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Passage: Article 25 guarantees the right to “profess, practice and propagate religion‟, but also permits the State to regulate „economic, financial, political or other secular activity associated with religious practice‟, as well as provide for „social welfare and reform‟ of Hindu religious institutions. Article 26 guarantees religious denominations, among other things, freedom to manage their religious affairs. However, the protection is extended only to the practices considered essential to the religion. The State can still restrict the right on the grounds of public order, health and morality.
Litigation around these two Articles has broadly centred on two issues. The first is the distinction between the religious and secular, particularly in the case of Hinduism. The Court has dealt with this by bringing into play an „essential practices‟ test to decide what is essential to Hinduism and used it to distinguish between the sacred and the secular. The Court’s intervention to decide what is religious and what is not in a secular, constitutional culture is hardly peculiar to India. As Pratap Bhanu Mehta points out, in most constitutional settings courts „have to determine whether or not a policy places a substantial burden on the free exercise of religion. This might require the court to have not just a definition of religion but also to determine whether a particular practice counts as falling under that definition. What is unusual, however, is the Indian Supreme Court’s activism in fashioning religion in the way the State or the judges would likeit to be, rather than accept religion as practised by believers. The courts have upheld several practices as essential, but not along with the added elements and their outgrowths. (Ronojoy Sen, Secularism and Religious Freedom).
Q. A particular temple in Maharashtra played religious songs all night on loudspeakers for thirteen days in a row, citing the beginning of Navratri. This was an auspicious period, during which it was necessary for the people of the religion to pray to the deity all night through music. An aggrieved resident of the nearby society filed a case against temples using speakers at odd hours. The followers of the religion argued that this practice is integral for them. The Court will decide –
  • a)
    In favor of the aggrieved resident as playing religious songs may be essential, but playing songs through speakers or through a certain mode cannot be an essential practice.
  • b)
    In favor of the temple as the freedom to practice religion includes freedom to practice it in any way.
  • c)
    In favor of the aggrieved resident as the loudspeakers create a racket and that is against public interest.
  • d)
    In favor of the temple as no public interest is violated.
Correct answer is option 'A'. Can you explain this answer?
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Passage: Article 25 guarantees the right to “profess, practice a...
such kind of religious activities cannot be permitted to be performed at the cost of causing discomfort to the person like public order, health and morality, howsoever, attached the followers may be towards such ceremonies. 
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Article 25 of the Constitution guarantees freedom of religion to all persons in India. It provides that all persons in India, subject to public order, morality, health, and other provisions: Are equally entitled to freedom of conscience, and have the right to freely profess, practice and propagate religion. It further provides that this article shall not affect any existing law and shall not prevent the state from making any law relating to: Regulation or restriction of any economic, financial, political, or any secular activity associated with religious practice, providing social welfare and reform, opening of Hindu religious institutions of public character for all the classes and sections of the Hindus. In Hasan Ali v. Mansoor Ali, the Bombay High Court held that Articles 25 and Article 26 not only prevents doctrines or beliefs of religion but also the acts done in pursuance of religion. It thus guarantees ceremonies, modes of worship, rituals, observances, etc. which are an integral part of religion. What is the essential or integral part of a religion has to be determined in the light of the doctrines and practices that are regarded by the community as a part of their religion and also must be included in them. The Supreme Court in In re Noise pollution case, has given certain directions to be followed to control noise pollution in the name of religion: Firecrackers: A complete ban on sound-emitting firecrackers from 10 pm to 6 am. Loudspeakers: Restriction on the beating of drums, tom-tom, blowing of trumpets, or any use of any sound amplifier between 10 pm to 6 am except in public emergencies. Generally: A provision shall be made by the State to confiscate and seize loudspeakers and such other sound amplifiers or equipment that create noise beyond the limit prescribed.Article 26 (subject to public order, morality, and health) confers a right on every religious denomination or any section of such religious denomination of: Establishing and maintaining institutions for religious and charitable purposes, managing its affair with regard to religion, owing and acquiring property (movable and immovabl e) and administering the property in accordance with the law.During diwali, everyone was burning crackers. Mahesh wanted to file a complaint against the neighbours for disturbing him. The neighbours are of the view that it is their right to religion. Does burning firecrackers come under the right to religion?

