Supreme Court on the Right to Manner of Worship: Navigating the Bounds of Justiciability
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The Supreme Court has observed that a devotee's right to decide the mode and manner of worship is non-justiciable, signaling a potential shift toward judicial restraint in religious matters. This observation re-evaluates the judiciary's role in interpreting 'essential religious practices' under the Indian Constitution.
In a significant observation, the Supreme Court of India recently stated that the right of devotees to determine the mode and manner of worshipping God is prima facie non-justiciable. This development marks a crucial moment in the evolution of India’s secular jurisprudence, particularly concerning the extent to which courts can intervene in religious rituals and traditions.
For decades, the Indian judiciary has employed the 'Essential Religious Practices' (ERP) doctrine, established in the Shirur Mutt case (1954), to determine which aspects of a religion are fundamental and thus protected under Articles 25 and 26 of the Constitution. While this doctrine allowed the courts to strike down practices deemed superstitious or discriminatory (such as in the Sabarimala verdict), it also drew criticism for turning judges into 'theologians' who decide the validity of faith-based traditions. The recent observation suggests a move toward judicial restraint, acknowledging that the 'sacrosanct right' of a devotee to worship in a specific manner may lie outside the scope of judicial scrutiny.
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