DAW 26th February 2026, Mains Answer Writting 2027

DAW 26th February 2026, Mains Answer Writting 2027

Question

Discuss the significance of the Essential Religious Practices (ERP) doctrine in the Indian constitutional framework. (10 marks).

Model Answer

Approach:

  • Introduction (2–3 lines)

  • Begin by defining the Essential Religious Practices (ERP) doctrine as a judicial tool to determine the scope of religious freedom under Articles 25–26.

  • Body

  • Structure the answer by first explaining the significance of ERP (defining religious freedom, enabling reform, balancing rights, judicial framework).

  • Then critically analyse its limitations (judicial overreach, subjectivity, impact on pluralism) and conclude the body with a brief way forward focusing on a rights-based and constitutionally grounded approach.

  • Conclusion

  • Conclude by highlighting ERP’s role in reconciling religious freedom with constitutional morality.

  • Emphasise the need to evolve towards a consistent, rights-based, and balanced framework ensuring justice, equality, and dignity.

Introduction The Essential Religious Practices (ERP) doctrine is a judicially evolved principle used by the Supreme Court to determine which religious practices are protected under Articles 25 and 26 of the Constitution. It originated in the “The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Shirur Mutt” (1954), where the Court held that only those practices essential to a religion merit constitutional protection while allowing regulation of others. Body Significance of ERP Doctrine

  • Delineating the Scope of Religious Freedom

  • The ERP doctrine clarifies that not all practices associated with religion are automatically protected.

  • It draws a distinction between essential religious practices and secular or optional practices, thereby preventing blanket immunity in the name of religion.

  • This ensures that constitutional protection is limited to practices integral to the faith.

  • Enabling State Regulation and Social Reform

  • By identifying non-essential practices, the doctrine enables the State to regulate secular aspects of religion under Article 25(2).

  • It has facilitated progressive reforms such as:

  • Opening temples to all sections of society such as in Indian Young Lawyers Association v. State of Kerala (Sabarimala case).

  • Regulation of religious institutions and endowments.

  • Harmonising Fundamental Rights with Religious Freedom

  • The doctrine ensures that religious practices do not violate other fundamental rights, especially:

  • Article 14 (Equality)

  • Article 15 (Non-discrimination)

  • Article 21 (Dignity and personal liberty)

  • In Indian Young Lawyers Association v. State of Kerala (2018) (Sabarimala case), the Court held that exclusion of women was not an essential practice and violated equality and dignity.

  • Similarly, in Shayara Bano v. Union of India (2017), instant triple talaq was invalidated for being arbitrary and unconstitutional.

  • Providing a Judicial Framework for Adjudication

  • ERP offers a structured doctrinal basis for courts to adjudicate disputes involving religion.

  • In a diverse society with multiple faiths and practices, such a framework is essential to ensure consistency and neutrality in judicial decisions.

  • It allows courts to examine religious claims objectively rather than accepting them at face value.

  • Safeguarding Religious Autonomy

  • While enabling regulation, the doctrine also protects core religious practices from unnecessary State interference.

  • This ensures that India’s secularism remains principled (Sarva Dharma Sambhava) rather than anti-religious.

  • Religious denominations retain autonomy over essential aspects of faith.

  • Advancing Constitutional Morality and Transformative Constitutionalism

  • ERP has increasingly been used alongside the idea of constitutional morality, where constitutional values prevail over regressive customs.

  • In Navtej Singh Johar v. Union of India (2018), the Court emphasised dignity and individual autonomy over societal and religious morality.

  • Thus, ERP contributes to the transformative vision of the Constitution, promoting a more just and egalitarian society.

Way Forward

  • Shifting towards a Rights-Based Approach

  • Courts should move from determining “essentiality” to assessing whether a practice violates fundamental rights such as equality, dignity, and liberty.

  • Developing Clear and Consistent Standards

  • Establishing objective and uniform guidelines to reduce subjectivity and ensure consistency in judicial decisions.

  • Respect for Religious Autonomy with Constitutional Limits

  • Ensuring minimal interference in genuinely religious matters while upholding constitutional morality.

  • Greater Use of Expert Consultation

  • Courts may rely on scholars and domain experts to better understand religious contexts without assuming theological authority.

  • Strengthening Constitutional Morality

  • Prioritising constitutional values over social or religious orthodoxy, especially in cases involving discrimination or exclusion.

  • Promoting Dialogue and Reform from Within

  • Encouraging community-led reforms to reduce conflict between religious practices and constitutional principles.

Conclusion The ERP doctrine plays a crucial role in harmonising religious freedom with constitutional values. While it has enabled progressive reforms, its future lies in evolving towards a more rights-oriented, consistent, and constitutionally grounded approach, ensuring that justice, equality, and dignity remain central to India’s democratic framework.