Commissioner HRE v. Shirur Mutt (1954)

Constitutional Law I · Freedom of Religion — Articles 25–28

Facts.

A Madras law gave the State wide powers to control the administration and even the finances of the Shirur Mutt, a religious institution. The head of the mutt challenged the law as an interference with religious freedom.

Issue.

How far may the State regulate a religious institution, and which religious activities are protected under Articles 25 and 26?

Held.

The Court distinguished essential religious practices — matters of doctrine, ritual and observance, which are protected — from the secular activities associated with religion (such as management of property and finances), which the State may regulate. What is “essential” is decided by reference to the tenets of the religion itself.

Why it matters.

It is the origin of the essential religious practices doctrine, the test the courts still use to decide which religious claims receive the highest constitutional protection.

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