Supreme Court Rejects Plea for Single “Constitutional Religion,” Upholds Freedom of Worship


LI Network

Published on: 19 September 2023 at 11:04 IST

The Supreme Court of India has unequivocally dismissed a plea calling for the establishment of a single “constitutional religion” across the country.

The Court’s decision emphasizes the fundamental right of individuals to practice their respective religious faiths, making it clear that no one can prevent people from following their own religious beliefs.

The bench, consisting of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia, questioned the petitioner’s rationale for filing such a petition and expressed astonishment at the nature of the plea.

The petition was jointly filed by Mukesh Kumar and Mukesh Manveer Singh. During the hearing, the bench inquired about the purpose and basis of the petition, particularly asking one of the petitioners present before it, “What is this? What do you want in this petition?”

The petitioner, who identified himself as a social activist, informed the bench that he had filed the Public Interest Litigation (PIL) under Article 32 of the Constitution, representing the people of India, to seek the establishment of “one constitutional religion.”

In response, the bench probed further, questioning the basis for such a request. The petitioner’s PIL had sought the annulment of a constitutional order dating back to 1950, although it did not specify which specific constitutional order it was referring to.

Article 32 of the Constitution empowers citizens to approach the apex court if they believe their fundamental rights have been violated.

In response to the petitioner’s plea, the Supreme Court firmly upheld the constitutional right to religious freedom and dismissed the petition outright.

The Court’s decision underscores the principle of religious diversity and individual choice in matters of faith, reinforcing the fundamental right of every citizen to practice their religion freely.

Also Read: What is Freedom of Religion? – Law Insider India

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