1. The Holy Shrine of Shri Amarnath Ji is considered to be one of the Lord Shivas abode situate in the Himalayan Region in the South of Kashmir Valley. It is a common belief amongst the Hindus that Lord Shiva is one of the three Supreme Gods of Universe Brahmaha, Vishnoo, and Shiva. It is a natural Shrine in the shape of a Cave. It is also believed that Lord Shiva emerges in the form of an "Ice Lingam" inside the Cave alongwith structures of Parvati and Shri Ganesha. 2. The pilgrimage to the Wholly Shrine of Shri Amaranth is an annual feature and starts on Vyas Poornima and concludes on the day of Sharavan Rakhi Poornima. The Shrine is situate at an altitude of 3888 Mts.. The approach to the Holy Cave is from the traditional route Via Pehalgam- Chandanwari-Pissu Ghati- Sheshnag- Panjtarni. The distance of track from Chandanwari is 32 Kms. The other route is Via Sonamarg, which is popularly known as Baltal route. It starts from Baltal which is base of the Amarnath Yatra. It goes from Baltal to Brari Marg, Sangam and Cave. The distance from Baltal to Cave is about 16 Kms. The terrain being hilly and snow bound, the pilgrimage to the Shrine is considered to be tough, particularly from Baltal route which though shorter in length is narrower and even dangerous at places. The nature exhibits its glory and scenic beauty on both the routes. 3. The number of pilgrims visiting to the Holy Shrine upto 1990 was hardly 5000 or so. However, in the last decade the Shrine has attracted the pilgrims not only from India but even from abroad. The area being hilly and snowbound weather remains un-certain. Some times vagaries of weather can create worst climatic conditions. In the past certain incidents of un-favourable weather conditions have taken a toll of large number of pilgrims. 4. The Holy Shrine was being managed by a section of Hindu Sect and (Muslim) Shepherds of the local area. However, in the year 2000, the State legislature enacted an Act namely, "The Jammu and Kashmir Shri Amarnath Ji Shrine Act 2000", for the better and effective management of Shri Amarnathji Yatra and up-gradation of facilities for pilgrims. This Act was enforced vide SRO 54 dated 12-2-2001 w.e.f. 21-2-2001. However, in the year 2000, the State legislature enacted an Act namely, "The Jammu and Kashmir Shri Amarnath Ji Shrine Act 2000", for the better and effective management of Shri Amarnathji Yatra and up-gradation of facilities for pilgrims. This Act was enforced vide SRO 54 dated 12-2-2001 w.e.f. 21-2-2001. Under this Act the entire management, administration and governance of Shri Amarnath Ji Shrine vests with a Board namely, Shri Amarnathji Shrine Board as constituted under section 4 of the Act. The Board comprises of a Chairman, and not more than 10 members. His Excellency the Governor of State of Jammu and Kashmir, if a Hindu is an ex-officio Chairman of the Board and if a non-Hindu he has to nominate an eminent person of the State professing Hindu religion and otherwise qualified to be a Member to function as the Chairman of the Board. Amongst members of the Board are- two persons, who in the opinion of the Governor, have distinguished themselves in the service of Hindu religion or culture; two women, who in the opinion of the Governor have distinguished themselves in the service of Hindu religion, or culture or social work, especially in regard to advancement of women; three persons who have distinguished themselves in administration, legal affairs or financial matters and two eminent Hindus of the State of Jammu and Kashmir. The Act also prescribes dis-qualification for the members as enumerated under section 7 of the Act. As far as the duties of the Board are concerned, the same are prescribed under section 16 of the Act. 5. The Board is also conferred with the power to make bye-laws for purposes of carrying out the provisions of the Act in terms of section 21 of the Act. Financial resource of the Board is the `Board Fund created under section 18 of the Act. 6. The petitioner in the present case is an Advocate by profession and claims to be the President of Social and Religious Organization known as "Punjab Shiv Sewa Samiti, Rajpura District Patiala, Punjab". The organization to which the petitioner belongs is said to be organizing annual pilgrimage to the Holy Cave of Shri Amarnathji and also organizes Bhandaras enroute Holy Shrine to provide eating and lodging facilities to the pilgrims. The organization to which the petitioner belongs is said to be organizing annual pilgrimage to the Holy Cave of Shri Amarnathji and also organizes Bhandaras enroute Holy Shrine to provide eating and lodging facilities to the pilgrims. It is stated in the petition that the Organization is ready and willing for installation of Air-conditioning of the Amarnath Cave and to bear the expenses for providing better facilities for the pilgrims during Amarnathji Yatra. 7. The petitioner is aggrieved of certain decisions/ actions of the State Government like fixation of State-wise quota for the pilgrims, charges of the registration fee by the Jammu and Kashmir Bank ltd for registration of the pilgrims and interference by the State Government in the visit of pilgrims and functioning of the Langers/ Bhandaras. One of the concern of the petitioner is non-implementation of the decisions of the Shri Amarnathji Shrine Board by the State Government. The petitioner has expressed his willingness to provide financial assistance to the Board to upgrade infra-structure and better facilities to the pilgrims enroute the Shrine, including the preservation of the Holy Lingam for a longer period to enable the pilgrims visiting the Shrine for its Darshan as the Ice lingam melts after short duration due to heavy rush of pilgrims and climatic conditions. Petitioner has placed on record a decision of Shri Amarnathji Shrine Board which could not be implemented allegedly due to non- cooperation and interference by the State Government Petitioner accordingly seeks a direction restraining the State from interfering in the decision(s) taken by Shri Amarnathji Shrine Board in its meeting dated 17-3-2004, with a direction to dispense with the compulsory registration of the Yatris and State-wise quota and also authorizing private travel agency to run Helicopter service at the higher rate. 8. State of Jammu and Kashmir as also Shri Amarnathji Shrine Board and Union of India have been impleaded as party respondents. It is