Question Q7GS2GS2

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.

16 words

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

2Karnataka—Highcourt Banned Hijab in educational Institution => Observing Hijab practice clearcut Form essential practice and also limits women's bodily right. (3) Doctrine of essentiality also Places limitation on Religious practices on grounds of Public morality; health. (9) Primarily General mutilation by Bohra community on ground of Public health ensuring women's right to life. A (8) and DPS related to Improving public health. 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

— MUTHUARASI M · AIR 225

201 words1 paragraphs

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

31 words

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Topper

MUTHUARASI M

AIR 2252025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Fundamental Rights

Doctrine of essentiality and judiciary's use

Writing Stats

248

Total words

Paragraphs

analytical

Tone

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