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Judicial Oversight of Religious Practices in India

Madras High Court rulings revived debate on the Essential Religious Practices (ERP) test. Cases involved Thiruparankundram Deepathoon and Thenkalai sect rights

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Judicial Oversight of Religious Practices in India

Why is it in the news?

Madras High Court rulings revived debate on the Essential Religious Practices (ERP) test.

Cases involved Thiruparankundram Deepathoon and Thenkalai sect rights.

Category: Polity

Important Points:

● ERP doctrine determines if practice is essential under Articles 25 & 26

● Shirur Mutt Case (1954) defined essentiality based on religion’s tenets

● Durgah Committee Case (1961) excluded superstitious accretions

● Shayara Bano (2017): Triple Talaq not essential practice

● Sabarimala (2018): Essential practice cannot override constitutional morality

● Article 25: Freedom of conscience and religion

● Article 26: Right to manage religious affairs

● Madras HC (2026): State must facilitate long-standing rituals

● Court upheld denominational rights of Thenkalai sect

● Criticisms: judicial overreach, inconsistency, enforcement challenges


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