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2018 (9) TMI 2082 - SC - Indian LawsPlaces of religious worship can be acquired under the State's sovereign power of acquisition or not - violation of Articles 25 or 26 of the Constitution or not - whether right to practice, profess and propagate religion guaranteed Under Article 25 does not extend to the right of worship at any and every place of worship? - protection Under Articles 25 and 26 of the Constitution is to religious practice which forms an essential or integral part of the religion or not - whether a practice may be a religious practice but not an essential and integral part of practice of that religion? - reference to the Larger Bench. HELD THAT:- Considering the Constitutional importance and significance of the issues involved, the following need to be referred to a larger Bench: (a) Whether in the light of Shirur Mutt and other aforementioned cases, an essential practice can be decided without a detailed examination of the beliefs, tenets and practice of the faith in question? (b) Whether the test for determining the essential practice is both essentiality and integrality? (c) Does Article 25, only protect belief and practices of particular significance of a faith or all practices regarded by the faith as essential? (d) Do Articles 15, 25 and 26 (read with Article 14) allow the comparative significance of faiths to be undertaken? The Registry is directed to place this matter before the Hon'ble Chief Justice of India for appropriate orders.
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