Article 25 of the Constitution guarantees freedom of religion to all persons in India. It provides that all persons in India, subject to public order, morality, health, and other provisions: Are equally entitled to freedom of conscience, and have the right to freely profess, practice and propagate religion. It further provides that this article shall not affect any existing law and shall not prevent the state from making any law relating to: Regulation or restriction of any economic, financial, political, or any secular activity associated with religious practice, providing social welfare and reform, opening of Hindu religious institutions of public character for all the classes and sections of the Hindus. In Hasan Ali v. Mansoor Ali, the Bombay High Court held that Articles 25 and Article 26 not only prevents doctrines or beliefs of religion but also the acts done in pursuance of religion. It thus guarantees ceremonies, modes of worship, rituals, observances, etc. which are an integral part of religion. What is the essential or integral part of a religion has to be determined in the light of the doctrines and practices that are regarded by the community as a part of their religion and also must be included in them. The Supreme Court in In re Noise pollution case, has given certain directions to be followed to control noise pollution in the name of religion: Firecrackers: A complete ban on sound-emitting firecrackers from 10 pm to 6 am. Loudspeakers: Restriction on the beating of drums, tom-tom, blowing of trumpets, or any use of any sound amplifier between 10 pm to 6 am except in public emergencies. Generally: A provision shall be made by the State to confiscate and seize loudspeakers and such other sound amplifiers or equipment that create noise beyond the limit prescribed.Article 26 (subject to public order, morality, and health) confers a right on every religious denomination or any section of such religious denomination of: Establishing and maintaining institutions for religious and charitable purposes, managing its affair with regard to religion, owing and acquiring property (movable and immovabl e) and administering the property in accordance with the law.In a particular community in India, it was mandatory for one person to give his/her life on a festival. The government passed a legislation to ban this custom. Has the government breached the right to religion?

Article 25 of the Constitution guarantees freedom of religion to all persons in India. It provides that all persons in India, subject to public order, morality, health, and other provisions: Are equally entitled to freedom of conscience, and have the right to freely profess, practice and propagate religion. It further provides that this article shall not affect any existing law and shall not prevent the state from making any law relating to: Regulation or restriction of any economic, financial, political, or any secular activity associated with religious practice, providing social welfare and reform, opening of Hindu religious institutions of public character for all the classes and sections of the Hindus. In Hasan Ali v. Mansoor Ali, the Bombay High Court held that Articles 25 and Article 26 not only prevents doctrines or beliefs of religion but also the acts done in pursuance of religion. It thus guarantees ceremonies, modes of worship, rituals, observances, etc. which are an integral part of religion. What is the essential or integral part of a religion has to be determined in the light of the doctrines and practices that are regarded by the community as a part of their religion and also must be included in them. The Supreme Court in In re Noise pollution case, has given certain directions to be followed to control noise pollution in the name of religion: Firecrackers: A complete ban on sound-emitting firecrackers from 10 pm to 6 am. Loudspeakers: Restriction on the beating of drums, tom-tom, blowing of trumpets, or any use of any sound amplifier between 10 pm to 6 am except in public emergencies. Generally: A provision shall be made by the State to confiscate and seize loudspeakers and such other sound amplifiers or equipment that create noise beyond the limit prescribed.Article 26 (subject to public order, morality, and health) confers a right on every religious denomination or any section of such religious denomination of: Establishing and maintaining institutions for religious and charitable purposes, managing its affair with regard to religion, owing and acquiring property (movable and immovabl e) and administering the property in accordance with the law.Gaurav wanted to start a charitable institute to pay all the priests performing prayers in the temples of his community. Does this go against the right to equality?

