Live Law

2026-04-22 08:30:43.0

  • Sundaram: which is where the question of the essentiality test, I am unable to understand. why? if its a religious practice and with freedom of conscience, which doesn't trample on somebody else's toes, i can follow my religious practice. the moment we say essential religious practice, it becomes a question of fact, and that is left to the courts to decide on an ecclesiastical matter which we say we will not do. it becomes a jury questions, is it essential or is it not?

    at the same time, we say the courts will not enter into ecclesiastical matters. so this concept of essentiality is not relevant. what is relevant is the concept of whether it is in a form of religious worship that is all. Whether its a form is found either in the shastras or through long custom or through long usage, or in a manner in which a group of people want to worship the deity

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