interesting to note that Shri Amarnathji Shrine Board which filed a detailed reply has by and large supported the allegations of the petitioner. The Boards stand is clear and categorical. It is stated that the Board in its 6th Board Meeting held under the Chairmanship of Lt. It is interesting to note that Shri Amarnathji Shrine Board which filed a detailed reply has by and large supported the allegations of the petitioner. The Boards stand is clear and categorical. It is stated that the Board in its 6th Board Meeting held under the Chairmanship of Lt. General S.K. Sinha, the Governor of Jammu and Kashmir on 17-3-2004 took the following decisions:- (A) to provide better facilities to the Yatris for Yatra 2004; (B) to provide comfortable and insulated pre-fab accommodation with double bunk beds, instead of tents which are mostly found in tattered conditions. Such pre-fab shelters were proposed to be provided for pilgrims, security forces, SASB staff at designated sites like Pehalgam, Seshnag, Panjtarni holy cave and at Baltal; (C) to make all out efforts to provide hot water bathing at camp sites for pure drinking water, and increasing toilet points with modern technique of bacterial culture to avoid foul smell; (D) to do away with the existing nation wide registration process which arbitrarily imposed quota for each State. For this too registration counters were proposed to be installed at Jammu, Pehalgam, Katra, Srinagar, Baltal etc; (E) to take all crowd control measures on the lines of Shri Mata Vaishno Devi Shrine Board, which conducts the Yatra to Shri Mata Vaishno Devi Shrine; (F) to introduce public sector helicopter service at Baltal/Domel-holy cave route. (G) To explore possibility of using bio-metric technology of identifying finger prints and face recognition as is the practice at Tirupati, the most visited pilgrimage.; (H) To send an expert team from DEFO-IIT Delhi and some private concerns dealing in refrigeration system to arrive at most viable solution for retaining the formation of lingham till the culmination of yatra; (I) Besides many other measures which are aimed at improving the connecting routes to holy cave from Baltal to Pehalgam, were also discussed. 9. To further explain the decisions taken by the Board it is stated that the Board shall regulate the registration of the Yatris and decided to provide registration at Jammu, Srinagar, Udhampur, Katra, Pehalgam and Baltal. Board also intends to install environmental friendly pre-fabricated shelters and toilets/ bath rooms and supply of hot water. Board has also taken a decision to preserve "Holy Lingam" till the culmination of Yatra by providing Air-conditioning. Board also intends to install environmental friendly pre-fabricated shelters and toilets/ bath rooms and supply of hot water. Board has also taken a decision to preserve "Holy Lingam" till the culmination of Yatra by providing Air-conditioning. A Project report has also been prepared from DRDO Team that visited the holy cave at the request of the Board. The Board has proposed Yatra for a period of two months to enable larger number of people to visit the Shrine, keeping in view the terrain and scope for limited number of pilgrims on both the routes as per the reports of Mukherjee and Nitish Sen Gupta Commissions. In the supplementary affidavits filed by the Shrine Board, the Board has also disclosed the decisions taken in its 8th Board Meeting which inter-alia include Electrification with the help of a Micro-Hydel Project at Baltal and holy cave and the provision for accommodation for 2500 Yatris for their night haltage at cave. It is stated that 600 Toilets have already been installed. It has undertaken to carry out 100 % sanitation before Yatra. Construction of road from Baltal to Sangam, installation of cable car project with the passage of time; affordable fencing around the camp site; providing advance booking and current booking on first come- first serve basis through internet, Post Offices and Banks, who have expressed their willingness to provide such services. The Board has also tied with NGOs who have offered their services. The Board intends to mobilize social and religious organizations for financial assistance to the tune of Rs 20.00 Crores for providing better facilities for the Yatris and even Shri Mata Vaishno Devi Shrine Board has agreed to grant a loan of Rs 10.00 Crores to Shri Amar Nath Shrine Board for management purposes. It is further stated that Chopper services will be provided at cheaper rates with all technical and safety measures as per the Civil Aviation norms of the Govt of India, on the pattern of such facilities being provided for pilgrims at holy Shrine of Shri Mata Vaishno Devi Ji by Shri Mata Vaishno Devi Shrine Board. 10. It is relevant to note that the Shrine Board has also expressed its concern with the interference caused by the State agencies in carrying out the functions by the Board while providing facilities for the Yatris. 10. It is relevant to note that the Shrine Board has also expressed its concern with the interference caused by the State agencies in carrying out the functions by the Board while providing facilities for the Yatris. In para 8 of the reply some instances have been given where the officials of the State Government including the Addl Deputy Commissioner and police officers have stopped the Board from carrying pre-fabricated huts and other material required for providing facilities to the pilgrims. Even the Labourers were stopped with their tools. The Board in categorical terms has expressed regret for such an action on the part of the officials of Government. It is stated that decision of the Board was communicated to the Chief Minister of the State. However, the same has been rejected by the State Government in May 2004. The State is creating hurdles in the functioning of the Board. The Shrine Board also approached the State Government for transfer of the land enroute the holy Cave beyond Chandanwari for construction to provide facilities like Shelters, Toilets/ Bath rooms etc vide its communication dated 27-4-2001. However, no steps have been taken by the State. The details of expenditure to be incurred by the Board for providing facilities has also been indicated in the Project Report got prepared by the Board through its technical persons. 