Right to Freedom to practice religion under Article 25 and 26 of Part III of the Indian Constitution is subject to public morality, public order and public health. To preserve the cultural rights, Art. 25 of the Constitution not only guarantees the right to follow any religion but also to profess, practice and propagate religious beliefs. The rights under Articles 25 & 26 are not absolute or unfettered but subject to legislation by the State limiting or regulating any activity, economic, financial, political or secular which are associated with the religious behalf, faith, practice or custom and they are also subject to social reform by suitable legislation.Article 26 gives every religious group a right to establish and maintain institutions for religious and charitable purposes, manage its affairs, properties as per the law. This guarantee is available to only Citizens of India and not to aliens.The Apex court of India held that every religion has basic fundamental principles to be followed by the followers without which the following of a religion is in vain, still such essential requirements can be examined by the Supreme Court of India and even if a particular activity constitutes the essential part of a religion, its utility can be examined by the court. Belief must be of an essence of that religion.The Supreme Court in the case of Sardar Sydena Taher Saifuddin Saheb v. State of Bombay observed that the exception was carved in Art. 25 (2) of the Constitution of India to the Freedom of Religion enabling the state to enact laws providing for social welfare and reform was not intended to enable the legislature to reform a religion out of its existence or identity. It was also stated that even while bringing in such a social reform it is not permissible to change the entire practice or acts done in pursuance of such religion.Hence it is the duty of the court to ensure that in the name of effecting social reform, the legislature does not efface a religion altogether, by doing away with its basic or essential doctrines or practices. The concept of social reforms was inherited by the Indian constitution under Article 25(2)( b) without impairing the freedom of religion.Use of loudspeakers is not an integral part of the religions so the government can restrict on the use of loudspeakers. Will this lead to a violation of professing one’s religion under Article 25?

Article 25 of the Constitution guarantees freedom of religion to all persons in India. It provides that all persons in India, subject to public order, morality, health, and other provisions: Are equally entitled to freedom of conscience, and have the right to freely profess, practice and propagate religion. It further provides that this article shall not affect any existing law and shall not prevent the state from making any law relating to: Regulation or restriction of any economic, financial, political, or any secular activity associated with religious practice, providing social welfare and reform, opening of Hindu religious institutions of public character for all the classes and sections of the Hindus. In Hasan Ali v. Mansoor Ali, the Bombay High Court held that Articles 25 and Article 26 not only prevents doctrines or beliefs of religion but also the acts done in pursuance of religion. It thus guarantees ceremonies, modes of worship, rituals, observances, etc. which are an integral part of religion. What is the essential or integral part of a religion has to be determined in the light of the doctrines and practices that are regarded by the community as a part of their religion and also must be included in them. The Supreme Court in In re Noise pollution case, has given certain directions to be followed to control noise pollution in the name of religion: Firecrackers: A complete ban on sound-emitting firecrackers from 10 pm to 6 am. Loudspeakers: Restriction on the beating of drums, tom-tom, blowing of trumpets, or any use of any sound amplifier between 10 pm to 6 am except in public emergencies. Generally: A provision shall be made by the State to confiscate and seize loudspeakers and such other sound amplifiers or equipment that create noise beyond the limit prescribed.Article 26 (subject to public order, morality, and health) confers a right on every religious denomination or any section of such religious denomination of: Establishing and maintaining institutions for religious and charitable purposes, managing its affair with regard to religion, owing and acquiring property (movable and immovabl e) and administering the property in accordance with the law.Is right to religion under 25 and 26 an absolute right with no exceptions?

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Passage: Article 25 guarantees the right to “profess, practice and propagate religion, but also permits the State to regulate „economic, financial, political or other secular activity associated with religious practice, as well as provide for „social welfare and reform of Hindu religious institutions. Article 26 guarantees religious denominations, among other things, freedom to manage their religious affairs. However, the protection is extended only to the practices considered essential to the religion. The State can still restrict the right on the grounds of public order, health and morality.Litigation around these two Articles has broadly centred on two issues. The first is the distinction between the religious and secular, particularly in the case of Hinduism. The Court has dealt with this by bringing into play an „essential practices test to decide what is essential to Hinduism and used it to distinguish between the sacred and the secular. The Court’s intervention to decide what is religious and what is not in a secular, constitutional culture is hardly peculiar to India. As Pratap Bhanu Mehta points out, in most constitutional settings courts „have to determine whether or not a policy places a substantial burden on the free exercise of religion. This might require the court to have not just a definition of religion but also to determine whether a particular practice counts as falling under that definition. What is unusual, however, is the Indian Supreme Court’s activism in fashioning religion in the way the State or the judges would likeit to be, rather than accept religion as practised by believers. The courts have upheld several practices as essential, but not along with the added elements and their outgrowths.(Ronojoy Sen, Secularism and Religious Freedom).Q.A particular temple in Maharashtra played religious songs all night on loudspeakers for thirteen days in a row, citing the beginning of Navratri. This was an auspicious period, during which it was necessary for the people of the religion to pray to the deity all night through music. An aggrieved resident of the nearby society filed a case against temples using speakers at odd hours. The followers of the religion argued that this practice is integral for them. The Court will decide –a)In favor of the aggrieved resident as playing religious songs may be essential, but playing songs through speakers or through a certain mode cannot be an essential practice.b)In favor of the temple as the freedom to practice religion includes freedom to practice it in any way.c)In favor of the aggrieved resident as the loudspeakers create a racket and that is against public interest.d)In favor of the temple as no public interest is violated.Correct answer is option 'A'. Can you explain this answer?
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Passage: Article 25 guarantees the right to “profess, practice and propagate religion, but also permits the State to regulate „economic, financial, political or other secular activity associated with religious practice, as well as provide for „social welfare and reform of Hindu religious institutions. Article 26 guarantees religious denominations, among other things, freedom to manage their religious affairs. However, the protection is extended only to the practices considered essential to the religion. The State can still restrict the right on the grounds of public order, health and morality.Litigation around these two Articles has broadly centred on two issues. The first is the distinction between the religious and secular, particularly in the case of Hinduism. The Court has dealt with this by bringing into play an „essential practices test to decide what is essential to Hinduism and used it to distinguish between the sacred and the secular. The Court’s intervention to decide what is religious and what is not in a secular, constitutional culture is hardly peculiar to India. As Pratap Bhanu Mehta points out, in most constitutional settings courts „have to determine whether or not a policy places a substantial burden on the free exercise of religion. This might require the court to have not just a definition of religion but also to determine whether a particular practice counts as falling under that definition. What is unusual, however, is the Indian Supreme Court’s activism in fashioning religion in the way the State or the judges would likeit to be, rather than accept religion as practised by believers. The courts have upheld several practices as essential, but not along with the added elements and their outgrowths.(Ronojoy Sen, Secularism and Religious Freedom).Q.A particular temple in Maharashtra played religious songs all night on loudspeakers for thirteen days in a row, citing the beginning of Navratri. This was an auspicious period, during which it was necessary for the people of the religion to pray to the deity all night through music. An aggrieved resident of the nearby society filed a case against temples using speakers at odd hours. The followers of the religion argued that this practice is integral for them. The Court will decide –a)In favor of the aggrieved resident as playing religious songs may be essential, but playing songs through speakers or through a certain mode cannot be an essential practice.b)In favor of the temple as the freedom to practice religion includes freedom to practice it in any way.c)In favor of the aggrieved resident as the loudspeakers create a racket and that is against public interest.d)In favor of the temple as no public interest is violated.Correct answer is option 'A'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Passage: Article 25 guarantees the right to “profess, practice and propagate religion, but also permits the State to regulate „economic, financial, political or other secular activity associated with religious practice, as well as provide for „social welfare and reform of Hindu religious institutions. Article 26 guarantees religious denominations, among other things, freedom to manage their religious affairs. However, the protection is extended only to the practices considered essential to the religion. The State can still restrict the right on the grounds of public order, health and morality.Litigation around these two Articles has broadly centred on two issues. The first is the distinction between the religious and secular, particularly in the case of Hinduism. The Court has dealt with this by bringing into play an „essential practices test to decide what is essential to Hinduism and used it to distinguish between the sacred and the secular. The Court’s intervention to decide what is religious and what is not in a secular, constitutional culture is hardly peculiar to India. As Pratap Bhanu Mehta points out, in most constitutional settings courts „have to determine whether or not a policy places a substantial burden on the free exercise of religion. This might require the court to have not just a definition of religion but also to determine whether a particular practice counts as falling under that definition. What is unusual, however, is the Indian Supreme Court’s activism in fashioning religion in the way the State or the judges would likeit to be, rather than accept religion as practised by believers. The courts have upheld several practices as essential, but not along with the added elements and their outgrowths.(Ronojoy Sen, Secularism and Religious Freedom).Q.A particular temple in Maharashtra played religious songs all night on loudspeakers for thirteen days in a row, citing the beginning of Navratri. This was an auspicious period, during which it was necessary for the people of the religion to pray to the deity all night through music. An aggrieved resident of the nearby society filed a case against temples using speakers at odd hours. The followers of the religion argued that this practice is integral for them. The Court will decide –a)In favor of the aggrieved resident as playing religious songs may be essential, but playing songs through speakers or through a certain mode cannot be an essential practice.b)In favor of the temple as the freedom to practice religion includes freedom to practice it in any way.c)In favor of the aggrieved resident as the loudspeakers create a racket and that is against public interest.d)In favor of the temple as no public interest is violated.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Passage: Article 25 guarantees the right to “profess, practice and propagate religion, but also permits the State to regulate „economic, financial, political or other secular activity associated with religious practice, as well as provide for „social welfare and reform of Hindu religious institutions. Article 26 guarantees religious denominations, among other things, freedom to manage their religious affairs. However, the protection is extended only to the practices considered essential to the religion. The State can still restrict the right on the grounds of public order, health and morality.Litigation around these two Articles has broadly centred on two issues. The first is the distinction between the religious and secular, particularly in the case of Hinduism. The Court has dealt with this by bringing into play an „essential practices test to decide what is essential to Hinduism and used it to distinguish between the sacred and the secular. The Court’s intervention to decide what is religious and what is not in a secular, constitutional culture is hardly peculiar to India. As Pratap Bhanu Mehta points out, in most constitutional settings courts „have to determine whether or not a policy places a substantial burden on the free exercise of religion. This might require the court to have not just a definition of religion but also to determine whether a particular practice counts as falling under that definition. What is unusual, however, is the Indian Supreme Court’s activism in fashioning religion in the way the State or the judges would likeit to be, rather than accept religion as practised by believers. The courts have upheld several practices as essential, but not along with the added elements and their outgrowths.(Ronojoy Sen, Secularism and Religious Freedom).Q.A particular temple in Maharashtra played religious songs all night on loudspeakers for thirteen days in a row, citing the beginning of Navratri. This was an auspicious period, during which it was necessary for the people of the religion to pray to the deity all night through music. An aggrieved resident of the nearby society filed a case against temples using speakers at odd hours. The followers of the religion argued that this practice is integral for them. The Court will decide –a)In favor of the aggrieved resident as playing religious songs may be essential, but playing songs through speakers or through a certain mode cannot be an essential practice.b)In favor of the temple as the freedom to practice religion includes freedom to practice it in any way.c)In favor of the aggrieved resident as the loudspeakers create a racket and that is against public interest.d)In favor of the temple as no public interest is violated.