The Constitution enters the sanctum, Pg9

Key Highlights:

• The Madras High Court recently adjudicated religious disputes concerning the Thiruparankundram Deepathoon and hymn recitals at the Kanchipuram Varadaraja Perumal temple.
• Courts play a constitutional role in resolving religious disputes, countering the notion that temples are private spaces beyond state intervention.
• The Constitution of India (1950) introduced fundamental rights to practice religion (Articles 25 & 26), subject to public order, health, and morality.
• Courts use the essential religious practice test to determine if a custom is integral to a religion; practices failing this test are deemed "secular" and subject to judicial guidance.

Detailed Insights:

• Pre-1950, temple disputes were viewed as civil rights issues, exemplified by cases like the Kamudhi temple entry dispute adjudicated by the Privy Council.
• The Madras Hindu Religious Endowments Act (1927) marked early state intervention, establishing temple committees and auditing funds.
• Post-1950, courts shifted to a constitutional perspective, balancing individual religious freedom with public interest and equality.
• Southern states pioneered jurisprudence on temple governance through legislation like the Hindu Religious and Charitable Endowments Act, inviting judicial oversight.
• The Supreme Court's Sabarimala temple case (2018) reinforced that even essential religious practices are subject to constitutional morality.
• Increasing religious disputes highlight ideological polarization and the judiciary's role in harmonizing faith with constitutional principles.
• Judicial review ensures religious practices align with justice, liberty, equality, and fraternity, as enshrined in the Constitution.

Key Concepts Involved:

• Essential Religious Practice Test: Determines if a custom is integral to a religion; if not, it's considered secular and open to judicial guidance.
• Constitutional Morality: Principles of justice, liberty, equality, and fraternity that limit religious freedoms, ensuring alignment with the Constitution.
• Judicial Review: The power of courts to examine the constitutionality of legislative or executive actions, including those related to religious practices.