THREADBrowse · 7 entries, read in order

Religion and the courts

Who decides what a religion requires, and how far the Constitution reaches into personal law.

01
Encyclopedia · Doctrine
Essential Religious Practices
The test that decides which religious practices Article 25 protects, how courts came to decide questions of theology, and the criticism of it.
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02
Review · Fault Line
Who Decides What Is Essential to a Religion?
The split between judges who test essentiality themselves and those who defer to the community, now before a larger bench.
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03
Review · Dissent
Indu Malhotra J. in Sabarimala
The dissent that courts should not test religious practice for rationality, and the review reference that followed.
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04
Review · Dissent
Nariman and Chandrachud JJ. in the Sabarimala Review
Three judges kept the review pending and referred wider questions; two held that no ground for review was shown.
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05
Review · Dissent
The Split Bench on the Hijab
One judge tested the practice for essentiality; the other asked only whether a girl’s choice and schooling were protected.
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06
Review · Fault Line
Is Personal Law "Law" under Article 13?
Narasu Appa Mali has never been overruled, yet courts test personal law against Part III. The unresolved disagreement.
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07
Review · Fault Line
State Laws against Religious Conversion
A 1977 ruling upheld laws against forced conversion; newer laws that require notice and cover marriage are under challenge.
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