Constitutional morality versus religious customs in India
Source:The Hindu ↗
Why It Matters
The intersection of fundamental rights, religious practices, and constitutional morality is a recurring theme in UPSC Prelims and Mains. Understanding this conflict is crucial for analyzing the judiciary's role in interpreting the Constitution to uphold gender equity and individual dignity against traditional exclusionary practices.
Summary
The article analyzes the legal and ethical tensions between religious faith and constitutional rights, focusing on the broader implications of cases like the Sabarimala temple issue in Kerala. It explores the conflict between the fundamental right to freedom of religion and the rights to equality, non-discrimination, and dignity under the Indian Constitution. The discussion underscores the role of the judiciary in applying the 'essential religious practices' doctrine and the overarching principle of 'constitutional morality' to ensure that customary religious practices do not violate individual fundamental rights, particularly concerning gender justice and women's dignity.
Key Points
- The debate centers on balancing religious freedom (Articles 25 and 26) with individual fundamental rights, particularly the right to equality (Article 14) and the right to life and dignity (Article 21).
- The 'Essential Religious Practices' test is frequently invoked by the judiciary to determine if an exclusionary practice is an integral part of a religion and thus protected by the Constitution.
- The concept of 'Constitutional Morality' asserts that core constitutional values like gender justice and equality must override discriminatory customary or religious practices.
- The conflict highlights the ethical and legal dilemma of respecting age-old traditions and collective faith while upholding the individual dignity and constitutional rights of women.
Important Terms
Constitutional Morality
A judicial principle prioritizing the Constitution’s core values—like equality and dignity—over prevailing social norms or religious customs when they conflict.
UPSC context
GS II: Judiciary/Polity; tests the ability to analyze how the SC balances fundamental rights against traditional religious sentiments.
Essential Religious Practices Doctrine
A legal test established in 1954 to distinguish religious rituals integral to a faith (protected) from secular or superstitious practices (subject to state regulation).
UPSC context
GS II: Secularism; evaluates understanding of the judiciary’s role in defining and regulating religious freedom in a secular state.
Article 25
Constitutional provision granting all persons the right to freedom of conscience and the liberty to profess, practice, and propagate their religion freely.
UPSC context
GS II: Fundamental Rights; critical for questions on the scope and limitations of individual religious freedom in India.
Article 14
A fundamental right ensuring that the State provides every person equality before the law and equal protection of the laws within India's territory.
UPSC context
GS II: Fundamental Rights; the bedrock for analyzing discrimination and the principle of 'like should be treated alike'.
Article 21
Guarantees that no person shall be deprived of their life or personal liberty except according to legal procedure; interpreted by the SC to include 'dignity'.
UPSC context
GS II: Fundamental Rights; frequently tested for its expansive judicial interpretations, including the right to privacy and a dignified life.
Article 26
Grants religious denominations the right to manage their own religious affairs and institutions, provided they adhere to public order, morality, and health.
UPSC context
GS II: Polity; focuses on the collective rights of religious groups versus the individual rights of devotees.
Gender Justice
The legal and social pursuit of equality between genders, particularly by removing discriminatory practices and ensuring women’s rights are protected under the Constitution.
UPSC context
GS I & II: Social Justice/Polity; essential for discussing constitutional remedies for historical gender-based exclusion in religious and social spheres.
Prelims Trap
Both Article 25 and Article 26 are explicitly subject to all other Fundamental Rights.
False. Article 25 is subject to 'other provisions of this Part', but Article 26 is explicitly subject ONLY to public order, morality, and health. This textual difference creates complex judicial clashes.
Static Concepts Connected
What is the 'Essential Religious Practices' doctrine?
- Judicial Origin: Evolved by the Supreme Court in the landmark 1954 Shirur Mutt case.
- Core Protection: Used to determine which practices are integral and core to a religion, and thus protected under Article 25 and 26.
- State Intervention: Allows the state to regulate or restrict non-essential, purely secular, or discriminatory activities associated with religious practice.
How are Freedom of Religion rights structurally restricted in the Constitution?
- Individual (Article 25): Subject to public order, morality, health, AND other provisions of Part III (like Articles 14, 15, and 21).
- Denomination (Article 26): Subject only to public order, morality, and health, lacking the explicit subjection to other Fundamental Rights.
- Social Reform Exception: Empowers the State to intervene in religious affairs to enact laws for social welfare, reform, and opening Hindu public institutions to all classes.
Cross-Topic Patterns
UCC and Gender Justice
The clash between constitutional morality and customary religious practice directly mirrors the Uniform Civil Code (UCC) debate, where personal laws are scrutinized for gender discrimination.
ERP Test as Judicial Overreach
Critics argue the Essential Religious Practices test turns judges into theologians. This is frequently cited in Mains answers regarding the blurry line between judicial activism and judicial overreach.
Expect a multi-statement question on the exact textual restrictions of Art 25 vs Art 26, tied to the ERP doctrine and Sabarimala review.
Linked PYQs · 4
Linked PYQs · 4
- 2021MainsGS2
‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.
- 2023MainsGS2
Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.
- 2025MainsGS2
"Constitutional morality is the fulcrum which acts as an essential check upon the high functionaries and citizens alike...." In view of the above observation of the Supreme Court, explain the concept of constitutional morality and its application to ensure balance between judicial independence and judicial accountability in India.
- 2020PrelimsGS1
Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?
