Senior Counsel Rajiv Dhawan argued on the basis of the doctrine of essential practices.
The Supreme Court of India on March 14 resumed hearing
the Ram Janmabhoomi-Babri Masjid (RJBM) appeal. The Court dismissed all
the Interlocutory Applications filed by parties to the 13 appeals as
well as by third parties. The bench further directed the registry not to
accept any applications from third parties. Senior Counsel Rajiv Dhawan
then resumed his arguments, the main crux of which was based on the
doctrine of essential practices.
The doctrine of essential practices as developed by the Supreme Court is designed to enforce secularism in the Indian context. This doctrine lays down that State legislation can regulate all religious practices, other than the ones essential for the performance of religious worship. The bench had asked the Senior Counsel if the decision in Ismail Faruqui v Union of India should be referred to a five judge Constitution Bench for reconsideration. The Ismail Faruqui case was one of the first cases to be decided on a matter related to the RJBM issue. In this case it was held that the State could acquire the disputed property until the matter was finally adjudicated. [ . . . ]
https://www.newsclick.in/ram-mandir-babri-masjid-case-should-supreme-court-expand-secularism
The doctrine of essential practices as developed by the Supreme Court is designed to enforce secularism in the Indian context. This doctrine lays down that State legislation can regulate all religious practices, other than the ones essential for the performance of religious worship. The bench had asked the Senior Counsel if the decision in Ismail Faruqui v Union of India should be referred to a five judge Constitution Bench for reconsideration. The Ismail Faruqui case was one of the first cases to be decided on a matter related to the RJBM issue. In this case it was held that the State could acquire the disputed property until the matter was finally adjudicated. [ . . . ]
https://www.newsclick.in/ram-mandir-babri-masjid-case-should-supreme-court-expand-secularism
