Individual Religious Freedom is Subject to Other Fundamental Rights

(2019) 7 SCC Part-4 J-29

8 Pages Posted: 5 Feb 2020

Date Written: September 2019

Abstract

Individual religious freedom under Article 25(1) is subject to other fundamental rights provisions in the Indian Constitution. Therefore, if and when the right under Article 25(1) comes into conflict with any other fundamental right (e.g. Articles 15(2), 17, 21, 23, etc.), it will straightaway get trumped by that other fundamental right without there being any need for a balancing exercise. This is because only equal rights are 'balanced'; rights placed lower in a hierarchical structure simply get 'trumped'. In this paper, I defend this proposition and explore some scenarios in which such 'trumping' would occur.

Keywords: Constitution of India, Freedom of religion, Individual religious freedom, Religious freedom, Article 25, balancing, trumping, hierarchy of rights

Suggested Citation

Bhardwaj, Shrutanjaya, Individual Religious Freedom is Subject to Other Fundamental Rights (September 2019). (2019) 7 SCC Part-4 J-29. Available at SSRN: https://ssrn.com/abstract=3517936

Shrutanjaya Bhardwaj (Contact Author)

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