MP High Court declares executive ban on RSS membership for Government Employees unconstitutional [Read Order]

Madhya Pradesh: The Madhya Pradesh High Court has delivered a significant judgment holding that voluntary membership in organizations like the Rashtriya Swayamsevak Sangh (RSS) cannot be proscribed through executive instructions, as it violates Article 19(1)(g) of the Constitution.

Justices Sushrut Arvind Dharmadhikari and Gajendra Singh, while disposing of a writ petition, made important observations on the government’s decision to remove RSS from the list of ‘don’t join’ organizations for central government employees.

The court noted that the Union of India had filed an affidavit stating that the government has reviewed and decided to remove the mention of RSS from the impugned Office Memorandums (OMs) dated 30.11.1966, 25.07.1970, and 28.10.1980.

The court observed, “Ideally, we would have disposed of the writ petition as having rendered infructuous and academic, post the filing of the affidavit dated 10.07.2024. However, since the issues raised in the present petition have national ramifications, especially pertaining to one of the largest voluntary non-governmental organisations, viz. Rashtriya Swayamsevak Sangh (for brevity ‘RSS’), therefore before parting with the matter, this Court finds it condign to make certain observations.”

Addressing the legality of banning voluntary membership through executive instructions, the court stated, “The moratorium on joining RSS must preferably be by way of the Conduct rules only and not through executive-framed Official Memorandums, as it results in the infringement of the precious fundamental rights of not only the central government employees as citizens of the country, but also members and office bearers of the organization serving the country as part of RSS.”

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The court emphasized that any future decision to restore RSS to the ‘don’t join’ list must be preceded by intensive deliberations and backed by persuasive data and compelling evidence. It noted, “If any such decision is taken by the Government sans persuasive data, compelling evidence, and material of restoring the status of RSS and other organizations in the future amongst the ‘don’t join’ organisations, it would always be susceptible and vulnerable to constitutional challenge.”

The court also strongly criticized the previous Office Memorandums, stating that “The issuance of the OMs painting the whole universe of even the apolitical activities of RSS as communal, anti-secular, and against national interest is a decision having drastic consequences, not only for the organization but also for everybody aspiring to associate with it with the noble interest of rendering community & public service.”

The court emphasized that such sweeping characterizations through executive orders have far-reaching implications, affecting not just the organization itself but also individuals who wish to engage in community service through it.

In conclusion, the court directed the Department of Personnel and Training and the Ministry of Home Affairs to publicly display the circular dated 9th July 2024, removing RSS from the ‘don’t join’ list on their official websites and transmit it to all central government departments within 15 days.

[Read Order]