AIR 60 · CSE 2023 · GS2 · 54 pages

Abhimanyu Malik: GS2 answer copy

20 answers by Abhimanyu Malik, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 160 words written

Every person has a fundamental right to entertain such religious practices as approved by his/ her conscience. Do you think that 'doctrine of essentiality' restricts this autonomy?

Opening

Article 25 of the Indian Constitution provides for freedom to profess, practice and propagate religion of one's choice. Thus Constitution not only provides freedom of conscience but also right to religious practices in public sphere.

Body

However Supreme Court has put forth 'Doctrine of essentiality' to ascertain which practices are essential and which are not.

Reasonable restrictions can be made with respect to non-essential religious practices. Karnataka High Court has recently upheld the ban on wearing hijab in educational institutions in Karnataka. Supreme Court has also commented that right to practice of religion doesn't include bringing it to schools and colleges which have a defined uniform.

Right to religion though fundamental, but is subject to reasonable restrictions like other fundamental rights. Even with respect to certain aspects of personal laws of Hindus, Government has put regulations in form of Hindu code bill.

Close

Hence Doctrine of essentiality doesn't curb the right to practice of religion rather just puts reasonable restrictions on it.