AIR 2002 SUPREME COURT 3538 ::2002 AIR SCW 4146 ::2002 (6) SLT 5 ::2002 (8) SCC 106 ::(2002) 7 Scale 280 ::(2002) 4 AllMR 843 (SC) ::2002 (4) All MR 843 ::(2003) 95 Cut LT 504 ::(2003) 1 Mad LW 97 ::2002 (3) Ker LT 615 ::(2002) 4 SCJ 606 ::2002 (4) LRI 578 ::2002 (7) Supreme 242 ::(2003) 1 AllIndCas 765 (SC) ::2003 (1) AllIndCas 765 ::2003 (1) Andh LD 28 ::(2002) 8 JT 51 (SC) ::2002 (10) SRJ 88

Supreme Court Of India

(From : AIR 1996 Ker 168 (FB))

Hon'ble Judge(s): S. Rajendra Babu, Doraiswamy Raju , JJ

(A) Constitution of India , Art.25, Art.26, Art.17— Religious freedom - Extent - It is subject to public order, health, morality and other provisions of Part 3 of Constitution of India including Art. 17. Article 25 secures to every person, subject of course to public order, health and morality and other provisions of Part-III, including Article 17 freedom to entertain and exhibit by outward acts as well as propagate and disseminate such religious belief according to his judgment and conscience for the edification of others. The right of the State to impose such restrictions as are desired or found necessary on grounds of public order, health and morality is inbuilt in Articles 25 and 26 itself. Article 25(2)(b) ensures the right of the State to make a law providing for social welfare and reform besides throwing open of Hindu religious institutions of a public character to all classes and sections of Hindu and any such rights of the State or of the communities or @page-SC3539 classes of society were also considered to need due regulation in the process of harmonizing the various rights. The vision of the founding fathers of Constitution to liberate the society from blind and ritualistic adherence to mere traditional superstitious beliefs sans reason or rational basis has found expression in the form of Article 17. The legal posit....