11. Respondent No. 1 State has filed its objections as also the detailed counter. While admitting the Constitution of the Board through the legislative measure, it is however, stated that the State in exercise of its sovereign power is required to regulate the Yatra by providing adequate security, medical facilities, sanitary and other necessary arrangements. The terrain being hilly and snow-bound cannot accommodate large number of pilgrims. Unfortunate incident of 1996 is referred when a large number of casualties occurred due to natural calamity. Reference is also made to militants attack in 2000. It is stated that two commissions headed by Dr. Nitish K. Sengupta and Lt. Gen JR Mukherjee were constituted, who have suggested compulsory registration and limited number of Yatris on the track and better security infra-structure. State has further stated that a high level committee is constituted during the Yatra which regularly monitors the Yatra and arrangements made there for. It is also stated that there is a threat from militants and the area adjoining the Shrine is militancy infected. State has further stated that a high level committee is constituted during the Yatra which regularly monitors the Yatra and arrangements made there for. It is also stated that there is a threat from militants and the area adjoining the Shrine is militancy infected. Regarding the provision for Langer, it is mentioned that Langers are allowed to the extent needed and after proper scrutiny. Regarding the registration charges/ fee, it is stated that the J&K Bank Ltd has been entrusted with the job of registration in various States and the Bank Charges the fee to the tune of Rs 20 and 25/- per Yatri. As far as the question of providing Helicopter service is concerned, it is stated that the Shrine Board was offered to provide Helicopter service. However, it declined to do so for want of necessary infra-structure and there-after the service was provided for the benefit of the pilgrims through the Departments of Tourism and Civil Aviation by the State. It is further stated that the State has never interfered with the performance of functions by the Board. 12. During the course of hearing, the Shrine Board was asked to inform about the latest decisions taken by it in relation to the Yatra for the current year. Mr. Jalali has produced copy of Minutes of 8th Board Meeting held on 15th Feb 2005. As per the decision, the Board intends to place its staff and Pujaris at the Shrine from 15th May onward on Rotational basis as according to the Board though the Yatra officially will commence on 21st of July, 2005 on Vyas Poornima, however, a large number of Yatris un-officially visit the Shrine much prior to the commencement of the Yatra. This is based upon last years experience. It has also taken a decision to raise resources to the tune of Rs 82 Crores over the next five years for providing various facilities like LOC Type fencing; Electrification including Micro-Hydel Project; Accommodation; Toilets/Bathrooms; Bunk Beds; Sanitation; Preservation of Shiv Lingam; Road Construction from Baltal to Sangam; Cable Car from Sangam to Cave; Construction of two stairs by extension of existing one and roofing thereon; construction of Dwar; etc. 13. I have heard the learned counsel for the parties. I have the privilege of going through the Inquiry Report relating to Tragedy of 1996 and militant attack in 2000. 13. I have heard the learned counsel for the parties. I have the privilege of going through the Inquiry Report relating to Tragedy of 1996 and militant attack in 2000. An inquiry was ordered in respect to unfortunate catastrophe in the year 1996 when a large number of pilgrims were killed between 21st August to 26th Aug 1996. Dr. Nitish K. Sengupta Committee was entrusted inquiry into various aspects of the tragedy and suggest measures and remedies to avoid re-occurrence of such incidents in future and to make such other suggestions as the Committee may like. This Committee considered various aspects and submitted its report on 2-12-1996 making various recommendations and suggestions. I would briefly notice some of the suggestions. (i) Setting up of Amarnath Shrine Board to Coordinate efforts of the various agencies for supervision and management of Yatra; (ii) Improving weather fore-casting technology with the help of Satellite Fore-casting system and providing information to the pilgrims about the approximate forecasting; (iii) Regulation of number of people on the Yatra Route. The Committee suggested 10,000 pilgrims per day beyond Chandanwari on any day and dividing them into three stretches between Chandanwari to Sheshnag, Sheshnag to Panjtarni and Panjtarni to Holy cave with 3000 pilgrims on each section. Advance registration of Yatris through all National Newspapers and fixing registration Centres in various States and at Jammu and Udhampur. Spreading the period of Yatra over a period of 30 days roughly from Ist July to 15th August, depending upon day of Rakhi Poornima. Construction of adequate number of night shelters at Sheshnag and Panjtarni, Chandanwari and holy cave. Involvement of religious and charitable organizations for up-gradation of infra-structure, financial assistance, improving roads and organizing Langer and Medical Camps; proper facility for drinking water and sanitation. Arrangement of Helicopter for carrying out immediate rescue operations in the event of un-favourable conditions. 14. In the year 2000 another Commission of Inquiry was constituted for inquiring into the sequence of events regarding the terrorist attach on Yatri Camp at Pehalgam on Ist August, 2000 in which a large number of persons were killed and injured. This committee was headed by Lt Gen JR Mukherjee, Advisor Security to the Government of Jammu and Kashmir with Mr. C. Phunsog, Principal Secretary, Home Department, Govt of J&K and Mr. Gh Ahmed Pir, District Magistrate, Anantnag as its members. This committee was headed by Lt Gen JR Mukherjee, Advisor Security to the Government of Jammu and Kashmir with Mr. C. Phunsog, Principal Secretary, Home Department, Govt of J&K and Mr. Gh Ahmed Pir, District Magistrate, Anantnag as its members. This committee after conducting a detailed inquiry made various recommendations. Some of the relevant recommendations are being noticed as under:- (i) Setting up Amarnath Shrine Board on the pattern of Shri Mata Vaishno Devi Shrine Board; (ii) Control of number of Yatris. About 1.05 Lakh Yatris during one month period of Yatra. Registration of Yatris and allocation of fixed quota to the States. Alternate Pilgrimage/ Tourist sites in the event of heavy rush of Yatris and accumulation at a particular point; (iii) Period of Yatra to be for one month and in the event of normalcy extension of period of Yatra to ensure enhance period of Ice-Lingam by controlling temperature of the Cave; (iv) To increase duration of Darshan, to open the Baltal route much before the Pehalgam side to enable large number of Yatris to visit the Shrine and reduce the rush during the Yatra, Establishment of Camp sites at Jammu to regulate pilgrims. Establishment of infra-structure of Yatra which include up-gradation of infra-structure; road communication involvement of voluntary organization for financial assistance for construction of permanent structure and installation of Bhandaras and control of number of Bhandaras and Stalls enroute the Yatra. 