Essential practice doctrine

Context

• Unlike western countries, the Indian constitution combines freedom of religion clauses with a mandate to the state to intervene in religious affairs.

Article 25 of the Constitution

• Article 25 provides that subject to public order, health, and morality and other provisions of fundamental rights every person has freedom of conscience and right to freely profess, practise, and propagate religion.
• However, second clause provides two exceptions to this generality
  • State can regulate any secular activity which is associated with such religious practice.
  • State can take measures to throw open Hindu religious institutions of public character to all classes and sections of Hindus.
• With the above constitutional provision in place, the Supreme Court had to face the difficult task of:
  • Determining which elements are fundamental for a religious practice and which may be purged, considered as mere superstition, by the intervention of the State without infringing the principle of State neutrality in religious affairs.

What is ‘essential practice’ doctrine?

• The doctrine of “essentiality” was invented by a seven-judge Bench of the Supreme Court in the ‘Shirur Mutt’ case in 1954.
• The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion
• The ‘essential practices’ doctrine has helped the Indian Supreme Court decide which religious practices are eligible for constitutional protection.
• The doctrine initially implied complete autonomy to religious denominations to decide which religious practices were essential for them. However, since 1958, it is the court which decides.
• The ‘essentiality doctrine’ of the Supreme Court has been criticised by several constitutional experts who have argued that the essentiality/integrality doctrine has tended to lead the court into an area that is beyond its competence, and given judges the power to decide purely religious questions.

PRELIMS QUESTION

” Essential practices” doctrine often seen in news is related to:
(a)Taxation of Large Digital companies
(b)Regulation of Religious practices in India
(c)Drafting of International Trade agreements
(d)Protection of Wetlands of India

Answer to Prelims Question