Summarize the following court judgment. Appeal No. 745 of 1963. Appeal from the judgment and order dated February 6	 1961 of the Andhra Pradesh High Court in Writ Appeal No. 71 of 1957. A. V. Viswanatha Sastri	 K. Rajendra Chaudhuri and K. R. Chaudhuri	 for the appellant. 254 R.Ganapathy Iyer and B. R. G. K. A char	 for the respondents. May 8	 1964. The Judgment of the Court was delivered by GAJENDRAGADKAR	 C. J. The appellant Shri Jagadguru Kari Basava Rajendraswami of Gavi Mutt is the Matadhipati of Sri Gavi Mutt which is a religious institution dedicated to the propagation and promotion of the tenets of the Veera Saiva cult of Hinduism. This Mutt is situated at Uravakonda in the district of Anantapur. It appears that on the 6th September	 1939	 the Board of Hindu Religious Endowments constituted under the Madras Act 11 of 1927 (hereinafter called 'the earlier Act ') framed a scheme under section 63 of the said Act for the proper administration of the said Mutt and its endowments. The predecessor in office of the appellant then filed suit No. 21 of 1939 on the file of the District Judge	 Anantapur for getting the said scheme set aside. His suit substantially failed	 because the District Court was persuaded to make only a few minor modifications in the scheme subject to which the scheme was confirmed. That decision was taken in appeal by the predecessor of the appellant to the High Court of Madras (A.S. No. 269 of 1945). During the pendency of the said appeal	 the appellant 's predecessor died	 and the appellant then brought himself on the record as the legal representative of his deceased predecessor. Ultimately	 the appeal was withdrawn and	 therefore	 dismissed. Though a scheme had been formulated by the Board under section 63 of the said Act	 apparently no effective step was taken to take over the actual management of the Mutt and its endowments. The said management continued as before and the fact that an Executive Officer had been appointed under the scheme made no difference to the actual administration of the Mutt. It was on the 5th April	 1952	 that the appellant was served with a memorandum asking him to hand over the charge of all the properties of the Mutt to the Executive Officer. A notice issued by the Executive Officer followed on the 16th April	 1952 by which the ippellant was informed that the Executive 255 Officer would take over possession. Meanwhile	 what is known as the Sirur Mutt case was decided by the Madras High Court and the appellant felt justified in refusing to hand over possession to the Executive Officer on the ground that the scheme under which possession was sought to be taken over from him was invalid inasmuch as it contravened the appellant 's fundamental rights guaranteed by the Consti tution which had come into force from the 26th January	 1950. In 1951	 the Madras Hindu Religious and Charitable Endowments Act XIX of 1951 (hereinafter called 'the latter Act ') repealed and replaced the earlier Act. The appellant moved the Madras High Court on the 28th April	 1952	 by his writ petition and prayed for an appropriate writ quashing the notice served on him by the Executive Officer threatening to take over the administration of the Mutt and its properties under the scheme. This petition was heard by a single Judge of the said High Court and was allowed. The learned Judge took the view that some provisions of the Scheme contravened the appellant 's fundamental rights under article 1 9 (1 ) (f )	 and so	 it could not be enforced. It was no doubt urged before the learned Judge that the appellant 's writ petition should not be entertained because he had a definite adequate alternative remedy under the latter Act	 but this plea was rejected by the learned Judge with the observation that where the fundamental right is clearly infringed	 it is the duty of the Court to interfere in favour of the citizen	 unless there are reasons of policy which make it inexpedient to do so. Accordingly	 the learned Judge directed that the scheme should be quashed. He	 however	 took the precaution to make the observation that his order did not mean that the Government was not free to make a scheme in consonance with he Constitutional rights of the Matadhipati. The respondent	 the Commissioner of Hindu Religious and Charitable Endowments	 who had been impleaded by he appellant to the writ petition along with the Executive Officer	 challenged the correctness of the decision rendered by the learned Judge in the writ petition filed by the appel 256 lant. This appeal succeeded and the Division Bench which heard the said appeal	 held that the scheme having been framed as early as 1939 under the relevant provisions of the earlier Act which was valid when it was enacted	 could ' not be challenged on the ground that some of its provisions contravened the fundamental right guaranteed to the citizens of this country under article 19. Certain other contentions were raised before the appellate Bench by the appellant and they were rejected. It is	 however	 not necessary to refer to the said contentions	 because they have not been argued before us. Having taken the view that the scheme when it was framed was valid	 the appellate Bench reversed the decision of the single Judge	 alowed the respondent 's appeal and directed that the writ petition filed by the appellant should be dismissed. It is against this	 decision of the Division Bench that the appellant has come to this Court with a certificate granted by the said High Court. Before dealing with the points which have been raised before us by Mr. Sastri on behalf of the appellant	 we may briefly indicate the nature of the scheme which has been framed under the relevant provisions of the earlier Act. This scheme opens with the statement that the Board was satisfied that in the interests of the proper