Category: Articles 25-28: Right To Freedom Of Religion:

ISSUE:

Whether the Swami of Shirur Math had a right to property under Article 19(1) (f) of the Constitution?

Whether this ‘person’ mentioned in article 25 which grants freedom of religion to every person, meant only individuals or included corporate bodies as well?

Whether Shirur Math and its followers could be considered as a ‘religious denomination or any section thereof’ to attract protection of their rights under Article 26?

What constituted ‘matters of religion’ so as to prohibit the Government from interfering with the Swami’s functions?

RULE:

Article 19, 25, 26, and, 27 of The Constitution Of India.

ISSUE:

Was the Act within the legislative competence of the Legislature of the Province of Bombay?

Whether after the coming into force of the Constitution, the Act was invalid in view of Articles. 25 and 26 of the Constitution?

RULE:

Article 25 in The Constitution Of India 1949

Article 26 in The Constitution Of India 1949

ISSUE:

Whether opening the post of Archaka to all Hindus irrespective not only of caste but also of denomination 5, could be reconciled with both the essential religious practices of the Hindu’s enshrined in the Agamas and the Constitutional provisions governing the same?

Whether while appointing an Archaka the trustee was to be bound the requirement of the Agamas of belonging to a specific religious denomination?

RULE:

Article 25 in The Constitution Of India 1949.

Article 26 in The Constitution Of India 1949.

Article 25(2)(a).

ISSUE:

Whether the appointment of the third respondent who was not a Malayala Brahmin, as “Santhikaran” or Poojari (priest) of the Temple in question violated the constitutional and statutory rights of the appellant secured under Article 25 and 26 of the Constitution?

RULE:

Article 25 in The Constitution Of India 1949.

Article 26 in The Constitution Of India 1949.

ISSUE:

Whether ananda Marga is a religion or denomination?

Whether tandava dance forms part of essential religious practice of Ananda Marga belief?

Whether prohibitory orders issued were valid?

RULE:

Article 25 in The Constitution Of India 1949

Article 26 in The Constitution Of India 1949

ISSUE:

Whether the expulsion of three children from school for their refusal to sing the national anthem of India was consistent with the constitutional rights to freedom of expression and freedom of religion?

RULE:

The right of free speech and expression also includes the right to remain silent and that standing for the national anthem showed proper respect. The Court ordered the school authorities to readmit the children.

ISSUE:

Whether the two Acts were violative of Article 25(1), and (2)?

Whether the State Legislatures were competent to enact them?

RULE:

The judgment proceeds on two basic postulates, namely, that the right to convert another person is not part of freedom of conscience guaranteed by Article 25(1) and that forcible conversions result in the disturbance of public order.

ISSUE:

The constitutional Validity of the Acquisition of Certain Area at Ayodhya Act, 1993.

Does Article 25, only protect belief and practices of particular significance of a faith or all practices regarded by the faith as essential?

RULE:

While offer of prayer or worship is a religious practice, its offering at every location where such prayers can be offered would not be a essential or integral part of such religious practice unless the place has a particular significance for that religion so as to form an essential or integral part thereof.

ISSUE:

Whether the practice of talaq-e-biddat is an essential practice of Islam?

Whether the practice of triple talaq violates any fundamental rights?

RULE:

The court held that the meaning of essential religious practices are those based on which the religion finds its base. Only such practices can be protected under Article 25 of the Constitution.

ISSUE:

Whether this restriction imposed by the temple authorities violates Articles 15, 25 and 26 of the Indian Constitution?

Whether this restriction violates the provisions of Kerala Hindu Place of Public Worship Act, 1965?

Whether the Sabarimala Temple has a denominational character?

RULE:

The right to practise religion under Article 25(1), in its broad contour, encompasses a non-discriminatory right which is equally available to both men and women of all age groups professing the same religion.