Test of Essential Religious Practices - Shirur Mutt case
Posted on : 23 Jan 2020Views: 1879
- Recently, while reviewing the Sabarimala case, the Supreme Court held that larger issues pertaining to the Essential Religious Practices Test, interplay between Articles 25 and 26 on one hand and Article 14 on the other and the conflict between the judgments in the Shirur Mutt case and Durgah Committee case should be decided by a larger (7-Judges) Bench.
- The test of Essential Religious Practices was first laid forth by the Supreme Court in 1954 in “The Commissioner, Hindu Religious Endowments, Madras vs. ShriLakshmindarTirthaSwamiyar of ShriShirur Mutt” case or, theShirur Mutt case.
- A 7-Judge Bench of the Supreme Court held that what constitutes the essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself.
- The court held that “religion” in Article 25 covers all rituals and practices that are “integral” or “essential” to a religion, but the litigants have to prove these essential features.
Article Related Questions
The Supreme Court of India laid the “Test of Essential Religious Practices” for the first time in which of the following cases?
1.Kesavananda Bharati case
2.Durgah Committee case
3.Shirur Mutt case
Right Ans : Shirur Mutt case