AIR 1961 SUPREME COURT 1402

Supreme Court Of India

(From Rajasthan: AIR 1959 Raj 177)

Hon'ble Judge(s): P. B. Gajendragadkar, A. K. Sarkar, K. N. Wanchoo, K. C. Das Gupta, N. Rajagopala Ayyangar , JJJ

(A) Judgment - Construction - Court attempting to find out effect of the findings made in judicial proceedings - Such findings held could not be divested from the rest for the reasons given in the judgment. (Para 29) (B) Constitution of India , Art.26— Matters of religion - What constitute - Protection under Art. 26 is confined to such religious practices as are essential and integral part of the religion. Matters of religion in Art. 26 (b) include even practices which are regarded by the community as part of its religion. In order that the practices in question should be treated as a part of religion they must however be regarded by the said religion as its essential and integral part; otherwise even purely secular practices which are not an essential or an integral part of religion are apt to be clothed with a religious form and may make a claim for being treated as religious practices within the meaning of Art. 26. Similarly, even practices though religious may have sprung from merely superstitious beliefs and may in that sense, be extraneous and unessential accretions to religion itself. Unless such practices are found to constitute an essential and integral part of a religion their claim for the protection under Art. 26 may have to be carefully....