15. It appears that the State Government on consideration of these reports and with a view to adopt most of its recommendations and suggestions enacted the Jammu and Kashmir Shri Amarnath Ji Shrine Act, 2000 and entrusted the management of Yatra to the Board. 16. During the course of arguments it transpired that there are certain areas of conflict between the State Government and the Shrine Board. The Board has the feeling that it is the sole repository of authority for the development of the Shrine, its area and the welfare of the pilgrims which include providing facilities to them and regulation of the Yatra. 17. India is a secular country. The Constitution of India itself has ensured secular character of the Indian Society. The preamble of the Constitution has declared the Indian Republic to be "Sovereign Socialist Secular Democratic Republic" with liberty of thought expression, belief, faith and worship. With a view to strengthen and regulate the secular character the Constitution has made specific provisions. India is a secular country. The Constitution of India itself has ensured secular character of the Indian Society. The preamble of the Constitution has declared the Indian Republic to be "Sovereign Socialist Secular Democratic Republic" with liberty of thought expression, belief, faith and worship. With a view to strengthen and regulate the secular character the Constitution has made specific provisions. Article 25 of the Constitution of India gives a right to freedom of religion, whereas Article 26 further confers freedom to manage religious affairs. Both these Articles are quoted below: 25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law- (a) regulating or restricting any economic, financial political or other secular activity which may be associated with religious practice. (b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus." 26. Subject to public order, morality and health, every religious denomination or any section thereof shall have the right- (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in maters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. 18. A conjoint reading of both these provisions evidently confer a right on every individual to have freedom of conscience and religious faith and way of worship and also to manage the religious affairs and properties of religious institutions. It further confers the right to profess, practice and propagate religion. However, all these rights are subject to the restrictions imposed for the public order morality and health etc. A religious denomination as used in Article 26 include an Individual, a sect and a body of association. In a Secular country like India, the State and or its agencies have no right to interfere with the religious affairs of any person. Religious affairs, include the right to profess, practice and propagate religion and to maintain affairs in the matter of religion. In a Secular country like India, the State and or its agencies have no right to interfere with the religious affairs of any person. Religious affairs, include the right to profess, practice and propagate religion and to maintain affairs in the matter of religion. Framers of our Constitution while incorporating Articles 25 & 26 (Articles 19 and 20 in the Draft Constitution) were conscious of the plural Character of our Society where persons belonging to different faiths reside. I quote in the words of Sh Mohd Ismail Sahib, one of the member of Constituent Assembly in support of these Articles:- "The question of professing, practicing and propagating ones faith is a right which the human being had from the very beginning of time and that has been recognized as an inalienable right of every human being, not only in this land but the whole world over and I think that nothing should be done to affect that right of man as a human being. That part of the article as it stands is properly worded and it should stand as it is" 19. The Object and purpose of these Articles is loud and clear from the above. These Articles tend to provide freedom in the matter of faith and religion to individuals and prohibits States interference therein except to the extent of regulation for the purposes indicated in the Articles itself. The power to regulate the right guaranteed under these provisions in public order, morality and health has to be conceded to the State. The extent of regulatory power to be exercised by the State and the rights of individuals and religious denominations to manage the religious affairs, own, acquire movable and immovable properties and administer such properties in accordance with law came up for consideration before the Apex Court in two Constitution Bench judgments. 