An Analysis Of The Evolution Of Doctrine Of Essential Religious Practise And The Role Of The Judiciary
Baggio Benny, School of Law, CHRIST (Deemed to be) University, Bangalore, Karnataka
Introduction
The freedom to freely practise and profess religion is an integral human right.1 India has been a secular country with a very diverse population containing Hindus, Muslims, Sikhs, Christians among others. The Constitution of India grants its citizens the right to freely practise and profess religion.2 The Preamble of the Constitution of India declares itself a secular republic. The Constitution requires the state to have equal respect towards all religions and equality of all religions in terms of policy. The Supreme Court in the case of S.R Bommai vs. Union of India (AIR 1994 SC 1918) has held that the State would be neutral to all religions and would not patronise any one.3 The Supreme Court of India in various landmark judgements have essential decided what secularism is and how secularism is interpreted.
Religious freedom is enshrined in Article 25 of the Indian Constitution, albeit with certain restrictions. It grants all citizens and aliens, the freedom to practice, profess and propagate one’s religion but are restricted to restrictions if the practice of religion goes against public order, morality and health.4 This article has also granted the state the power to restrict economic, political, financial and secular activities conducted by any religious organisation or which may be associated with a religious practise.
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