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Passage: Article 25 guarantees the right to “profess, practice and propagate religion, but also permits the State to regulate „economic, financial, political or other secular activity associated with religious practice, as well as provide for „social welfare and reform of Hindu religious institutions. Article 26 guarantees religious denominations, among other things, freedom to manage their religious affairs. However, the protection is extended only to the practices considered essential to the religion. The State can still restrict the right on the grounds of public order, health and morality.Litigation around these two Articles has broadly centred on two issues. The first is the distinction between the religious and secular, particularly in the case of Hinduism. The Court has dealt with this by bringing into play an „essential practices test to decide what is essential to Hinduism and used it to distinguish between the sacred and the secular. The Court’s intervention to decide what is religious and what is not in a secular, constitutional culture is hardly peculiar to India. As Pratap Bhanu Mehta points out, in most constitutional settings courts „have to determine whether or not a policy places a substantial burden on the free exercise of religion. This might require the court to have not just a definition of religion but also to determine whether a particular practice counts as falling under that definition. What is unusual, however, is the Indian Supreme Court’s activism in fashioning religion in the way the State or the judges would likeit to be, rather than accept religion as practised by believers. The courts have upheld several practices as essential, but not along with the added elements and their outgrowths.(Ronojoy Sen, Secularism and Religious Freedom).Q.A particular temple in Maharashtra played religious songs all night on loudspeakers for thirteen days in a row, citing the beginning of Navratri. This was an auspicious period, during which it was necessary for the people of the religion to pray to the deity all night through music. An aggrieved resident of the nearby society filed a case against temples using speakers at odd hours. The followers of the religion argued that this practice is integral for them. The Court will decide –a)In favor of the aggrieved resident as playing religious songs may be essential, but playing songs through speakers or through a certain mode cannot be an essential practice.b)In favor of the temple as the freedom to practice religion includes freedom to practice it in any way.c)In favor of the aggrieved resident as the loudspeakers create a racket and that is against public interest.d)In favor of the temple as no public interest is violated.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Passage: Article 25 guarantees the right to “profess, practice and propagate religion, but also permits the State to regulate „economic, financial, political or other secular activity associated with religious practice, as well as provide for „social welfare and reform of Hindu religious institutions. Article 26 guarantees religious denominations, among other things, freedom to manage their religious affairs. However, the protection is extended only to the practices considered essential to the religion. The State can still restrict the right on the grounds of public order, health and morality.Litigation around these two Articles has broadly centred on two issues. The first is the distinction between the religious and secular, particularly in the case of Hinduism. The Court has dealt with this by bringing into play an „essential practices test to decide what is essential to Hinduism and used it to distinguish between the sacred and the secular. The Court’s intervention to decide what is religious and what is not in a secular, constitutional culture is hardly peculiar to India. As Pratap Bhanu Mehta points out, in most constitutional settings courts „have to determine whether or not a policy places a substantial burden on the free exercise of religion. This might require the court to have not just a definition of religion but also to determine whether a particular practice counts as falling under that definition. What is unusual, however, is the Indian Supreme Court’s activism in fashioning religion in the way the State or the judges would likeit to be, rather than accept religion as practised by believers. The courts have upheld several practices as essential, but not along with the added elements and their outgrowths.(Ronojoy Sen, Secularism and Religious Freedom).Q.A particular temple in Maharashtra played religious songs all night on loudspeakers for thirteen days in a row, citing the beginning of Navratri. This was an auspicious period, during which it was necessary for the people of the religion to pray to the deity all night through music. An aggrieved resident of the nearby society filed a case against temples using speakers at odd hours. The followers of the religion argued that this practice is integral for them. The Court will decide –a)In favor of the aggrieved resident as playing religious songs may be essential, but playing songs through speakers or through a certain mode cannot be an essential practice.b)In favor of the temple as the freedom to practice religion includes freedom to practice it in any way.c)In favor of the aggrieved resident as the loudspeakers create a racket and that is against public interest.d)In favor of the temple as no public interest is violated.