Whether essential practice can be decided on a mere ipse dixit of the Court or whether the Court is obliged to examine belief, tenets and practices, is a pure question of law. = Considering the Constitutional importance and significance of the issues involved, the following need to be referred to a larger Bench: (a) Whether in the light of Shirur Mutt and other aforementioned cases, an essential practice can be decided without a detailed examination of the beliefs, tenets and practice of the faith in question? (b) Whether the test for determining the essential practice is both essentiality and integrality? (c) Does Article 25, only protect belief and practices of particular significance of a faith or all practices regarded by the faith as essential? (d) Do Articles 15, 25 and 26 (read with Article 14) allow the comparative significance of faiths to be undertaken? 33. The Registry is directed to place this matter before the Hon’ble Chief Justice of India for appropriate orders.
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1086610867 OF 2010 M. SIDDIQ (D) THR. LRS. … APPELLANT(S) VERSUS MAHANT SURESH DAS AND OTHERS ETC. … RESPO…
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