Worldly Jurisprudence vs Spiritual Institutions

[suchandra]

Although a pure devotee of the Lord is above mundane legislation and not bound to any law of the material societies, we find that Srila Prabhupada still took deliberate steps to give his spiritual institution some basic conditions, determing factors or you may call it, a general framework of laws that relate to the material world. Laws originating from worldly jurisprudence but meant to protect the ultimate purpose of a spiritual movement what also includes among other things to avoid the scenario of members being exploited/betrayed by corrupt leaders.

The broadcast below says, "stay tuned! Something of great consequence is in the works. Pls wait for a news break soon on www.iskcontoday.org."

 

Sculpture of Justitia

 

 

 

 

ISKCON Constitution - How do we go forward?

 

By Nimai Pandit Das

 

 

29 Jul 2007, Long Island, New York

 

 

We discussed Srila Prabhupada's desire to make a constitution of ISKCON in a couple of previous articles,

Constitution of ISKCON - Part 1 and Constitution of ISKCON - Part 2. There, we showed:

 

1. The definition of "Constitution". A constitution document should cover at least 3 points namely:

 

 

a) Basic Principles of ISKCON

b) Duties and Powers of GBC and Temple Presidents

c) Basic Rights of the Temple Members

 

2) We showed the "Constitution of Association" document, made by Srila Prabhupada in 1966, which gives the basic principles of ISKCON.

3) We showed that "Direction of Management" is the original document and possibly the only one, given by Srila Prabhupada himself, which gives IN WRITING the duties and powers of the GBC and Temple Presidents. It also gives in brief the right of the Temple Members.

4) We showed that Srila Prabhupada was working on and desired that "we must make broader constitution of the management by GBC", and expand on these duties and powers of the GBC and Temple Presidents.

5) Now it is our duty to FIRST:

ACCEPT THESE TWO DOCUMENTS AS THE BASIS OF THE CONSTITUTION OF ISKCON.

AND, SECOND:

EXPAND ON THESE TWO DOCUMENTS, WITH FURTHER DETAILED DESCRIPTION OF THE DUTIES AND POWERS OF THE GBCs & TEMPLE PRESIDNETS, BASED UPON SRILA PRABHUPADA'S INSTRUCTIONS, TO FORM THE FINAL "CONSTITUTION OF ISKCON".

I presume ALL FOLLOWERS OF SRILA PRABHUPADA would accept these TWO documents signed by Srila Prabhupada and counter-signed by his disciples as an unequivocal basis of the constitution of ISKCON.

Unless we hear any argument to NOT accept these documents as the basis of Srila Prabhupada's ISKCON, we need to come to point Second -

How do we proceed now?

How do we take this discussion from another theoretical debate into practical action for serving Srila Prabhupada's desires?

How do we separate the insincere from the sincere?

How do we separate the disciples of Srila Prabhupada from pseudo-disciples who talk big philosophy but do not accept Srila Prabhupada's instructions?

My suggestion is simple.

Srila Prabhupada gave another signed directive on July 22, 1974, entitled:

• "TOPMOST URGENCY
  AMENDMENTS TO BE IMMEDIATELY ADDED TO ALL OFFICIAL REGISTRATION DOCUMENTS, CONSTITUTIONS, INCORPORATION PAPERS, ETC."
  1.) It is declared that His Divine Grace A.C. Bhaktivedanta Swami Prabhupada is the Founder-Acharya of (ISKCON) International Society for Krishna Consciousness. He is the supreme authority in all matters of the society. His position cannot be occupied by anyone else, and his name and title must appear on all documents, letterheads, publications, and buildings of the Society.
  In particular it shall be clearly understood that no real estate may be purchased or sold by any officer of the Society without the express permission of His Divine Grace A.C. Bhaktivedanta Swami Prabhupad, the Founder-Acharya of ISKCON.
  2.) There shall be a Governing Board Committee of trustees appointed by the Founder-Acharya His Divine Grace A.C. Bhaktivedanta Swami Prabhupad according to the document Direction of Management dated July 28, 1970. The GBC is to act as the instrument for the execution of the will of His Divine Grace Srila Prabhupad.
  Dated at New York, July 22, 1974.
  Approved: A.C. Bhaktivedanta Swami
  Founder-Acharya
  Signed: Brahmananda Swami,
  GBC, Zonal Secretary
  Balimardan das Goswami
  GBC, Zonal Secretary

As is clearly stated here, these TWO amendments need to be added to the Temple's Incorporation Documents, registration documents, constitutions etc. IMMEDIATELY. That was on July 22, 1974.

