Article 28 of Indian Constitution Part2
Summary
TLDRThis video explores the 'essential religious practices' (ERP) test in India, which determines the limits of constitutionally protected religious practices. It discusses how the Supreme Court's interpretations, including the Aisha Shifa case on hijab in schools, have shaped religious freedom. The ERP test, influenced by BR Ambedkar, allows state intervention in non-intimate religious matters. The video examines legal precedents, societal implications, and the judiciary's role in a diverse society.
Takeaways
- 📜 The video discusses the Essential Religious Practices (ERP) test in the context of Article 28 of the Indian Constitution and the right to religion.
- 🌟 Religious freedom is considered crucial for fostering religious reform and achieving social harmony in India.
- 🏛 The ERP test, established by the Supreme Court of India, helps determine which religious practices are essential and thus constitutionally protected.
- 📚 Landmark cases like the Shirur Mutt case and Ratilal Pant Gandhi case have shaped the ERP test.
- 👳♀️ The 2022 Aisha Shifa versus State of Karnataka case dealt with the wearing of hijabs in educational institutions, sparking debates on religious freedom and individual choice.
- 🏫 The Karnataka High Court ruled that wearing a hijab is not an essential practice in Islam, thus not infringing on the right to freedom of religion.
- 📖 The court also stated that classrooms are public spaces where individual rights may be limited for the sake of general discipline and decorum.
- 🚫 The ban on hijabs was not considered discriminatory by the court, as it was based on a uniform dress code policy.
- 🤔 The case has reignited discussions on the ERP test and its application in modern legal interpretations.
- 🏛 The Supreme Court's interpretation of the right to religion is an evolving process that impacts the social and cultural fabric of India.
- 🌐 The judiciary plays a pivotal role in balancing individual rights with the principles of secularism in a diverse and pluralistic society.
Q & A
What is the significance of Article 28 of the Indian Constitution in the context of religious freedom?
-Article 28 of the Indian Constitution is significant as it prohibits religious institutions from being taken over by the state or any other agency, thereby ensuring the autonomy of religious practices and institutions, which is a continuation of the religious freedom guaranteed by Article 25.
How does religious freedom contribute to fostering religious reform and social harmony?
-Religious freedom is essential for fostering religious reform and social harmony because it allows individuals to explore their conscience, pursue the truth, and engage in an organic process of religious evolution. Greater freedom for religious and identity-based groups helps prevent repression, which often leads to violence.
What is the essential religious practices (ERP) test and how was it established by the Indian Supreme Court?
-The essential religious practices (ERP) test is a legal framework established by the Indian Supreme Court to determine which religious practices are fundamental to a faith and thus deserving of constitutional protection. It was established through landmark cases and involves assessing the limits of the right to religion as guaranteed by the Constitution.
What are some landmark cases that have shaped the ERP test in India?
-Landmark cases that have shaped the ERP test in India include the Shirur Mut case and Ratilal Panthji Gandhi case, which have been instrumental in defining the scope of religious practices that are considered essential and therefore protected under the Constitution.
What was the controversy surrounding the wearing of hijab in educational institutions as mentioned in the script?
-The controversy involved Muslim students in Karnataka who were denied entry into classes for wearing the hijab, which was against the college's uniform policy. This led to a legal dispute where the Karnataka High Court ruled that wearing a hijab is not an essential practice in Islam and that the ban did not infringe upon the right to freedom of religion.
What were the three pivotal findings of the Karnataka High Court in the hijab case?
-The three pivotal findings were: 1) Wearing a hijab is not an essential practice in Islam, 2) There is no substantive right to freedom of expression or privacy within the classroom as it is a qualified public space, and 3) The ban on hijab did not discriminate against Muslim students and was a result of the government's order for a uniform dress code.
How does the ERP test relate to BR Ambedkar's arguments in the Constituent Assembly?
-The ERP test is rooted in BR Ambedkar's arguments which allow the state to intervene in matters connected to religion but not in those that are intrinsically religious. This principle guides the test in determining the constitutionality of religious practices.
What was the outcome of the appeal in the B Immanuel versus state of Kerala case?
-In the B Immanuel versus state of Kerala case, the Supreme Court delivered a split verdict, with neither judge employing the established ERP test. This departure from jurisprudence was notable, especially in Justice Dulas' opinion, where he explicitly dispensed with the ERP test when individual rights were curtailed by state regulation.
What are the broader implications of the Supreme Court's interpretations of the right to religion on Indian society?
-The Supreme Court's interpretations of the right to religion have profound implications for the social and cultural fabric of India. These decisions influence societal attitudes and contribute to the discourse on secularism, tolerance, diversity, and coexistence, shaping the contours of these values within a pluralistic society.
How does the ERP test contribute to the jurisprudential legacy of religious freedom in India?