administration of the Mutt and all the endowments	 movable and immovable belonging thereto	 a scheme should be settled	 and so	 the Board	 after consulting the Matadhipati of the Mutt and other persons having interest therein	 proceeded to frame the scheme. It was intended that the scheme should come into force on the 6th September	 1939	 when it was framed It appears that either because the Executive Officer did no	 take effective steps to implement the scheme	 or because the predecessor of the appellant filed a suit challenging the scheme	 the scheme in fact has not been implemented till today. When the notice was served on the appellant in 1952 and it looked as if the Executive Officer would take over the administration of the Mutt and its properties	 the present writ proceedings commenced and throughout the protracted period occupied by these proceedings. the status quo has continued. 257 The scheme consists of 15 clauses and	 in substance	 it entrusts the administration of the Mutt and all its endow ments in the hereditary trustee and two non hereditary trustees appointed by the Board. These latter are liable to be removed by the Board for good and sufficient cause and the Board 's order in that behalf has to be final. The Board is authorised to appoint an Executive Officer for the on a salary of Rs. 60/ per month. Such Executive is required to furnish security in the sum of Rs. 5001the satisfaction of the Board. He has to be in charge of the day to day administration of the Mutt and he has to be answerable to the trustees. The trustees are required to meet once	 a month in the premises of the Mutt for discharg ing their duties. They are given the power to inspect the accounts maintained by the Executive Officer and generally 	supervise his work. The Board is also given the power to issue directions from time to time regulating the internal management of the Mutt. It would thus be seen that though the scheme was framed in 1939	 in essential features it is similar to the pattern of schemes which have been subsequently introduced either by legislation or by judicial decisions in respect of the management of public charitable institutions like the present Mutt	 Mr. Sastri does not dispute the fact that the relevant provisions of the earlier Act as well as the scheme framed under them were valid at the relevant time. He	 however	 argues that the earlier Act has been revealed by the latter Act XIX of 1951	 and according to him	 it is necessary to consider whether the present scheme is consistent with the appropriate and relevant provisions of this latter Act. This argument is based on the provisions contained in section 103(d) of the latter Act. This section provides that notwithstanding the repeal of the Madras Hindu Religious Endowments Act No. 11 of 1927	 all schemes settled or modified by a Court of law under the said Act or under section 92 of the Code of Civil Procedure	 1908	 shall be deemed to have been settled or modified by the Court under this Act and shall have effect accordingly. The argument is that though the present scheme was framed under the provisions of the earlier Act. it must now be deemed to be a scheme which 51 S.C. 17 258 has been settled or modified by the Court under this latter Act	 and so	 it is necessary to enquire whether all the pro visions of the scheme are consistent with the material pro visions of the latter Act. If it is found that any of the said provisions are inconsistent with the relevant provisions of the latter Act	 they must be modified so as to make them consistent with the said provisions. In support of this argument	 Mr. Sastri has invited our attention to the observations made by Lord Asquith of Bishopstone in East End Dwellings Co. Ltd. vs Finsbury Borough Council(1) that "if you are bidden to treat an imaginary state of affairs as real	 you must surely	 unless prohibited from doing so	 also imagine as real the consequences and incidents which	 if the putative state of affairs bad in fact existed	 must inevitably have flowed from or accompanied it. " Basing himself on these observations	 Mr. Sastri has urged that if the deeming provision prescribed by section 103 (d) is given its full effect	 there would be no scope for refusing to apply the test for which he contends. We are not impressed by this argument. It is no doubt true that section 103(d) provides that a scheme settled or modified by a Court under the earlier Act shall be deemed to have been settled or modified under &a latter Act; but the effect of this provision merely is to make the schemes in question operative as though they were framed under the provisions of the latter Act; the intention was not to examine the said schemes once again by reference to the relevant provisions of this latter Act and re frame them so as to make them consistent with these provisions. 'This position appears to be clear if we examine other sub clauses of section 103. Section 103(a) which deals with rules made	 notifications or certificates issued	 orders passed	 decisions made	 proceedings or action taken	 schemes settled and things done by the Government	 the Board or its President or by an Assistant Commissioner under the earlier Act	 provides that the said rules	 notifications	 etc. in so far as they are not inconsistent with the latter Act	 shall be deemed to have been made	 issued	 massed	 taken	 settled or done by (1)[1952] A.C. 109 at p. 132. 