Major Archbishop of the Syro-Malabar Church George Alencherry on Wednesday submitted before the Kerala HighCourt that the decisions taken by the Church synod and approved by the Pope in religiousmatters such as unified Masscannot be subject to negotiation or mediation.
The submission was made in an affidavit filed in response to a writ petition seeking a directive to the State government to intervene in a dispute over the introduction of unified Mass in the Church.
The cardinal pointed out thathe had no objection to any action taken by the government to maintain law and order in the Church. However, on the pretext of solving the law and order problem, the decisions taken by the synod and approved by the Pope in religious matters could not be made subject of negotiation or mediation. In the matter of rituals, even the jurisdiction of a civil court was barred under Section 9 of the Code of Civil Procedure, 1908.
The affidavit added that theliturgy and religious ceremonies, in connection with the holy Mass, were exclusively within the domain of the competent spiritual hierarchy of the Syro-Malabar Church. The Synod of Bishops had taken a decision in the matter.
Legislative competence
The essential religious practices of a particular religious denomination should be left to the denomination itself to decide. The executive power of the State did not extend beyond the legislative competence of the State. Besides, the High Court could not compel the State or its Chief Secretary to initiate a mediation process in a dispute relating to religious matters.
He pointed out that the decision of the synod on the celebration of the holy Mass was implemented in 34 of the 35 dioceses. The decision could not be implemented in some parishes under the Archdiocese of Ernakulam-Angamaly due to the organised opposition from some groups of priests and lay people.
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