-The ERP test contributes to the jurisprudential legacy of religious freedom in India by providing a framework for courts to evaluate the constitutionality of religious practices. Each legal episode involving the ERP test adds to the understanding and application of religious freedom, balancing individual rights with societal norms and secular principles.
Outlines
📚 The Evolution of the Essential Religious Practices (ERP) Test
The video begins by explaining how religious freedom is rooted in the dignity of individuals to pursue their own beliefs and how this freedom is crucial for fostering social harmony. It then transitions to discussing the narrowing of religious freedom in India by the Supreme Court through the introduction of the Essential Religious Practices (ERP) test. This test determines which religious practices are essential to a faith and deserving of constitutional protection. The speaker references landmark cases like the Shirur Mutt and Ratilal Gandhi cases, as well as the 2022 Aisha Shifa case on the wearing of hijab in Karnataka schools. These cases illustrate how the ERP test has evolved and its societal implications.
⚖️ The Karnataka Hijab Case: Freedom of Religion in Question
The paragraph focuses on the Aisha Shifa vs. State of Karnataka case in 2022, where the issue of wearing hijabs in educational institutions was raised. The Karnataka government enforced a uniform dress code, which led to the exclusion of Muslim students who wore hijabs. The Karnataka High Court ruled that wearing a hijab was not an essential practice in Islam, thereby dismissing claims of religious infringement. The court also emphasized that classrooms are public spaces where individual rights, such as freedom of expression and privacy, are secondary to discipline and decorum. The judgment further fueled debates on religious freedom and the applicability of the ERP test.
🔍 Re-evaluating the ERP Test: Legal Precedents and Future Implications
This paragraph delves into the historical and legal analysis of the ERP test, including a reference to the B. Emmanuel vs. State of Kerala (1986) case. Here, students were allowed to abstain from singing the national anthem due to religious reasons, marking a departure from the ERP test. The split verdict and the absence of the ERP test in judicial decisions indicated that the test might not always be applicable. The ongoing case discussions open avenues for the Supreme Court to reassess or limit the ERP test's scope. The text also addresses the broader societal implications, such as how these legal rulings impact religious tolerance and diversity in India.
🛤️ The Supreme Court’s Ongoing Role in Balancing Secularism and Religious Freedom
The conclusion highlights the evolving nature of the Supreme Court’s interpretation of religious freedom under Article 25 to 27. Each ruling, especially with the use of the ERP test, contributes to the jurisprudential legacy of religious freedom in India. The speaker underscores how the judiciary plays a pivotal role in safeguarding individual rights while balancing the principles of secularism. The societal and cultural consequences of these rulings are significant, shaping India’s pluralistic and diverse landscape. The video ends by summarizing how jurisprudence is continuously evolving in this area, emphasizing the judiciary's responsibility in maintaining this delicate balance.
Mindmap
Keywords
💡Article 28
💡Religious Freedom
💡Essential Religious Practices (ERP) Test
💡Shirur Mut Case
💡Ratilal Pant Gandhi Case
💡Hijab
💡Karnataka High Court
💡Uniform Dress Code
💡Aisha Shifa Versus State of Karnataka
💡Secularism
💡Jurisprudence
Highlights
Religious freedom is based on the belief in human dignity and the pursuit of truth.
Religious freedom is crucial for fostering religious reform and social harmony.
The Indian Supreme Court has introduced the essential religious practices (ERP) test to interpret the right to religion.
The ERP test determines which religious practices are essential and deserve constitutional protection.
Landmark cases like the Shabara Temple Entry Case and the Hijab controversy have shaped the ERP test.
The right to religion is enshrined in Article 25 of the Indian Constitution.
Judicial decisions have evolved the interpretation of the right to religion in India.
The Aisha Shifa versus State of Karnataka case dealt with the wearing of hijab in educational institutions.
The Karnataka High Court ruled that wearing a hijab is not an essential practice in Islam.
The court found no substantive right to freedom of expression or privacy within the classroom.
The ban on hijab was not found to be discriminatory against Muslim students.
The case reignited discussions on the applicability of the ERP test.
The Supreme Court's interpretation of the right to religion extends beyond legal principles to social and cultural implications.
The ERP test allows the state to intervene in matters connected to religion but not intrinsically religious.
The B Immanuel versus State of Kerala case allowed students to abstain from singing the National Anthem due to religious beliefs.
The Supreme Court's decision in the B Immanuel case did not employ the ERP test.
The matter now awaits consideration by a larger bench, potentially re-evaluating the ERP test.
The ERP test has faced criticism from legal scholars.
The Judiciary plays a pivotal role in safeguarding individual rights within a diverse and pluralistic society.
The interpretation of the right to religion is a nuanced and continually evolving process in India.
