SUPREME COURT’S DOCTRINE OF ESSENTIALITY

Nov. 15, 2019

The Supreme Court’s decision to refer the Sabarimala temple case to a larger 7-judge Bench will also re-evaluate the “essential religious practice test”, a contentious doctrine evolved by the court to protect only such religious practices which were essential and integral to the religion.

About:

  • The doctrine of “essentiality” was invented by a seven-judge Bench of the Supreme Court in the ‘Shirur Mutt’ case in 1954.

  • The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion.