Live Law

2026-04-15 06:53:03

  • J Bagchi: activity has both flavour of religious and secular aspect, how will the court define that activity? how do we see essential from that angle?

    Singhvi: that is the unfortunate heading mylords have to face sometimes

    J Bagchi: in shirur mutt, i have to purchase sugar to make offerings to god is a secular practice but in what manner- whether it will be religious? J Mukherjee uses the word 'integral' but if let's say sugar is purchased for chartiable activity of that religious institution- it has religious import but predominantly secular. let us say the religious denomination have bus purchased to carrying devotees, then?

    J Nagarathna: whether it is associated with religious practice? without it can the religious go on? but its a secular activity, the state can regulate

    Singhvi: religious v non religious is a better word, the test has to be subjective objective approach. in either event, please eschew the essentionality test. the examples given by J Bagchi, it has to be case to case basis. for ex- ghee-should i purchase it, what quality will please deity? in the purchase of ghee, if you are going to highest seller and you are pocketing the difference and state makes a law then its must be secular.

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