259 the appropriate authority under the corresponding provisions of this latter Act and shall	 subject to the provisions of clause (b) have effect accordingly. Having thus provided for the continuance of rules	 notifications	 orders	 etc.	 in so far as they are	 not inconsistent with the provisions of the latter Act	 section 103(b) has made provision for the modifications in the said rules. notifications and orders. In other words	 the scheme of section 103(a) & (b) clearly brings out the fact that where the legislature wanted the conti nuance of the action taken under the provisions of the earlier Act only if the said action was consistent with the relevant provisions of the latter Act	 it has so provided. The same type of provision is made by section 103(f)	 (g) and (h). If we examine section 103(d) in the light of these other provisions. it would be clear that the question of the consistency or otherwise of the schemes to which section 103(d) applies	 is treated as irrelevant	 because no reference is made to the said aspect of the schemes. In other words	 the schemes to which section 103(d) applies have to be deemed to be settled or modified under the provisions of the latter Act without examining whether all the provisions of the said schemes are necessarily justified by	 or consistent with. the provisions of this latter Act; and that is why we do not think Mr. Sastri is right in contending that the deeming clause prescribed by section 103(d) necessitates an examination of the said schemes before they are allowed to be continued as though they were settled or modified under the latter Act. This does not	 however	 mean that there is no provision prescribed by the latter Act for the modification of such 	schemes. Section 62(3)(a) specifically provides that any scheme for the administration of a religious institution settled or modified by the Court in a suit under sub section (1) or on an appeal under sub section (2) or any scheme deemed under section 103	 clause (d)	 to have been settled or modified by the Court may	 at any time	 be modified or cancelled by the Court on an application made to it by the Commissioner	 the trustee or any person having interest. This provision clearly brings out the fact that if a scheme governed by section 103 (d) is deemed to have been made or sanctioned tinder the provisions of the latter Act 260 and thus continued	 modifications in it can be effected by adopting the procedure prescribed by section 62(3). It) other words	 a scheme like the present is automatically continued by operation of section 103(d)	 but is liable to be modified if appropriate steps are taken in that behalf under section 62(3 ). Reading section 103(d) and section 62(3) together	 it seems to us that Mr. Sastri 's argument that the consistency of the be examined in writ proceedings	 cannot be entertainment In fact	 unless modifications are made in the scheme unders. 62(3)	 the scheme as a whole	 will be deemed to been made under the latter Act and will be deemed to have valid scheme. That clearly is the purpose of s.we do not think we are called upon to consider the further contentions raised by Mr. Sastri that came of the clause in the scheme are inconsistent with theprovisions of the later Act. There is one more point to which refrence must be made before we part with this appeal. Mr. Sastri contended that though the scheme may have been valid when it was framed	 since 'it was not actually enforced before the 26th January	 1950	 it is 	 open to the appellant to challenge the validity of the scheme oil the ground that it deprives him of his fundamental right under article 19(1)(f) and as such	 invalid. Mr. Sastri concedes that the fundamental rights guaranteed by the Constitution	 are not retrospective in operation; but that	 he say	 		 is no answer to his plea	 because the deprivation of his property rights is taking place for the first time in 1952 and as such	 it is open to the challenge that it is invalid on the ground that it contravenes his fundamental right under article 19 (1) (f). In support of this argument	 Mr. Sastri has relied on certain observations made by Mukherjea J. in the case of R.S. Seth Shanti Sarup vs Union of India and Ors. In that case	 a partnership firm known as Lallamal Hardeodas Cotton Spinning Mill Company of which the petitioner was	 a partner. used to carry on the business of production and supply of cotton yam. When it was found that the Mill (1) A.I.R. 1955 S.C. 624. 261 could be run only at a loss	 it was closed on 19th March	 1949. Thereafter	 on the 21st July	. 1949	 the Government of U.P. passed an Order purporting to exercise its .authority under section 3(f) of the U.P. Industrial Disputes Act	 1947	 by which one of the partners of the firm was appointed as "authorised controller" of the undertaking. The said order directed the said authorised controller tO take over ' possession of the :Mill to the exclusion of the other partners	 and run ' it subject to the general supervision of the District Magistrate	 Aligarh. In 1952	 the Union of India passed an order under section 3(4) of the Essential Supplies (Temporary Powers) Act	 1946	 appointing the same person as an authorised controller	 under the provisions of that section	 and issued a direction to him to run. the said undertaking to the exclusion of all the other Farmers. It was then that the petitioner moved this Court by writ petition under article 32 and challenged the validity of both the orders on the ground that they were illegal and. that they invaded his fundamental right. His plea was upheld and both the impugned orders were quashed. In appreciating the effect of this decision	 it is necessary to bear in mind one crucial fact on which there was no dispute between the parties in that case	 and that fact was that both the. impugned orders did not come with in the purview of	 and were not warranted 'by	 the provisions of/he relevant Acts	 under which they were purported to have been issued. In other words	 it was conceded by the Government that the impugned orders were invalid in law. Even so	 it was urged that though the orders may be invalid	 they cannot be challenged .under article 32 inasmuch as the first invasion of the petitioner 's right was made in 1949 