INQUIRY INTO THE ESSENTIAL RELIGIOUS PRACTICE DOCTRINE IN INDIAN CONSTITUTIONAL LAW

AUTHOR – NIRANJEN SUBBU M S, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – NIRANJEN SUBBU M S, INQUIRY INTO THE ESSENTIAL RELIGIOUS PRACTICE DOCTRINE IN INDIAN CONSTITUTIONAL LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 93-104, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Essential Religious Practice (ERP) doctrine has emerged as one of the most influential yet contested judicial principles governing religious freedom in Indian constitutional law. Developed by the Supreme Court, the doctrine attempts to distinguish between practices that are “essential” to a religion and those that are merely secular or non-essential, thereby determining the extent of constitutional protection under Articles 25 and 26 of the Constitution of India. The study critically examines the conceptual inconsistencies and methodological challenges embedded in the doctrine, particularly the role of courts in determining theological essentiality. It argues that the ERP test has gradually shifted from a jurisdictional boundary between religion and secular regulation to an instrument of judicial intervention in matters of faith. The research further identifies issues such as judicial overreach, inconsistency in application, and the “inversion of agency” that compels individuals to frame personal choices as religious obligations. In response to these shortcomings, the paper evaluates alternative approaches, including the anti-exclusion principle and a sincerity-based proportionality framework, advocating for a more rights-oriented method of adjudicating religious freedom claims within India’s constitutional framework.

Keywords: Essential Religious Practice Doctrine; Religious Freedom; Constitutional Morality; Judicial Review; Indian Constitutional Law