20. First Constitution Bench case is reported as `The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Shri Shirur Mutt, 1954 SCR 1005. In this case the State of Madras enacted a law, The Madras Hindu Religious Endowments Act (Act II of 1927), which was subsequently replaced by the Madras Hindu Religious and Charitable Endowments Act, 1951, where-under the rights of the `Maths and other religious endowments were controlled and regulated through the Commissioner to be appointed under the Act. In this case the State of Madras enacted a law, The Madras Hindu Religious Endowments Act (Act II of 1927), which was subsequently replaced by the Madras Hindu Religious and Charitable Endowments Act, 1951, where-under the rights of the `Maths and other religious endowments were controlled and regulated through the Commissioner to be appointed under the Act. Various sections of the Act were challenged, being violative of Articles 19 (i) (f), 25 and 26 of the Constitution of India. On examining the scope of regulatory power and rights of a person to profess, practice and propagate religion and to hold and administer the religious affairs and the properties, the Apex Court observed as under:- "As we have already indicated, freedom of religion in our Constitution is not confined to religious beliefs only; it extends to religious practices as well subject to the restrictions which the Constitution itself has laid down. Under Article 26(b), therefore, a religious denomination or organization enjoys complete autonomy in the matter of deciding as to what rights and ceremonies are essential according to the tenets of the religion they hold and no outside authority has any jurisdiction to interfere with their decision in such matters"/ x x x x x x x x x x x x x x x x x x It should be noticed, however, that under Article 26(d), it is the fundamental right of a religious denomination or its representative to administer its properties in accordance with law and the law, therefore, must leave the right of administration to the religious denomination itself subject to such restrictions and regulations as it might choose to impose. A law which takes away the right of administration from the hands of a religious denomination altogether and vests it in any other authority would amount to a violation of the right guaranteed under clause (d) of Article 26" 21. In case Ratilal Panchand Gandhi v. State of Bombay and others, 1954 SCR 1055, another Constitution Bench considered another similar law, namely, The Bombay Public Trust Act 1950 and relied upon its earlier Constitutional Bench pronouncement. Some of the provisions of this Act were also struck down on the ground of interference in the religious affairs. In case Ratilal Panchand Gandhi v. State of Bombay and others, 1954 SCR 1055, another Constitution Bench considered another similar law, namely, The Bombay Public Trust Act 1950 and relied upon its earlier Constitutional Bench pronouncement. Some of the provisions of this Act were also struck down on the ground of interference in the religious affairs. The Apex Court observed as under:- "Article 25 of the Constitution guarantees to every person and not merely to the citizens of India the freedom of conscience and the right freely to profess, practice and propagate religion. This is subject, in every case to public order, health and morality. Further exceptions are engrafted upon this right by clause (2) of the article. Sub clause (a) of Clause (2) saves the power of the State to make laws regulating or restricting any economic financial, political or other secular activity which may be associated with religious practice and sub-clause (b) reserves the States power to make laws providing for social reform and social welfare even though they might interfere with religious practices. Thus, subject to the restrictions which this article imposes, every person has a fundamental right under our constitution not merely to entertain such religious belief as may be approved of by his judgment or conscience but to exhibit his belief and ideas in such overt acts as are enjoined or sanctioned by his religion and further to propagate his religious views for the edification of others. It is immaterial also whether the propagation is made by a person in his individual capacity or on behalf of any church or institution. The free exercise of religion by which is meant the performance of outward acts in pursuance of religious belief, is as stated above, subject to State regulation imposed to secure order, public health and morals of the people. What sub-clause (a) of clause (2) of article 25 contemplates is not Stare regulation of the religious practices as such, which are protected unless they run counter to public health or morality but of activities which are really of an economic, commercial or political character though they are associated with religious practices. So far as article 26 is concerned, it deals with a particular aspect of the subject of religious freedom. So far as article 26 is concerned, it deals with a particular aspect of the subject of religious freedom. Under this article, any religious denomination or a section of it has the guaranteed right to establish and maintain institutions for religious and charitable purposes and to manage in its own way all affairs in matters of religion. Rights are also given to such denomination or a section of it to acquire and own movable and immovable properties and to administer such properties in accordance with law. The language of the two clauses (b) and (d) of article 26 would at once bring out the difference between the two. In regard to affairs in matters of religion, the right of management given to a religious body is a guaranteed fundamental right which no legislation can take away. On the other hand, as regards administration of property which a religious denomination is entitled to own and acquire, it has undoubtedly the right to administer such property but only in accordance with law. This means that the State can regulate the administration of trust properties by means of laws validly enacted, but here again it should be remembered that under article 26 (d) it is the religious denomination itself which has been given the right to administer its property in accordance with any law which the State may validly impose. A law, which takes away the right of administration, altogether from the religious denomination and vests in it in any other or secular authority, would amount to violation of the right which is guaranteed by article 26 (d) of the Constitution." 