What do you mean by 'doctrine of essentiality'? How has judiciary used this doctrine to address conflicts between fundamental rights? Explain with examples.
Introduction
Doctrine of essentiality means Practices and Values which Form core of the religious Belief & practice.
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Main Body
Doctrine of essentiality means Practices and Values which Form core of the religious Belief & practice. The doctrine is used by judiciary to assess merit of individual right vis à vis collective religious right—(+) Judiciary & its use of Doctrine of essentiality: (1) Sabarimala case—applied doctrine to assess practice banning entry of women between 15-59 into Sabarimala temple. Supreme court observed that Ban on women entry doesn't constitute 'essential' practice and allowed entry of women Irfs temple Premises. [14 Equality] The ensured, Individual right—(Golden triangle of rights of equality, expression and life with dignity resolving conflict between A14 > 19 & 21 Vs RS- collective religious rights
Conclusion
India's model of secularism rests on equal respect and promotion of all religion. Doctrine of essentiality encompass secgious rights under A25—28 along with upholding of Values under 14, 21 & 21
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MUTHUARASI M
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Doctrine of essentiality and judiciary's use
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