Live Law

2026-04-15 07:11:43

  • Singhvi: a. Practices and beliefs of a religious community must be judged by courts purely applying a subjective test and not any external, objective test

    b. Courts cannot and should not re-write practices and tenets of a religion or “rationalize religion” (per Malhotra J., dissenting, in the original Sabarimala judgment, now under review);

    c. Factually established religion and religious practices ought not to be subjected to judicial interpretation (. the Ram Janambhumi Judgment)

    d. These principles harmonise and effectuate the primacy given to “Fraternity” in our constitutional Preamble-least used, least applied-concept of religious must cross-fertilise with faternity

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