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The Constitutional Validity Of The Essential Religious Practices Test




Amisha Singh, LLB (Hons.), Jindal Global Law School, Sonipat, Haryana


ABSTRACT


The Constitution provides caveats to the freedom of religion through curtailment provisions with such rights being “subject to public order, morality, and health” alongside other specific restrictions.7 Jurisprudence concerning religious freedom and state intervention has come to evolve with the establishment of the Essential Religious Practices (ERP) Test or the Doctrine of Essentiality. This essay undertakes a critical analysis of the ERP test, the inefficient implementation in its current form, and the associated curtailment of religious freedoms, particularly those of minority religions, provided in the Constitution.

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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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