensure that the trust is administered efficiently and smoothly. The state interest is that far, and no more; it cannot mean that the state can dictate what decisions can or cannot be taken.”
“…the principle of autonomy and democratic decision-making cannot be undermined. Any organization which is self-governed, cannot be subjected to overarching state control. As long as its decisions are well informed, and grounded on relevant considerations, the interests of the trust are those defined by its members. Any measure of public control enacted through express stipulations in law, should not be expanded to such an extent that the right to freedom of association, under Article 19 (1) (c), is reduced to an empty husk, bereft of meaningful exercise of choice.”
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