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Passage: Article 25 guarantees the right to “profess, practice and propagate religion, but also permits the State to regulate „economic, financial, political or other secular activity associated with religious practice, as well as provide for „social welfare and reform of Hindu religious institutions. Article 26 guarantees religious denominations, among other things, freedom to manage their religious affairs. However, the protection is extended only to the practices considered essential to the religion. The State can still restrict the right on the grounds of public order, health and morality.Litigation around these two Articles has broadly centred on two issues. The first is the distinction between the religious and secular, particularly in the case of Hinduism. The Court has dealt with this by bringing into play an „essential practices test to decide what is essential to Hinduism and used it to distinguish between the sacred and the secular. The Court’s intervention to decide what is religious and what is not in a secular, constitutional culture is hardly peculiar to India. As Pratap Bhanu Mehta points out, in most constitutional settings courts „have to determine whether or not a policy places a substantial burden on the free exercise of religion. This might require the court to have not just a definition of religion but also to determine whether a particular practice counts as falling under that definition. What is unusual, however, is the Indian Supreme Court’s activism in fashioning religion in the way the State or the judges would likeit to be, rather than accept religion as practised by believers. The courts have upheld several practices as essential, but not along with the added elements and their outgrowths.(Ronojoy Sen, Secularism and Religious Freedom).Q.A particular temple in Maharashtra played religious songs all night on loudspeakers for thirteen days in a row, citing the beginning of Navratri. This was an auspicious period, during which it was necessary for the people of the religion to pray to the deity all night through music. An aggrieved resident of the nearby society filed a case against temples using speakers at odd hours. The followers of the religion argued that this practice is integral for them. The Court will decide –a)In favor of the aggrieved resident as playing religious songs may be essential, but playing songs through speakers or through a certain mode cannot be an essential practice.b)In favor of the temple as the freedom to practice religion includes freedom to practice it in any way.c)In favor of the aggrieved resident as the loudspeakers create a racket and that is against public interest.d)In favor of the temple as no public interest is violated.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Passage: Article 25 guarantees the right to “profess, practice and propagate religion, but also permits the State to regulate „economic, financial, political or other secular activity associated with religious practice, as well as provide for „social welfare and reform of Hindu religious institutions. Article 26 guarantees religious denominations, among other things, freedom to manage their religious affairs. However, the protection is extended only to the practices considered essential to the religion. The State can still restrict the right on the grounds of public order, health and morality.Litigation around these two Articles has broadly centred on two issues. The first is the distinction between the religious and secular, particularly in the case of Hinduism. The Court has dealt with this by bringing into play an „essential practices test to decide what is essential to Hinduism and used it to distinguish between the sacred and the secular. The Court’s intervention to decide what is religious and what is not in a secular, constitutional culture is hardly peculiar to India. As Pratap Bhanu Mehta points out, in most constitutional settings courts „have to determine whether or not a policy places a substantial burden on the free exercise of religion. This might require the court to have not just a definition of religion but also to determine whether a particular practice counts as falling under that definition. What is unusual, however, is the Indian Supreme Court’s activism in fashioning religion in the way the State or the judges would likeit to be, rather than accept religion as practised by believers. The courts have upheld several practices as essential, but not along with the added elements and their outgrowths.(Ronojoy Sen, Secularism and Religious Freedom).Q.A particular temple in Maharashtra played religious songs all night on loudspeakers for thirteen days in a row, citing the beginning of Navratri. This was an auspicious period, during which it was necessary for the people of the religion to pray to the deity all night through music. An aggrieved resident of the nearby society filed a case against temples using speakers at odd hours. The followers of the religion argued that this practice is integral for them. The Court will decide –a)In favor of the aggrieved resident as playing religious songs may be essential, but playing songs through speakers or through a certain mode cannot be an essential practice.b)In favor of the temple as the freedom to practice religion includes freedom to practice it in any way.c)In favor of the aggrieved resident as the loudspeakers create a racket and that is against public interest.d)In favor of the temple as no public interest is violated.