Live Law
2026-04-15 06:37:25
Singhvi: mylords have four derogations [public order, morality, health, and other section of this part] by the framers, and if essentiality test is added, there will be five derogation
Evidently, the words ‘essential’ or ‘integral’ are not to be found in Article 25. There is, therefore, no qualification or condition for the nature or significance of the religious practice which is free to be professed, practiced and propagated by all persons.
Thus, all persons have a fundamental right to profess, practice, and propagate all kinds of religious practices, essential or otherwise.
To superimpose or carve out a narrower sub-set of religion as essential practices of religion is therefore untenable.
J Nagarathna: what purpose the test was propounded to say that is protected and nothing else?
Singhvi: slightly lose language used in Dargah which was picked up and taken as doctrine. what they mean is we are entitled to decide whether its religion or not.
