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Freedom of Religion and Essential Religious Practices Doctrine

Indian Polity & Governance

  • PYQs8
  • Articles1
I

Background

It's a recurring theme in Indian polity, involving the interpretation of fundamental rights, secularism, and the judiciary's role in defining religious practices. It often leads to conflicts between individual rights and state regulations, testing the balance of constitutional principles.

Article 25 of the Indian Constitution guarantees freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health. The Essential Religious Practice (ERP) doctrine, evolved by the Supreme Court, determines which practices are integral to a religion and thus protected under Article 25.

II

Facts & tables

Constitutional Basis
Article 25(1) guarantees individual religious freedom.
Limitations
Subject to public order, morality, health, and other Fundamental Rights.
ERP Doctrine Origin
Originated in the Shirur Mutt case (1954) and further developed in subsequent judgments.
Judicial Role
Judiciary determines if a practice is fundamental to a religion's identity.
Static syllabus anchors
Type Reference
Conceptual area Fundamental Rights
Conceptual area Constitutional Amendments & Structure
Institutions & roles
Body Role
Supreme Court of India Interprets constitutional provisions, adjudicates disputes
High Courts Interprets constitutional provisions, adjudicates disputes
State Government Formulates and implements policies, subject to judicial review
III

Prelims angle

Prelims angle: Statement-based questions

Prelims angle: Factual recall

  • Article 25 guarantees religious freedom.
  • Subject to public order, morality, health.
  • Essential Religious Practice (ERP) doctrine.
  • Judiciary determines essentiality of practices.
  • Balance between individual rights and state regulation.
High-confidence PYQ links
Year Framing tags
2025 Statement-based questions, Factual recall
2024 Definition-based questions, Institutional roles and functions
2023 Multi-statement analysis, Factual recall
2023 Statement-based questions, Conceptual understanding
2023 Factual recall, Conceptual understanding
2022 Statement-based questions, Conceptual understanding
2021 Multi-statement analysis, Conceptual understanding
2020 Multi-statement analysis, Factual recall

Timeline

  1. Fundamental Rights

    Conceptual area

  2. Constitutional Amendments & Structure

    Conceptual area

  3. Prelims 2020

    Multi-statement analysis, Factual recall

  4. Prelims 2021

    Multi-statement analysis, Conceptual understanding

  5. Prelims 2022

    Statement-based questions, Conceptual understanding

  6. Prelims 2023

    Multi-statement analysis, Factual recall

  7. Prelims 2023

    Statement-based questions, Conceptual understanding

  8. Prelims 2023

    Factual recall, Conceptual understanding

  9. Prelims 2024

    Definition-based questions, Institutional roles and functions

  10. Prelims 2025

    Statement-based questions, Factual recall

  11. Karnataka’s hijab row: A rollback, at last

    The Karnataka government has rolled back its controversial 2022 order that barred hijab-donning girls from entering classrooms in schools and pre-university colleges. This decision, a manifesto promise of the ruling Congress party, reverses a policy that had led to widespread protests and legal challenges, reaching both the Karnataka High Court and the Supreme Court.

See also

Freedom of Religion and Essential Religious Practices Doctrine
Right to Education and State Regulation of Educational Institutions

Past papers

In the news

thehindu.com

Karnataka’s hijab row: A rollback, at last

The Karnataka government has rolled back its controversial 2022 order that barred hijab-donning girls from entering classrooms in schools and pre-university colleges. This decision, a manifesto promise of the ruling Congress party, reverses a policy that had led to widespread protests and legal challenges, reaching both the Karnataka High Court and the Supreme Court.

Try these PYQs

UPSC Prelims 2025 easy Indian Polity Open full page

Consider the following pairs:

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How many of the above pairs are correctly matched?

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Consider the following statements:
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Which of the statements given above is/are correct:

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Consider the following statements:

1. Aadhaar metadata cannot be stored for more than three months.
2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
3. Aadhaar is mandatory for obtaining insurance products.
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Which of the statements given above is/are correct?

UPSC Prelims 2023 medium Indian Polity Open full page

Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
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Which one of the following is correct in respect of the above statements?

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With reference to the writs, issued by the Courts in India, consider the following statements:

1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
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Which of the statements given above are correct?

Show 3 more PYQs
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A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

UPSC Prelims 2023 hard Indian Polity Open full page

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?

UPSC Prelims 2023 hard Indian Polity Open full page

Consider the following statements :
1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.

How many of the above statements are correct?