22. In the present case the State in exercise of its regulatory power conferred under the Constitution has enacted the Jammu and Kashmir Shri Amarnath Ji Shrine Act 2000 This enactment as noticed above appears to have been made on the suggestions of Dr. Nitish K. Saingupta and Mukherjee committees recommendations for the better management of Shri Amarnathji Yatra. The preamble of this Act clearly indicate the object and purpose of enacting this law, which reads as under:- "An Act to provide for the constitution of a Board for the better management of the Shri Amarnathji Yatra, upgradation of facilities for Holy pilgrim and matters connected therewith or incidental thereto." By virtue of Section 16 the Shri Amarnathji Shrine Board has been conferred with the powers on all matters enumerated therein. It is useful to take note of the powers of the Board as provided under section 16 of the Act. "16. Duties of the Board. Subject to the provisions of this Act and of any bye-laws made there-under, it shall be the duty of the Board:- (a) to arrange for the proper performance of worship at the Holy Shrine; (b) to provide facilities for the proper performance of worship by the pilgrims; (c) to make arrangements for the safe custody of the funds, valuable and jewellery and for the preservation of the Board Fund. (d) To undertake developmental activities concern the area of the Shrine and its surroundings; (e) To make provision for the payment of suitable emoluments to the salaried staff; (f) To make suitable arrangements for the imparting of religious instructions and general education to the pilgrims; (g) To undertake, for the benefit of worshippers and pilgrims (i) the construction of buildings for their accommodation; (ii) the construction of sanitary work; and (iii) the improvement of means of communication; (h) To make provision of medical relief for worshippers and pilgrims; (i) To do all such things as may be incidental and conducive to the efficient management, maintenance and administration of the Holy Shrine and the Board Funds and for the convenience of the pilgrims. 23. A reading of this section would clearly reveal that the Board has been entrusted with the duties not only to arrange for the proper performance of worship and maintenance of the Holy Shrine, but also to provide facilities for the Yatris which inter-alia include suitable arrangements for their accommodation, sanitation, means of communication, medical facilities and also imparting religious instructions and general education to the pilgrims. It is for this purpose that a "Board Fund" has been created under section 18 to carry out the objects and purposes of the Act. 24. I have noticed the decisions of Shri Amarnathji Shrine Board in its 6th and 8th Board Meetings held on 17-3-2004 and 15-2-2005 respectively. All these decisions of the Board are within the purview of the powers of the Board vested with it under section 16 of the Act. One fails to understand the objection of the State in allowing the Board to implement its decision which appears to be well thought and in larger public interest as also in consonance with its power conferred upon it by law. Mr. One fails to understand the objection of the State in allowing the Board to implement its decision which appears to be well thought and in larger public interest as also in consonance with its power conferred upon it by law. Mr. Anil Sethi, learned counsel appearing for the respondent- State has vehemently urged that the State cannot be prevented from exercising its regulatory control over the affairs of the Board as the State has sovereign powers to regulate in public interest. He has emphasized on the recommendations of the two Inquiry Committees and also the fact that in past such incidents have occurred which has persuaded the State to interfere in exercise of its regulatory authority. According to him, it is the responsibility of the State to take care of the security aspect of Yatris who visit Holy Shrine, their welfare keeping in view the weather conditions of the area as also the fact that the same is militancy prone. No-doubt a welfare State under the Constitution has to take care of all such aspects. Rather, it is the obligation of the welfare State to have concern for the welfare of its subjects. The concern of the State has to be to the extent of regulation, but it has no right to interfere with the religious affairs and management of the Shrine, particularly when the State itself has enacted a law and conferred and vested the powers to manage in the autonomous body like Shrine Board. After the enactment of law the regulatory powers of the State are confined to the security scenario and public order etc.. From the preamble and section 16 of the Act, it is evident that the Shrine Board has the authority not only to manage Yatra, but also to develop the adjoining area for the smooth and effective conduct of Yatra, which is the part of the religious affairs connected with the whole pilgrimage of Shri Amarnathji. As a matter of fact the State should leave all matters connected with the Yatra, provision of the infra-structure, performance of the Puja and other welfare matters to the Board and concentrate itself for the security arrangements during the period of Yatra and of course to see that public order is not disturbed. As a matter of fact the State should leave all matters connected with the Yatra, provision of the infra-structure, performance of the Puja and other welfare matters to the Board and concentrate itself for the security arrangements during the period of Yatra and of course to see that public order is not disturbed. The State having enacted The Jammu and Kashmir Shri Amarnathji Shrine Act 2000, and prescribing functions and duties of the Board in exercise of its Regulatory power cannot be permitted to say that it still has all powers which are sovereign in nature to decide about the religious affairs of the Shrine, administration of its affairs and matters connected with it. Article 162 of the Constitution of India provides that the executive powers of the State shall extend to all matters for which it has the legislative powers. There is similar provision under section 5 of the State Constitution which reads as under: "5. Extent of Executive and Legislative Power of the State- The executive and legislative power of the State extends to all matters except those with respect to which Parliament has power to make laws for the State under the Provisions of the Constitution of India." 25. Under these constitutional provisions the State can exercise its authority in respect to all such matters for which it has power to make a law. However, once a law is enacted on any particular subject and a method or mode is prescribed therein for exercise of the State authority either by any limb of the State itself or by any body or authority constituted under law, such authority can be exercised only in the manner and by such power as is vested with powers by law made by the legislature. 