Published Paper Details:

This research paper begins with the evolution of the Essential Religious Practice Test and various judicial precedents expanding and developing the essence of the doctrine. It highlights the dissenting and conflict of opinions of balancing the mantle of secularism divulged in the Indian constitution under fundamental rights of Article 25-28 and the advent of judicial activism by the dint of protection of interests of citizens under the ambit of equality and justice. It then includes comparative analysis of this test with others marking the different approach of state in the matters of religion leading to analytical study indicating the statistics of religion and state. The paper then points to the critical analysis of the test which underlines both the precedence and the dissension of the test making a dichotomy in its application in existence. It highlights the arbitrary and judge centric approach, subjectivity of interpretating religious texts, disregard of normative pluralism, rationalisation of the religion which is braced by this test but on the other side of the coin filtering of unjust and unreasonable practices that violate other fundamental rights such as Article 14 and 15, and the limitations of public order, health and morality mentioned under Article 25 justifying the origin of only protecting religious activities that are at the crux of the religion as emanated in the Essential Religious Practice Test. The paper concludes with encapsulation of the entire research paper and outlining certain suggestions or alternative practices that could be further incorporated.