Essential Religious Practice Test: The Birth Story from Case Laws

Publication Information

Journal Title: International Journal Of Legal Developments And Allied Issues
Author(s): Ajitha Nair L
Published On: 23/05/2022
Volume: 8
Issue: 3
First Page: 40
Last Page: 45
ISSN: 2454-1273
Publisher: The Law Brigade Publisher

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Ajitha Nair L, Essential Religious Practice Test: The Birth Story from Case Laws, Volume 8 Issue 3, International Journal Of Legal Developments And Allied Issues, 40-45, Published on 23/05/2022, Available at https://ijldai.thelawbrigade.com/article/essential-religious-practice-test-the-birth-story-from-case-laws/

Abstract

The theory of secularism in India is very clever. Although initially the practice and prevalence of religious belief were elevated to a state level, disrespect in post-colonial India was not a recurring theme in the historical record of their Western culture. Nationalism in India is very different, considering that it should have incorporated the distinctive religious identity of its people, in addition to the difficulties of many Indian religious communities. In fact, the indifference of the Indians has three aspects: Religion would never play a role in the relations between the State and man the state of non-interference of the State was expected to give equal religious freedom by ensuring that it did not interfere. A person and his or her religious beliefs; Government intervention was to redefine the scope of religion, while State intervention was to give religious organizations freedom from state intervention. The Supreme Court of India came up with an important system for determining the relationship between religion and the Constitution. The doctrine states that when a practice is important in a particular religion, it cannot be monitored or reduced by the Government. This suggestion was the basis for what later changed “the crucial test of religious practice.” The examination left the courts with two alternatives – the first, in which religion itself was determined which, and not the other, important practice, followed by its sacred writings and inscriptions. The second was for the courts to play a role in cultural criticism and to divide the religious spheres of life in India temporarily. “An examination of essential or important religious practices” was conducted by the Supreme Court for the first time in the case of ‘The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt’[i], citing religious freedom. In the Constitution it extended to religious practices and was not limited to religious beliefs, and was subject to limitations under the Constitution.

[i] (1954) SCR 1005

Keywords: Secularism, Religion, Belief, Traditions, Democracy

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