Freedom of Religion & Judiciary

1. Fundamental Rights – Freedom of Religion

Under Article 25 of the Indian Constitution,
citizens are given the right to profess, practice, and propagate religion.

Under Article 26,
religious institutions have the right to manage their own religious affairs.

Textbook concept: Fundamental Rights provide protection to citizens.

2. Limitations of Freedom of Religion

Article 25 is not an absolute right.

It is subject to:
Public Order
Morality
Health
Other Fundamental Rights

3. Role of Judiciary

The Judiciary protects the Constitution and safeguards rights.

Judicial Review
It examines whether laws and practices are consistent with the Constitution.

4. Sabarimala Case (Current Example)

2018 Judgment:
Women of all age groups were allowed entry.
This judgment was based on fundamental rights.

Main debate:
Religion vs Equality

5. Devaswom Board Argument

It was argued that courts should not interfere in matters of religious belief.

Reason:
Religion = belief + tradition
It should be decided by the followers of that religion.

6. Constitutional Issue (Core Issue)

Conflict between two fundamental rights:

Article 25 – Freedom of Religion
Article 14 – Right to Equality (Equality before law)

7. Challenge before the Court

Beliefs of millions of people
on one side,
Protection of fundamental rights

Hence, it is a Complex Constitutional Issue.

8. Important Concept (Exam Point)

Essential Religious Practice Doctrine
The court decides whether a practice is an essential part of religion.

Summary (Key Points)

Article 25 – Freedom of Religion
Article 26 – Rights of religious institutions
Not an absolute right
Judiciary – Intervenes through Judicial Review
Sabarimala – Equality vs Religion conflict
Key Question: Should courts interfere in religion?