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The Constitution presumes that each spiritual signifier is protected unless it violates nationalist order, morality, and health, the Union authorities told the Supreme Court connected Wednesday (May 13, 2026).
Appearing earlier a nine-judge Bench headed by Chief Justice of India Surya Kant successful the Sabarimala reappraisal hearing, Solicitor General Tushar Mehta said the extortion afforded to religion was not restricted to “essential spiritual practices” alone, but had a wider ambit.
Mr. Mehta, who opened the rejoinder successful the law notation hearing, said the load was connected the challenger to amusement that a spiritual signifier breached nationalist order, morality, and health.
‘Not conscionable indispensable practices’
He further submitted that cardinal rights successful the Constitution person been interpreted expansively by the tribunal successful the past. Only Article 25 (right to religion and state of conscience) and Article 26 (freedom of denominations oregon immoderate conception thereof to negociate their ain spiritual affairs) were fixed restrictive meanings by the court.
“Articles 25 and 26 were the lone cardinal rights the tribunal gave restricted meanings, saying the rights would beryllium protected to the grade of ‘essential spiritual practices’ only,” Mr. Mehta submitted.
He pointed retired that the operation ‘essential spiritual practices’ is absent successful the substance of the Constitution, arguing that it was sheer judicial creativity astatine work.
Interconnected rights
Mr. Mehta added that Articles 25 and 26 are interconnected, not isolated silos, submitting that an individual’s state of conscience and the close of a denomination to negociate its ain affairs are interconnected. Article 26 is lone a manifestation of the idiosyncratic close successful a corporate form, helium said.
“Fundamental rights are not islands,” helium said.
‘Rituals not needed’
The afloat time proceeding besides saw the Supreme Court observe that radical request not spell to a temple to beryllium religious. A tiny lamp lit successful a hut was an arsenic poignant look of faith, Chief Justice Kant said.
Justice B.V. Nagarathna added that Hinduism was a mode of life, and did not beryllium connected ritualistic practices oregon predominant visits to temples.
Legal student and erstwhile manager of the National Judicial Academy, Mohan Gopal, submitted that what Justice Nagarathna referred to was called ‘auto-theism’ oregon the idiosyncratic state of conscience to research one’s ain interior conscience.
