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RELIGIOUS AUTONOMY V. JUDICIAL INTERVENTION: DEFINING ESSENTIAL RELIGIOUS PRACTICES IN INDIAN CONSTITUTIONAL LAW

RELIGIOUS AUTONOMY V. JUDICIAL INTERVENTION: DEFINING ESSENTIAL RELIGIOUS PRACTICES IN INDIAN CONSTITUTIONAL LAW Sukhman Kapoor, 3rd year B. Com LL.B (Hons.) Student at University Institute of Legal Studies, Panjab University Chandigarh Download Manuscript Religious autonomy is one of the essential pillars of Indian democracy, and the nation is responsible for guaranteeing the same access to every citizen. Despite the fundamentality and pivotal nature of religious freedom, it cannot be categorized as an absolute right of the individual or community. The same has been subject to reasonable restrictions which can be better ensured by judicial intervention and interpretation whenever required. The balance between religious autonomy and judicial intervention in India is a complex and evolving issue, especially in safeguarding constitutional rights while respecting religious traditions.  The Doctrine of Essential Religious Practices (ERP), formulated by the judiciary, determines which religious practices are fundamental to faith and deserve constitutional protection. Judicial intervention in religious matters often stirs controversy, as seen in landmark cases like Sabarimala and Triple Talaq, where the courts ruled against traditional practices in favor of gender equality and fundamental rights. These rulings underscore the judiciary’s role in ensuring that religious customs do not violate constitutional principles like justice, equality, and non-discrimination. Despite this, critics argue that such interventions infringe on religious autonomy, as the courts assume the authority to define what constitutes essential religious practices. The paper highlights the importance of a balanced approach, advocating for judicial intervention to be applied judiciously to protect individual rights while honoring religious traditions.  By thoughtfully addressing these tensions, the courts can ensure that religious practices are compatible with the values of a modern, diverse society, without compromising the core principles of religious autonomy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,279-1,296. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY

IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY Devika Reshma, Student at Symbiosis Law School, Hyderabad. Download Manuscript ABSTRACT After attaining Independence from the Britishers in 1947, India was successful in inheriting the best administrative structure compared to all the emerging countries with its morally upstanding and committed public service. However, with time, this moral structure was soon corrupted with commissions of administrative malpractices that changed the administrative bodies’ very foundation. Observing morality as a concept in governance has been a concern for Indians since immemorial. Most often, the moral aspect is tainted with the nature of political, judicial, and administrative corruption in India that has regressively affected the performance standard within the bureaucratic system. India has also witnessed extensive misuse of legal and constitutional machinery by highly placed ministers of the government and other authorities who began to rock the moral structure of the nation since the very first decade of Independence. One question that is often asked is how such administrative malpractices affect the bureaucratic morality of the country, which will be dealt with in this research article. The article will also focus on a comparative analysis of the impact of administrative malpractices on the bureaucracy in India and other developed nations. Finally, this article shall conclude by finding out what steps must be taken to keep such administrative bodies under control to ensure the morally upstanding structure created by the country stands strong. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 219 – 228. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY ONLINE MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT, 2019 THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS EXPLORING THE NEED FOR A POST-WTO FRAMEWORK CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL A SPOTLIGHT ON UNLAWFUL ACTIVITIES PREVENTION ACT, 2019

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