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Essential Religious Practice Doctrine: SC Evolves Judicial Tests from Shirur Mutt (1954) to Shayara Bano (2017) Under Article 25 & 26

PolityCORE
Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
06 May 2026
~2 min
Source: Indian Express
Key Data:195419581961196220042017
Bodies:Supreme Court
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What This Article Covers

1.The Essential Religious Practice (ERP) doctrine is a judicial standard to determine which religious practices are protected under Articles 25 and 26 of the Constitution.

2.Key evolution: From 'complete autonomy' for denominations in Shirur Mutt (1954) to the court's firm role in determining essentiality in Sri Venkataramana Devaru (1958) and later tests like whether absence of a practice would 'fundamentally alter the character' of the religion.

3.Examiners focus on landmark judgments (Shayara Bano, Durgah Committee), the limitations under Article 25(1), and the contentious role of the judiciary as a theological arbiter.

The Big Picture
Prelims · HighMains · High

The Supreme Court's evolving doctrine of Essential Religious Practices (ERP) determines which religious customs receive constitutional protection under Articles 25 and 26. Through landmark cases, the judiciary has established itself as the arbiter, distinguishing essential practices from 'superstitious beliefs' and setting the scope for state intervention on grounds of public order, morality, and health. This is a critical area for understanding the delicate balance between religious freedom and constitutional governance.

Exam Lens

Quick Exam Facts From News

Landmark ERP CaseCommissioner, Hindu Religious Endowments, Madras v Sri Lakshmindra Thirtha Swamiar of Shirur Mutt (1954)
Test for ERP (2004 Case)Whether absence of practice would fundamentally alter religion's character
Article for Religious FreedomArticle 25 & 26
Limitations on Article 25(1)Public order, morality, and health

1-Minute Revision

  • ›Landmark ERP Case: Commissioner, Hindu Religious Endowments, Madras v Sri Lakshmindra Thirtha Swamiar of Shirur Mutt (1954)
  • ›Test for ERP (2004 Case): Whether absence of practice would fundamentally alter religion's character
  • ›Target this Legal Point: Articles 25 and 26 of the Constitution.
  • ›Target this Landmark Case: Commissioner, Hindu Religious Endowments, Madras v Sri Lakshmindra Thirtha Swamiar of Shirur Mutt (1954).
  • ›Target this Judicial Test: 'Whether the absence of a practice would fundamentally alter the character of that religion' from the 2004 Acharya Jagadishwarananda case.

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Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Under which Articles of the Constitution is the doctrine of Essential Religious Practices primarily analyzed for protection?

Q2Statement-basedHard

Consider the following statements regarding the Essential Religious Practices doctrine:

1. It was first formulated in the case of Sri Venkataramana Devaru v. State of Mysore (1958).

2. The doctrine grants religious denominations 'complete autonomy' to decide their essential practices.

3. In the Shayara Bano case (2017), the Supreme Court held that triple talaq was not an essential practice of Islam.

Which of the statements given above is/are correct?

Q3Data-centricMedium

The limitation of 'morality' on religious freedom under Article 25(1) was discussed in the Constituent Assembly debates on which date, as mentioned in the article?

Q4Application/ImpactMedium

What is a primary concern raised in the article regarding the judiciary's application of the Essential Religious Practices doctrine?

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