Transcripts
dear students as a continuation of
Article 28 of the Indian constitution in
this video we will examine the essential
religious practices Erp test as
enshrined within the right to religion
as emphasized in our previous videos
religious freedom is predicated on the
belief that every human being possesses
inherent dignity to explore their
conscience and pursue the truth
religious freedom is indispensable for
fostering religious reform as without
organic process religions and the
societies they deeply influence can
become stunted therefore greater freedom
for religions and identity based groups
is crucial for achieving social harmony
whereas repression often leads to
violence having discussed the importance
and inherent social value of freedom in
matters relating to religion in earlier
videos particularly focusing on articles
25 to 28 this video lecture aims to
examine how Indian Supreme Court has
narrowed the scope of the
constitutionally guaranteed freedom of
religion by introducing the essentiality
test the interpretation of the right to
religion by the Supreme Court of India
has evolved marked by landmark cases
such as the essential religious
practices heing after Erp test the
shabala temple entry case and recent
controversies surrounding the wearing of
hijab this comprehensive analysis will
look into the historical context legal
precedence and broader societal
implications of the Supreme Court's
interpretations of right to religion the
right to religion is enshrined in the
Indian constitution under article 25
guaranteeing freedom of conscience and
right to freely profess practice and
propagate religion the interpretation of
this right has evolved through judicial
decisions contributing to
jurisprudential landscape the Erp test
established by the Supreme Court serves
as a crucial framework for assessing the
limits of right to religion this test
involves determining which religious
practices are essential to a particular
faith and therefore deserving of
constitutional protection I had already
mentioned in my previous videos that
cases like shirur mut case and ratilal
pant Gandhi case have played
instrumental roles in shaping the Erp
test today's video also deals with Aisha
shifa versus state of Karnataka and
others the 2022 case judgment that dealt
with wearing of hijab in educational
institutions and the debates involving
religious freedom individual choice and
the authority of educational
institutions to regulate the dress codes
within Erp test so let's understand what
has been the facts and the Judgment in
the case the dispute emanated from a
policy clash in Karnataka where Muslim
Students deciding to wear the hijab
where denied entry into the classes
citing a violation of the college
uniform policy the Karnataka government
mandated the compulsory wearing of
uniforms with no exceptions citing a
uniform dress code as a result several
educational institutions enforced this
order leading to petitions filed in
kataka high court on behalf of the
affected students in its judgment the k
High Court made three pivotal findings
firstly it held that wearing a hijab is
not an essential practice in Islam thus
concluding that the right to freedom of
religion was not infringed secondly the
Court ruled that within the classroom
there is no substantive right to freedom
of expression or privacy as classrooms
are deemed qualified public spaces where
individual rights yield to the interest
of a general discipline and decorum
thirdly the court concluded that the ban
on hijab did not directly emulate from
the government's order avoiding
discrimination against Muslim Students
the case further reignited the
discussions on the Erp test this test
rooted in BR ambedkar's arguments in the
constituent assembly allows the state to
intervene in matters connected to
religion but not intrinsically
religious examining the past
interpretations on the Erp test the
court also examined the Judgment
provided in B Immanuel versus state of
Kerala 1986 SC
3518 where the students were allowed to
abstain from singing the National Anthem
due to conflict in religious beliefs the
matter when it went as an appeal to the
Supreme Court the division bench
delivered a split verdict what makes
this case even more compelling is that
neither the judge employed the
established essential religious practice
test as usual standard in matters
concerning freedom of religion this
departure from established jurisprudence
is particularly notable in Justice Dulas
op opinion where he explicitly dispensed
with the Erp test when an individual's
rights were curtailed by a state
regulation as a matter now awaits
consideration by a larger bench it opens
a fresh Avenue for the Supreme Court to
re-evaluate or limit the applicability
of Erp test a standard that has faced
critic from legal
Scholars the interpretation of the right
to religion extends Beyond legal
principles it has profound implications
for social cultural fabric of India
Supreme Court decisions influence
societal attributes and attitudes
shaping the Contour of Tolerance
diversity and
coexistence understanding how these
legal interpretations resonate within
communities and contributing to larger
discourse on secularism and individual
freedoms is integral to a comprehensive
understanding in conclusion I would like
to highlight that the Supreme Court's
interpretation of right to religion is a
nuanced and continually evolved process
with the Erp test each legal episode
contributes to the jurisprudential
legacy of religious freedom in India
this analysis navigates the historical
trajectory legal intricacies and
societal Ramic ifications of these
interpretations highlighting the
delicate yet pivotal role of the
Judiciary in safeguarding individual
rights within the framework of a diverse
and pluralistic society hope you all
understood the concept clearly and how
Juris Prudence is evolving under right
to religion under article 25 to 27
simultaneously balancing secularism
principle thank you
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