26. As in the present case even if it is assumed for the sake of arguments that the State had has the regularity authority, it having conferred that authority by law to the Board, an autonomous body, same can only be exercised by the Board and not by the State or any of its limb/ agencies. If the state also start exercising such an authority or power as has been vested in the Board, the very object of enacting the law is frustrated. If the state also start exercising such an authority or power as has been vested in the Board, the very object of enacting the law is frustrated. The State in the prevailing scenario in the State of Jammu and Kashmir and keeping in view its past experiences and the recommendations of the Committees referred to above decided to vest the power to manage and administer the religious affairs and other connected matters relating to Yatra to the holy Shrine of Shri Amarnathji, in the Board constituted under the Act, it cannot exercise those powers itself that too ignoring the decisions of the Board which is the sole repository of such power of administration/ management of religious affairs as also the matters connected therewith. Any interference by the State in the manner alleged by the petitioner and complained by the Board in its reply is nothing but violation of Articles 25 and 26 of the Constitution of India. It is in this legal back-ground that the State must respect the decisions of the Board which are other-wise within the purview of its powers and duties vested in it under law. 27. Keeping in view the apprehensions expressed by the learned Addl Advocate General on behalf of the State, I believe that some of the matters which need attention of the Board are required to be referred to. 28. As far as the accommodation with pre-fabricated sheds, making provision for sanitation which include the construction of toilets and bath rooms which are said to be environmental friendly, steps to generate electricity are within the exclusive domain of the Board. The Board has also the right to take effective steps for the welfare of the Yatris. It has initiated some steps and evolved methodology for the registration of pilgrims through internet and through Post offices and Banks. The Board has decided to do away with State-wise quota, whereas the State is insisting for State-wise quota for the pilgrims. It has been urged on behalf of the Shrine Board that providing State-wise quota does not seem to be workable method and it would be on first come first serve basis, whereas on behalf of the State it is submitted that State-wise quota was suggested by one of the inquiry committee and with a view to provide equal opportunity to pilgrims from all the States, it is being insisted upon. 29. 29. I have considered the respective contentions of the parties on this. Though in Mukherjee Committee Report, the State-wise quota was suggested and it has been adopted by the State and is being insisted upon, however, I feel that providing State-wise quota does not seem to be workable. It is not question of providing representation to any State. It is purely a question of faith and belief. For example 10,000 yatris are willing to visit the Shrine from State "A" and only 500 are willing from State `B". If the quota for State -A is fixed at 5000 and for the State -B also as 5000, there will not be enough number of persons from State B to visit the Shrine, whereas willing persons from State-A are deprived of their right to visit the Shrine. It will lead to an abnormal situation. On the contrary, if the registration is kept open without fixing any quota for any State and is on first come first serve basis, it will provide opportunity to willing pilgrims to visit the Shrine, irrespective of their number from any particular State. There are hundreds and thousands of Shrines in the country and even the Shrines like Triputi, Shri Mata Vaishno Devi where millions of people visit, no such quota is fixed for any State. How can a quota be fixed and willing believers be asked not to visit the Shrine and un-willing be asked to visit. I feel that the State-wise quota be dispensed with as proposed by the Board and pilgrims from all over the country and even abroad be allowed to visit the Shrine on first-come-first serve basis. 30. As far as the registration is concerned, the Shrine Board has proposed registration through internet, Post offices and Bank Branches, by use of credit cards. In the modern days where the means of communication have become so effective such a system is laudable. As a matter of fact such a system is operating in Mata Vaishno Devi Shrine. But the question arises how many persons have the means, knowledge and resources to seek the registration through this method. It is meant only for effluent members of the Society, but what about the poor, Sadhus and common people, who have no credit cards and even financially and educationally incapable of seeking such an assistance for registration. But the question arises how many persons have the means, knowledge and resources to seek the registration through this method. It is meant only for effluent members of the Society, but what about the poor, Sadhus and common people, who have no credit cards and even financially and educationally incapable of seeking such an assistance for registration. It is a common knowledge that large number of Sadhus visit holy shrine of Shri Amarnath Ji every year. They cannot afford such a mode of registration as some of them even go on foot and take days and months to reach Shrine. They are not even bothered for registration. Therefore in addition to the mode proposed by the Shrine Board of providing advance registration facility through internet, post offices and Banks, there has to be provision for registration at various other places for large section of the people who are not in a position to avail the advance registration through advanced technology. It has been proposed by the Board that they will provide for on spot registration at Vaishnavi Dham, Jammu, Srinagar, Pehalgam and Baltal. I believe that in addition to these places, the registration should also be provided at Delhi, Udhampur, and Anantnag and it should be controlled by Jammu Office at Vaishnavi Dham, where there is adequate infra-structure. While providing registration care has to be taken for limited number of pilgrims from both the routes. 