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ARTICLES 14 vs 25, 26

Why in news?

Supreme Court was reviewing the petition on nature of religious freedom under constitution.

What did SC tell?

  • Chief Justice of India has clarified that the Court will not be deciding the petitions seeking a review of the verdict in the Sabarimala temple case.
  • It would limit itself to “larger questions” such as the interplay between freedom of religion and other fundamental rights; and the extent to which courts can probe whether a particular practice is essential to that religion or not.
  • At the same time, he has said, “We will decide questions of law on women’s entry into mosques/temples, genital mutilation among Dawoodi Bohras, entry of Parsi women who marry outside the community into the fire temple
  • SC might revisit the 1954 seven ­judge Bench decision in the Shirur Mutt case, which held that religious denominations had the autonomy to decide what religious practices were essential to them.
April 2024