Good Morning Friends,
Following are today’s Mains Marathon Questions.
About Mains Marathon – This is an initiative of ForumIAS to help/aid aspirants in their writing skills, which is crucial to conquering mains examination.
Every morning, we post 3 questions are based on current affairs. The questions framed are meaningful and relevant to the exam.
Write your answers in the comment box, given below.
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Questions
1) What is the essential religious practices test? How far, in your opinion, the essential religious practices test has been able to rationalize the right to freedom of religion. Give examples in support of your opinion.
2) What are the factors that are driving India’s increasing imports from China? What are the steps taken by the government to reduce India’s dependence on China?
3) Revamped Distribution Sector Reform Scheme needs to be strengthened to make it effective for electricity distribution companies. Comment.
1. What is the essential religious practices test? How far, in your opinion, the essential religious practices test has been able to rationalize the right to freedom of religion. Give examples in support of your opinion.
Art 25 of the Constitution provides Freedom to practice religion subject to certain restrictions like public order, morality, decency, health etc.
There have been several instances where this right has come in conflict with the ability of the State to regulate religious affairs under the Article 25(2)(a) or with other fundamental rights/duties. The Supreme Court of India, while adjudicating on several such conflicting issues has evolved the essential religious practices test. Under this test, only those religious practices which form the crux and the very basis of the religion shall be granted the Constitutional protection.
However this is a problematic issue because:
1. The classification of “essential” vs “non-essential” is done by judicial experts who may not necessarily be theological experts.
2. There are several diverse practices by various sects within a religion itself and it is difficult to ascertain what is essential to the religion. Which religious leader/sect holds authority over the religion is not easy to determine.
3. Certain practices, although “essential” to religion maybe dogmatic or regressive by today’s standards.
Hence there have been several conflicting Judgments by the judiciary itself
1. The practice of Santhara was declared “not essential” to Jainism by the Rajasthan High Court but was stayed by the Supreme Court.
2. An SC bench upheld disqualification of a person from the Air Force under the Armed Force Regulations which prohibit the growth of hair by Armed Forces personnel, ruling that beard is not “essential” to Islam but it is to Sikhism. The Court was advised by experts that the practice is desirable in Islam but not essential.
3. Similarly there have been conflicting judgments with respect to attire of candidates appearing for competitive examinations.
In this context, various judicial experts have suggested that the SC should have prohibited or allowed the practices based on the restrictions mentioned in the Constitution like public order or morality rather than evolving this test.
I think you made some good points in Features also. Keep working, great job !
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