(General Studies II – Polity Section – Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
– Structure, Organization and Functioning of the Executive and the Judiciary—Ministries and Departments of the Government; Pressure Groups and Formal/Informal Associations and their Role in the Polity.)
- Religion often involves cultural beliefs, worldviews, texts, prophecies and morals that have spiritual meaning to members of the particular faith.
- Religious Practices are a range of practices including sermons, rituals, prayer, meditation, holy places, symbols.
- Whereas Spiritual Orientations can be defined as a search for truth that involves a process of transformation.
- At times religious Practices are loggerheads with judicial definitions of essential practice doctrine under fundamental rights in multicultural societies.
What are Essential Practices?
- The doctrine of “essentiality” was invented by a seven-judge Bench of the Supreme Court in the ‘Shirur Mutt’ case in 1954. The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion.
- The doctrine of essential religious practice determines which religious practices would be protected under Articles 25 and 26 of the Constitution.
- Dr. B.R Ambedkar’s speech in the Constituent Assembly stated that The State should be allowed to intervene in matters that touch upon religion or are connected with it but are not intrinsically religious, to differentiate between what was secular from what was religious.
- It is essential to differentiate the practices which help us to transform spitually and the superstitious practices.
Evolution of Essential Practices Doctrine –
- Shri Shirur Mutt Case, 1954: Supreme Court held that the term “religion” will cover all rituals and practices “integral” to a religion. Article 25(2)(a) allows regulation of the economic, political, or commercial activities which are associated with religious practices.
- Mohd. Hanif Quarashi & Others vs The State Of Bihar, 1958 The apex court held that the sacrifice of a cow on the occasion of Eid was not an essential religious practice for Muslims.
- Dr. M. Ismail Faruqui Etc, Mohd. V Union of India And Others, 1994 The court decided on the question of whether praying at the mosque is an essential Islamic practice and held that while offering prayers is an essential practice, the offering of such prayers at the mosque is not and namaz (prayer) by Muslims can be offered anywhere.
Shayara Bano v Union of India, 2017 (Triple Talaq case) The Supreme Court rejected the argument that Triple Talaq was an essential practice under Quran.
Issues with Essential Practices Doctrine –
- Courts have assumed grave power to decide whether a practice that was religious in nature was also “essential” to that religion. The Courts become “ecclesiastical authorities” which was never intended.
- Courts infringe on the autonomy of religious groups to decide what they consider inviolate. This leads to the erosion of Freedom of religion.
- It also prevents social reforms which happen organically in society as once a court holds a practice as essential to the religion, no law can be passed to change it.
- Justice Indu Malhotra, in the dissenting opinion in the Sabarimala case, added that “What constitutes essential religious practice is for the religious community to decide, not for the court” and “Present judgment won’t be limited to Sabarimala, it will have wide ramifications. Issues of deep religious sentiments shouldn’t be ordinarily interfered into.”
There is no clarity in the Constitution regarding what forms part of essential religious practices and the Courts have become the sole authority to decide on this question. Lack of certainty leads to chaos many times. The Judges should not become clergy to decide upon religious doctrines. If the essential practices that are in dissonance with constitutional ethos and values should not be allowed. It is not religious morality but constitutional morality should govern us.
