Constitutional Framework
Article 25 and Article 300A
Two constitutional provisions are directly in tension in this judgment. Article 25 guarantees the fundamental right to freedom of conscience and freely profess, practise, and propagate religion, subject to public order, morality, and health and to other provisions of Part III. Article 300A (inserted by the 44th Constitutional Amendment, 1978) states that no person shall be deprived of his property save by authority of law — it is no longer a fundamental right (removed from Part III by the 44th Amendment) but remains a constitutional right enforceable under Article 226.
- Article 25(1): Freedom of religion is subject to "public order, morality and health" and to other fundamental rights — courts have consistently held that the right to worship does not extend to protect the physical structure of a place of worship from lawful acquisition.
- Article 25(2)(b): The State may make laws providing for social welfare and reform or throwing open Hindu religious institutions to all classes — this clause has been used to uphold acquisition of temple properties as well.
- Article 300A: A person can be deprived of property only by "authority of law" — acquisition under RFCTLARR Act 2013 satisfies this requirement because it is statutory and provides compensation. Hence no constitutional bar under 300A.
- Eminent domain doctrine: Derived from Articles 300A and 31A; the State's sovereign power to acquire property for public purpose with compensation is inherent; religious status does not immunise a property from the State's eminent domain.
- 44th Amendment, 1978: Removed the right to property from the list of fundamental rights (previously Article 31); made it a constitutional right under Article 300A, making it easier for the State to acquire property by law.
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