Live Law
2026-04-17 05:39:27
Sr Adv MR Venkatesh (Atma Trust): the word religious practice under article 25(2)(b) and religious denomination under article 26(b) are undeterminative and is not capable of being defined.
the word denomination can be traced to word denomitanous in Latin language which allowed the word denomination to be rooted to a particular denomination in Christian and was adopted by Irish Constitution. Huge foreign roots and have limitations in our understanding.
Article 25(2)(a) &(b) have no international precedence and are sui generis and are tailor-made for the Indian Constitution. If there is a definition of denominational temples and certain class falls, what happens to non-denominational temples? Do they have no right? All this becomes a sort of public place equated to a bus stand where anybody can enter and exit.
question I will ask myself what is free, what is freedom of conscience etc? secular state which basically seek to trunket religious freedoms in one way or the other, apart from article 25(1) goes against basic structure doctrine.
