GS2 · 10 marks · 150 words

Discuss the role of the judiciary in navigating the tension between the right to religion and constitutional morality in India in recent times. Refer to relevant case laws.

Answered by 10 toppers · CSE 2022–2025

Syllabus: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

How toppers approached it

From 9 of the 10 answers · about 180 words · 22% drew a diagram.

Opening

  • No separate opening44%
  • A constitutional or legal provision33%
  • A definition22%

Body

  • Points78%
  • Points and prose22%

Close

  • A summary56%
  • No separate close22%
  • A way forward22%

The toppers’ answers

Raghav JhunjhunwalaAIR 4 · CSE 2025 · 199 wordsTheir whole copy

Opening

India being a multicultural & multi-religious society, often finds itself at loggerheads between Right to Religion (Art 25-28) and overall tenets of C morality like liberty, equity, etc.

| Tension b/w Right to Religion & C.M |

Body · points and prose

(1) Changes in social values, beliefs & Ethics over a period of time often leads to some practices of Religion to be seen at loggerheads with each other. (which wasn't in past) Ex) Jallikattu

(2) Even constitution itself allows state to impose reasonable restrictions upon the Rights, based on morality, Health & public order. Ex) Jain's Santhara

| Role of Judiciary |

(1) Essential Practices / Acts Doctrine ↳ SC argued (Shirur Mutt, 1954 judgment) that only such religious practices would be allowed which are critical to a religion (in case of conflict with FR)

(2) Sabrimala Case ↳ court held that liberty, equality and restrictions mentioned under Art. 25 itself carry significant weightage.

(3) Triple talak Case ↳ Practices derogatory to women shouldn't hurt the basic pursuit of Religion.

| Issues | →

  • Is judiciary competent enough to decide ERP?
  • Non-consistency (Ex: madras HC allowing 'Angapradakshinam' Act)

Close

Thus, there needs to be very critical balancing between seemingly opposite topics.

More on Constitution and Basic Structure

Historical underpinnings, evolution, salient features, amendments and the basic structure doctrine.

All GS2 questions on Constitution and Basic Structure