31. Coming to the question of number of pilgrims and duration of yatra, Sengupta Committee had suggested approximately 10000 pilgrims from Chandanwari route divided into three sections with 3000 pilgrims on each section and approximately 2000 pilgrims from Baltal route on any given day. This report was made in the year 1996, when admittedly the condition of the route was miserable and no effort was made to improve the path-ways on both the routes. As a matter of fact Baltal route was so narrow and dangerous that even 2000 pilgrims in that year was a large number than the capacity of the track. However, after the establishment of the Amarnathji Shrine Board there has been considerable improvement of the path on both the routes. Even the Mukherjee committee suggested 1.50 Lakhs pilgrims in 30 days which comes approximately to 5000 pilgrims per day. However, after the establishment of the Amarnathji Shrine Board there has been considerable improvement of the path on both the routes. Even the Mukherjee committee suggested 1.50 Lakhs pilgrims in 30 days which comes approximately to 5000 pilgrims per day. As reported by the Board last year about 4.00 Lakh Yatris visited the holy shrine from both the routes during 45 days of duration and according to this figure approximately 10000 Yatris per day. I believe that this year there is more improvement of the route/track, and communication and keeping in view the improvements, the Board should make a proper assessment of number of Yatris to be allowed on each route per day by dividing them into different sections on the traditional route of Chandanwari. Similarly for Baltal route also they should keep the number of Yatris restricted, keeping in view the capacity of the track. However, the Board should take an objective view based upon its assessment of the improvement of the track. The decision should be communicated to the State Government at least two months before the commencement of the Yatra. The State should not normally interfere with such a decision unless for any valid reason it finds that the number of Yatris proposed by the Board are un-reasonable, with the available infra-structure. In such an event State should make suggestion to the Board. I believe that the State will respect the decision of the Board based upon objective assessment. 32. As far as the duration of the Yatra is concerned two committees also proposed the period of Yatra at least for 30 days and in Mukherjee Committee report, it has suggested a longer duration subject to improvement of infra-structure. The Board has undertaken to improve the infra-structure and there has been improvements in last few years. If the Board feels and takes a conscious decision on objective considerations the period of Yatra should be extended to two months as proposed last year and the State should not object to it. I believe longer duration will decrease the rush on the track. Decision of the Board for the duration of the Yatra based upon its assessment of the improvement of the track and infra-structure should also be conveyed to the State Government at least two months in advance. 33. The Board has its plans to provide Air-conditioning for the preservation of the "Ice Lingam" for a longer duration. Decision of the Board for the duration of the Yatra based upon its assessment of the improvement of the track and infra-structure should also be conveyed to the State Government at least two months in advance. 33. The Board has its plans to provide Air-conditioning for the preservation of the "Ice Lingam" for a longer duration. I do not feel that the State should have any objection to such a proposal. The Board may proceed to implement its decision. 34. In regard to the question of providing Helicopter Service, the Board wants to provide such a service on cheaper rates and claims to have made arrangement for the purpose. On the other hand, it is stated on behalf of the State in its objections that the offer was made to the Board to provide Helicopter service, however, the Board declined for want of necessary infra-structure. Be that as it may now the Board has proposed to provide Helicopter Service at cheaper rates on the pattern of such a service to Shri Mata Vaishno Devi Shrine. It may do so subject to necessary permissions from Civil Aviation and other authorities and if such a proposal is conveyed to the State it should not have any objection to the same. 35. Number of Bhandaras/ Langers to be allowed during Yatra, the Board should be allowed to decide the same. Every Langer/Bhandara or any other religious/charitable organization and others if intends to provide any facilities during the Yatra it must seek permission from the Board on permanent or year-wise basis. The Board may grant such permission on verification of their credentials and on such terms and conditions as may be considered appropriate. Board will also identify the sites and allocate the same to such organizations. Board will also supervise and monitor their functioning and retain the authority to cancel the permission in case of violation of any condition/ stipulation of permission. 36. Since the Board intends to up-grade the infra-structure across the tracks and at the different places, the State shall, immediately permit the user of the land by the Board, if not already allowed to enable it to carry out the developmental activities for the benefit of Yatris. I am informed that Forest Department has already granted permission to the Board for the purpose. Let necessary steps in this regard be taken immediately and considered before the commencement of Yatra this year. I am informed that Forest Department has already granted permission to the Board for the purpose. Let necessary steps in this regard be taken immediately and considered before the commencement of Yatra this year. The Board shall also inform the State of its decision in future so that effective steps are taken by the concerned State authorities for effective implementation of the decision of the Board and no interference is caused by any of the State agencies in implementation of the decision of the Board. 37. State has constitutional obligation to provide security. The State of Jammu and Kashmir and Union of India shall take effective steps to make provision for the adequate and effective security arrangements during the Yatra and will inform the Board accordingly at least one month before the commencement of Yatra. 38. The directions issued hereinabove shall be truly and faithfully implemented by all concerned for the smooth conduct of `Yatra in this year. Petition is disposed of accordingly.