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Passage: Article 25 guarantees the right to “profess, practice and propagate religion, but also permits the State to regulate „economic, financial, political or other secular activity associated with religious practice, as well as provide for „social welfare and reform of Hindu religious institutions. Article 26 guarantees religious denominations, among other things, freedom to manage their religious affairs. However, the protection is extended only to the practices considered essential to the religion. The State can still restrict the right on the grounds of public order, health and morality.Litigation around these two Articles has broadly centred on two issues. The first is the distinction between the religious and secular, particularly in the case of Hinduism. The Court has dealt with this by bringing into play an „essential practices test to decide what is essential to Hinduism and used it to distinguish between the sacred and the secular. The Court’s intervention to decide what is religious and what is not in a secular, constitutional culture is hardly peculiar to India. As Pratap Bhanu Mehta points out, in most constitutional settings courts „have to determine whether or not a policy places a substantial burden on the free exercise of religion. This might require the court to have not just a definition of religion but also to determine whether a particular practice counts as falling under that definition. What is unusual, however, is the Indian Supreme Court’s activism in fashioning religion in the way the State or the judges would likeit to be, rather than accept religion as practised by believers. The courts have upheld several practices as essential, but not along with the added elements and their outgrowths.(Ronojoy Sen, Secularism and Religious Freedom).Q.A particular temple in Maharashtra played religious songs all night on loudspeakers for thirteen days in a row, citing the beginning of Navratri. This was an auspicious period, during which it was necessary for the people of the religion to pray to the deity all night through music. An aggrieved resident of the nearby society filed a case against temples using speakers at odd hours. The followers of the religion argued that this practice is integral for them. The Court will decide –a)In favor of the aggrieved resident as playing religious songs may be essential, but playing songs through speakers or through a certain mode cannot be an essential practice.b)In favor of the temple as the freedom to practice religion includes freedom to practice it in any way.c)In favor of the aggrieved resident as the loudspeakers create a racket and that is against public interest.d)In favor of the temple as no public interest is violated.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Passage: Article 25 guarantees the right to “profess, practice and propagate religion, but also permits the State to regulate „economic, financial, political or other secular activity associated with religious practice, as well as provide for „social welfare and reform of Hindu religious institutions. Article 26 guarantees religious denominations, among other things, freedom to manage their religious affairs. However, the protection is extended only to the practices considered essential to the religion. The State can still restrict the right on the grounds of public order, health and morality.Litigation around these two Articles has broadly centred on two issues. The first is the distinction between the religious and secular, particularly in the case of Hinduism. The Court has dealt with this by bringing into play an „essential practices test to decide what is essential to Hinduism and used it to distinguish between the sacred and the secular. The Court’s intervention to decide what is religious and what is not in a secular, constitutional culture is hardly peculiar to India. As Pratap Bhanu Mehta points out, in most constitutional settings courts „have to determine whether or not a policy places a substantial burden on the free exercise of religion. This might require the court to have not just a definition of religion but also to determine whether a particular practice counts as falling under that definition. What is unusual, however, is the Indian Supreme Court’s activism in fashioning religion in the way the State or the judges would likeit to be, rather than accept religion as practised by believers. The courts have upheld several practices as essential, but not along with the added elements and their outgrowths.(Ronojoy Sen, Secularism and Religious Freedom).Q.A particular temple in Maharashtra played religious songs all night on loudspeakers for thirteen days in a row, citing the beginning of Navratri. This was an auspicious period, during which it was necessary for the people of the religion to pray to the deity all night through music. An aggrieved resident of the nearby society filed a case against temples using speakers at odd hours. The followers of the religion argued that this practice is integral for them. The Court will decide –a)In favor of the aggrieved resident as playing religious songs may be essential, but playing songs through speakers or through a certain mode cannot be an essential practice.b)In favor of the temple as the freedom to practice religion includes freedom to practice it in any way.c)In favor of the aggrieved resident as the loudspeakers create a racket and that is against public interest.d)In favor of the temple as no public interest is violated.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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