DENOMINATIONAL RIGHTS AND GOVERNMENT CONTROL

PROPOSAL SUBMITTED BY
NAME : SAHIL VERMA
ROLL NO. : 2148
SEMESTER: 5TH
YEAR : 2019-2024
COURSE : B.A., LL.B. (HONS.)
PROPOSAL SUBMITTED TO
Prof. Dr. ANIRUDH PRASAD
FACULTY OF CONSTITUTIONAL LAW - I

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE TITLED

COURSE

CONSTITUTIONAL LAW - I

JULY 2021

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITTHAPUR, PATNA-800001

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 INTRODUCTION

During the Middle Ages, in Europe, the Christian religion determined the position of the state
as well as the position of the Church. Religion gave state authorities and state power its
legitimacy, and the government was the protector of the Christian faith. Freedom of religion
and the principle of equality play important roles, when answering questions about the
meaning of religion in a state.

Religious Denomination

Freedom of religion has its trace in the very preamble.

i.e. India is a Secular state

The very word secular was added in the preamble by 42 nd Ammendment Act, 1976. India has
adopted for positive secularism. It believes in all the religion and follows not promoting or
demoting any of them.

As the Constitution of India does not define religious denomination, judicial pronouncements
are to be considered for understanding what qualifies as a religious denomination. In SP
Mittal v. Union of India,1 the apex court laid down three conditions that need to be fulfilled
by a religious denomination:

1. Collection of Individuals having a common faith.

2. A common organization.
3. Designation by a distinctive name.

Examples of religious denomination

In Hinduism, there is Shaivism, Shaktism, Vaishnavism, etc. as common denominations. In

Islam, Shia and Sunni are the two well-known denominations. However, Hindu worshipers of
Lord shiva are not religious denominations. 2

1
1983 AIR, 1 1983 SCR (1) 729
2
Sri Adi Visheshwara Of Kashi vs state of up, MANU/SC/1164/1997

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Sects or Sub-Sects of a Religion

The denomination can also be used for forming sect or sub-sect of a religion designated by a
distinctive name.

Examples of sects or sub-sects which are a religious denomination:

1. Vaishnavism sect in Hinduism.

2. Ramakrishna Math or Ramakrishna Mission.
3. Shia, Hanafi and Chishti sects in Mohammedan law.
4. Ananda Marg.

Examples of sects or sub-sects which are not a religious denomination:

1. Aurobindo Society.
2. Followers of Ayyappa .

Aims and Objective

1. The researcher tends to throw some light on relation between Art. 25 & 26.
2. To study about religious instructions and study of religion.
3. To study landmark case laws.

Hypothesis
Restrictions on denominational rights is necessary for well-being of society.

Research Methodology
The researcher will be relying upon only doctrinal method of research to complete their
project.

Sources
The researcher will be relying upon secondary sources only to complete their project.

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 TENTATIVE CHAPTERIZATION

1. INTRODUCTION
 Religious Denomination
 Sects or Sub-Sects of a Religion
2. SECULARISM & ARTICLE 14
3. RELATION OF ARTICLE 25 & 26
 Article 25
 Freedom of conscience
 Right to profess religion
 Right to practice religion
 Article 26
 Limitations
 Subject to public order morality & health
 Article 25(2)
 Article 26(d)
4. MAJOR PROVISION FOR SECULARISM
5. RELIGIOUS INSTRUCTIONS IN EDUCATIONAL INSTITUTIONS
 Difference Between Religious Instruction & Study of Religion
6. CONCLUSION

BIBLIOGRAPHY

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