Live Law

2026-05-13 09:00:46

  • Mehta: While examining any issues concerning religious freedom, the Court will not enter into the question as to whether the religious practice is ‘essential’ or ‘integral’ to the religion. If it is a religious practice and not proscribed by being against public order, health, morality or fundamental rights, the citizens, as well as denominations, will have a fundamental right to practice it.

    mylords are dealing with religious and those saying it violates article 14, it may not be possible. the scrutiny would not be constitutional understanding but from the perspective of those who follow the religion. constitutional morality is not a test for deciding. it was never intended for striking down.

    The judicial review in such matters would be minimalistic and restrictive. The alleged arbitrariness or irrationality, as per religious faith and belief, cann't be tested on the touchstone of arbitrariness or unreasonableness, as constitutionally understood under Article 14 of the Constitution.

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