Supreme Court on the Right to Manner of Worship: Navigating the Bounds of Justiciability

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.

This shift has profound implications for the separation of powers and the definition of Indian secularism. By labeling the 'manner of worship' as non-justiciable, the court recognizes a private sphere of faith where the state and judiciary should not interfere, provided these practices do not violate public order, morality, or health. It addresses the long-standing debate on whether the judiciary has overreached by attempting to rationalize religious beliefs that are inherently non-rational or based on ancient tradition.

For governance and policy, this observation reinforces the autonomy of religious denominations to manage their own affairs. However, it also raises questions about how the court will balance this non-justiciability with the need to protect individual fundamental rights if a 'manner of worship' is found to be exclusionary or regressive.