when the Constitutional guarantee was not available to him. repelling this contention	 Mukherjea	 J.	 observed that the order against which the petition Was primarily directed was the order of the Central Government passed in October. and that was a complete and clear answer to the contention raised by the learned Attorney General. Even so	 the learned Judge proceeded to observe that assuming that the deprivation took place in 1949 and at a time when the Constitution had not come into force. the order effect 262 ing the	 deprivation which continued from day to day must be held to have come into conflict with the fundamental. rights of the petitioner as soon as tile Constitution came into force and became void on and from that date under article 13(1) of the Constitution. It is on these observations that Mr. Sastri 's argument is founded. With respect	 we are not prepared to hold that these observations were intended. to lay down an unqualified proposition of law that even if a citizen was deprived of his fundamental rights by a valid scheme framed under a valid law at a time when the Consti tution was not in force	 the mere fact that such a scheme would continue to operate even after the 26th January	 1950	 would expose it th the risk of having to face a challenge under article 19. Ifthe broad and unqualified proposition for which Mr. Sastri contends is accepted as true	 then it would virtually make the material provisions of the Constitution in respect of fundamental rights retrospective in operation. In the present case	 the scheme was framed and the Executive Officer was appointed as early as 1939. If the Executive Officer could not take over the actual administration of the Mutt and its properties	 it was partly because the appellant has continuously challenged the implementation of the scheme by legal proceedings and partly because he has otherwise obstructed the said implementation. But it is clear that when the scheme was framed and a challenge made by the appellant to its validity failed in courts of law. his property rights had been taken away. The fact that the order was not implemented does not make any difference to this legal	 position. If Mr. Sastri 's argument were right	 all such schemes	 though implemented and enforced	 may still be open to challenge on the ground that they contravened the Matadhipati 's fundamental rights under article 19. Such a plea does not appear to have ever been raised and	 in our opinion	 cannot be validly raised for the simple reason that the further damental rights are not retrospective in their operation. The observations on which Mr. Sastri relies must be read in "he light of the relevant fact to which we have just referred. The deprivation of the petitioner 's property rights was brought about by invalid orders and it was in respect of such invalid 263 orders that the Court held that the petitioner was entitled to seek the protection of article 19 and invoke the jurisdic tion of this Court under article 32. In our opinion	 there fore	 there is no substance in the contention that since in the present case	 the scheme has not been completely imple mented till 1952	 we must examine its validity in the light of the fundamental rights guaranteed to the appellant under article 19 of the Constitution. The result is the appeal fails and is dismissed with costs. Appeal dismissed	.

The appellant	 who was a Matadhipati	 moved the High Court for a writ quashing the notice served on him in 1952 by the Executive Officer to band ever to the latter the administration and the properties 253 of the Mutt in enforcement of a scheme framed in 1939 under section 63 of the Madras Act 11 of 1927. The predecessor of the appellant had filed a suit in the District Judge 's Court to set aside that scheme. The suit failed and the scheme was confirmed subject to minor modifications. In 1951 the Madras Hindu Religious and Charitable Endowments Act	 1951	 repealed and replaced the Madras Act 11 of 1927. It was urged on behalf of the appellant in the High Court that the scheme contravened his fundamental rights guaranteed by the Constitution. The single Judge who heard the matter found in his favour and held that the scheme contravened article 19(1)(f) of the Constitution. On appeal by the respondent	 the Division Bench reversed the decision of the Single Judge. The High Court granted certificate to the appellant to appeal to this Court. It was contended that although the scheme was valid as framed tinder the earlier Act	 it incumbent under section 103(d) of the Act of 1951 that the validity of the all the provisions of the scheme must be tested in the light of its provisions. Held:Section 103(d) of the Madras Hindu Religious and Charitable Endowments Act	 1951	 properly construed	 merely meant that earlier schemes framed under Madras Act It of 1927 would be operative as though they were framed under the Act of 1951. It was not intended by the section that those schemes must be examined and reframed in the light of the relevant provisions of the Act. Section 62(3)(a) of the Act which provided for the modification of such schemes made this amply clear. Unless the schemes could be modified under that section they must be deemed to have been validly made under the Act of 1951 and enforced as such. East End Dwellings Co. Ltd. vs Finsbury Borough Council	 	 considered. Although the scheme in question had not been completely implemented before the Constitution	 that was no ground for examining its provision in the light of article 19 of the Constitution. The fundamental rights conferred by the Constitution are not retrospective in operation and the observation made by this Court in Seth Shanti Sarup vs Union of India	 are not applicable to the present case. Seth Shanti Sarup vs Union of India	 A.I.R. 1955 S.C. 624	 explained and distinguished.