Supreme Court frames 7 Questions on the Fundamental Rights to Religion
The Supreme Court on Monday decided to take up the task of defining the scope and ambit of Right to Freedom of Religion. A nine judges bench headed by
CJI S A Bobde framed seven questions on the Fundamental Rights to Religion and its interplay with the right of every religious denomination to establish and manage religious institutions. Besides CJI S A Bobde the nine judges bench include Justice R.Banumathi, Ashok Bhushan, L Nageshwara Rao, Mohan M Shantanagoudar, S Abdul Nazeer, R Subhash Reddy, BR Gavai and Surya Kant .The Supreme Court will also decide whether a person, not belonging to a religious denomination, can file a PIL questioning the validity of practices of that religion.
The Seven Questions
1.What is the scope and ambit of Right to Freedom of Religion under Article 25 of the Constitution
2.What is the interplay between the rights of persons under Article 25 and rights of religious denominations under Article 26
3.Whether the rights of a religious denomination under Article 26 are subject to other Fundamental Rights apart from public order, morality and health
4.What is the scope and extent of the word ‘morality’ under Article 25 and 26 and whether it is meant to include constitutional morality
5.What is the scope and extent of judicial review with regard to a religious practice as referred under Article 25 of the Constitution
6.What is the meaning of the expression ‘sections of Hindus’ in Article 25 (2)(b)
7.Whether a person not belonging to a religious denomination can file a PIL questioning the validity of customs and practice of that religion
What is Article 25 of Indian Constitution ?
Article 25, while guaranteeing freedom of conscience and free profession, practise and propagation of religion, subject this to “public order, morality and health”. It also allows the government to regulate or restrict by a law the economic, financial, political and other secular activities associated with religious practices. It also allows the government to pass a law to provide social welfare and reform or open public religious institutions belonging to Hindus, Jains, Sikhs and Buddhists to all classes of persons belonging to these religious denominations.
What is Article 26 of Indian Constitution?
Article 26 gives every religious denomination or a section , a right to establish and maintain institutions for religious and charitable purposes, manage its affairs, properties as per the law.
