Live Law

2026-04-22 06:02:04.0

  • Subramanium: it is clear that the framers were aware of the administration of endowments, they preferred. and they were also clear that they want article 25 to be an article of a universe giving absolute maximum freedom subject to public order, morality and health. At the same time in order to see that the right of practice and propogation, you needed a denomination and it must have an ability to acquire property. And it must also be able to establish and maintain an institution.

    Article 26 is simply not about management.the concept of management, maintaining and establishment an institutuon and also regulating affairs in matters of religion come under article 26(b). I am urging that nothing is non-justiciable, the only area of non-justiciability is the devotee's faith in a certain philosophy or towards a certain deity. it is completely different from a secular scrutiny. so if we stay within the constitutional boundaries of articles 25 and 26, then I say, mylords are not precluded in any way or by any manner to inquire and determine what is the religion, what are its basic tenets, and how is this religious faith asserted.

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