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Relevance: GS-II (Polity & Constitution: Fundamental Rights, Role of Judiciary) Source: Judicial Rulings & Constitutional Updates, August 2026

1 · Context and Issue

The Allahabad High Court recently dismissed a student’s plea challenging a private school’s dress code that restricted wearing a hijab in classrooms. The petitioner argued that denying the headscarf violated her freedom of expression and personal liberty under Articles 19 and 21.
However, the court rejected the plea, noting it was a “bare assertion” without authoritative religious proof showing the hijab was an mandatory classroom requirement. This case brings to light a profound constitutional debate: How should courts decide whether a personal religious practice deserves special legal protection?

2 · Understanding the Legal Journey

Step 1: The School Dress Code Plea
A student approaches the court arguing that wearing a hijab is her fundamental right to personal liberty and free expression in school.
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Step 2: The ERP Test Application
The court examines the case through the judicial “Essential Religious Practice” test to see if the practice is strictly mandatory in the faith.
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Step 3: The “Bare Assertion” Dismissal
Because the petitioner provided no authoritative religious texts or expert evidence, the court dismissed the plea.
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Step 4: Institutional Autonomy
The ruling reinforces that schools have the legal right to enforce uniform guidelines, and past leniency does not create a permanent exemption.

3 · Key Constitutional Concepts

ERP Doctrine
Essential Religious Practice
Formulated in the 1954 Shirur Mutt case. Courts decide if a practice is so vital that its absence would fundamentally alter the character of the religion.
Article 25
Freedom of Religion
Guarantees freedom of conscience and worship, but explicitly subject to public order, morality, health, and other fundamental rights.
Article 19(1)(a)
Freedom of Expression
Petitioners frequently argue that personal clothing and attire are valid forms of individual expression protected against arbitrary government limits.
Institutional Autonomy
School Discipline
The administrative right of educational institutions to set neutral rules, maintain discipline, and enforce unified standards for all enrolled students.

Prelims Quick Facts: Landmark Cases & Articles
Shirur Mutt Case (1954) A landmark 7-judge Supreme Court bench ruling that officially laid down the ‘Essential Religious Practice’ doctrine.
Karnataka HC Ruling (2022) Ruled that wearing a hijab does not constitute an essential religious practice in Islam, heavily influencing subsequent court decisions.
SC Split Verdict (2022) The Supreme Court delivered a split verdict on the hijab issue, reflecting deep judicial divergence on personal liberty versus institutional rules.
Article 26 Grants religious denominations the autonomy to manage their internal religious affairs, subject to public order, morality, and health.

MCQ Practice Question
Q. With reference to the ‘Essential Religious Practice’ (ERP) doctrine and fundamental rights in India, consider the following statements:

  1. The ERP doctrine was originally formulated by the Supreme Court in the landmark Shirur Mutt case of 1954.
  2. Freedom of religion under Article 25 is absolute and cannot be restricted by the State on grounds of public order or morality.
  3. The judiciary applies the ERP test to determine whether a specific religious practice is integral to a faith before granting it constitutional protection.

Which of the statements given above is/are correct?
(a) 1 and 2 only    (b) 2 and 3 only    (c) 1 and 3 only    (d) 1, 2 and 3

Answer: (c) 1 and 3 only

  • Statement 1 — Correct: The 1954 Shirur Mutt judgment by a 7-judge bench established the foundational parameters of the Essential Religious Practice doctrine.
  • Statement 2 — Incorrect (the trap): Article 25 is not absolute. It is explicitly subject to public order, morality, health, and other provisions of Part III of the Constitution.
  • Statement 3 — Correct: Courts use the ERP test to examine whether a religious custom is integral to the religion’s character before extending special constitutional safeguards.
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