The 1934 constitution does not bind our parishes.
The church holds that the constitution adopted by the Malankara Association in 1934 cannot govern parishes that never accepted it, and that the patriarch's authority in India was never surrendered. Indian courts, up to and including the Supreme Court in 1958, 1995, 2017, 2018 and 2019, have consistently held the opposite. The church has continued to contest it.
The Malankara Association adopted its constitution in 1934, asserting that the church is governed by its own assembly and that the patriarch holds spiritual primacy without administrative power in India. The Jacobite position is that parishes which never joined the Association cannot be bound by its acts, and that the 1912 establishment of the Catholicate by a deposed patriarch was invalid. Indian courts have ruled on the substance five times since 1958 and have gone the other way each time. Successive attempts at settlement — 1958, which produced twelve years of unity, and 1975, which ended it — have failed, and both churches have appealed to the state government to legislate a compromise that neither would accept in the same terms.
The same ground, other faiths
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