Now my simple suggestion is that we start the process of forming the Constitution of ISKCON by urging our local Temple to adopt this two point amendment to the temple's incorporation papers or similar documents. The Direction of Management document will be attached as reference to the 2nd point.

If a Temple Manager or Trustee/Director is reading this article, then he/she can show ones sincerity as Srila Prabhupada's disciple to adopt THIS 2 point amendment (Plus Direction of Management) to the temple's incorporation papers. All others reading this article need to request the managers to consider adopting this amendment as Srila Prabhupada desired.

One may have to show it to a local Not-for-profit Corporate lawyer and take his help. If the managers give an excuse, please let me know and we will find a legal way according to the local laws to adopt these amendments. To follow the instructions of the spiritual master is the duty of the disciple.

For all those who are interested in forming a constitution of ISKCON and are looking for institutional reform, then this would be a practical first step.

The reason why this step would be the basis of any meaningful discussion on the Constitution of ISKCON, is that unless one accepts in TRUTH-PRACTICALLY, the basis of ISKCON Constitution - The Direction of Management**, the discussion will remain at an insincere level.

Srila Prabhupada gave this directive on July of 1974, 6 months BEFORE he asked Jayatirtha to add the following agenda points to the GBC meetings of March 1975:

• 16 December, 1974
  Los Angeles
  My dear Jayatirtha,
  Please accept my blessings. I am in due receipt of your letter dated Dec. 5, 1974. Regarding the GBC meeting to be held in Mayapur 1975, the meeting should be held five days before the actual festival is to begin and it will be held in my presence. As far as your proposals are concerned, the real thing is that we must make broader constitution of the management by GBC. But the difficulty is that our GBC men are falling victim to maya. Today I trust this GBC and tomorrow he will fall down. That is the difficulty. If the GBC men are so flickering then what to speak of the others. Unless this problem is solved whatever we may resolve it will not be very useful. We shall discuss this at our meeting. If the GBC men can ever manage properly then I shall get some time for writing my books.
  I hope this meets you in good health.
  Your ever well-wisher,
  A.C. Bhaktivedanta Swami

IF there is going to be a meaningful public discussion on the constitution of ISKCON, as there needs to be, one will hear various viewpoints on what was resolved in those meetings. We can discuss that later. But for the sake of discussion at hand, suffice to say that Srila Prabhupada DID NOT RESCIND IN WRITING the Direction of Management document nor the July 22, 1974 Urgent Notice, while pursuing his agenda point- "the real thing is that we must make broader constitution of the management by GBC"- before, during or after the meetings - (Note: To rescind both Direction of Management and the Jul 22, 1974 Urgent Notice, similar written directives by Srila Prabhupada are needed. There have been various court rulings to that effect)

If Srila Prabhupada wanted to discuss the "Broader Constitution" knowing that the DOM and the Notice were in effect, who are we to devise a new methodology for these discussions.

Let us start there.....and we shall soon see success.

Hare Krishna! All Glories to Srila Prabhupada!

 

 

Nimai Pandit Das

President, ISKCON, Inc.

Long Island, NY

 

** For the Constitution of Association Srila Prabhupada did not give a similar directive but of course it will be desired to amend ones incorporation papers likewise to follow Srila Prabhupada.

[Bishadi]

is the property deeded in the ISKCON name or held privately?

 

That is important in the application of law.

 

the Constitution is tough to read but within there is a set of parameters that should set the tone for any actions.

 

From line item

(G) forward the reading is less than legible..... can you share that or a copy of the whole doument that is legible

 

 

as for curing the issues; seems removing the power of the men is best and return the decisions to the creed of the 'intent' of Srila/Godhead, in which the people are what the organization is for; not the business of the leaders

 

Such that a president must represent the people and in doing so comprehend the 'peoples' (the common) requisite which should supercede the ideals of the leaders.

 

Srila, set what is sought; convey knowledge in the eyes of Godhead.

 

If that means removing a section that pursuing business ideals, even with the guise of 'good', the collective is only as good as the worst representing faction.

 

What does a bear do, when one leg is caught in the trap? Chew the leg off. Knows the pain but life continues.