Legal Question in Constitutional Law in India

'' dharma ''

what is dharma ?


Asked on 5/17/03, 12:09 pm

1 Answer from Attorneys

Re: '' dharma ''

The question has been asked under the heading 'Constitutional Law'. The Supreme Court of India has held in A.S. Narayana v. State of A.P.(reported in AIR 1996 SC 1765) as follows (at paras. 81,82): ''81:The word 'Dharma' or 'Hindu Dharma'denotes upholding,supporting, nourishing that which upholds, nourishes or supports the stability of the society, maintaining social order and general well-being and progress of mankind;whatever conduces to the fulfilment of these objects is Dharma. It is Hindu Dharma and ultimately 'Sarva Dharma Sambhava'.

82: In contradistinction, Dharma is that which approves oneself or good consciousness or springs from due deliberation for one's own happiness and also for welfare of all beings free from fear, desire, disease, cherishing good feelings and sense of brotherhood, unity and friendship for integration of Bharat. This is the core religion which the Constitution accords protection".

In CIT v Bijli Cotton Mills (P). Ltd. (reported in AIR 1979 SC 346) The Supreme Court of India held(at page 352) that dharma means either law, or virtue or legal or moral duty.

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Answered on 5/18/03, 9:10 pm


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