JEMTEC

  Indian constitution follows separation of powers in a flexible manner such that three organs of state can keep a check on each other so that fundamental rights that are guaranteed under Indian Constitution are not violated.   Judicial activism is among such form under with judiciary not only performs function of interpreting the laws but also interferes with sphere of legislature and executive to uplift minority section of society. Now days such approach is frequent in cases related to freedom of Religion under Article 25 of Indian Constitution? On one hand            Indian Constitution gives the freedom to citizens to practise and propagate any religion but on the other hand judiciary can interfere when such rituals are against fundamental rights or health or public morality. For instance Supreme Court evolved the doctrine of ‘Essential Religious Practise ‘in case of The Commissioner, Hindu Religious Endowments, Madras v. Shri Lakshmindar Tirtha Swamiyar of Shri Shirur Mutt which