Indian Ecclesiastical Jurisprudence

Ecclesiastical Jurisprudence in India revolves around exposition of Constitutional Guarantees under Articles 25 and 26 as made from time to time. The development of this branch of jurisprudence primarily arises out of claimed rights of religious groups and denominations to complete autonomy and prerogative of exclusive determination of essential religious practices.

A decision on such claims becomes the duty of a Constitutional Court… performance of such tasks is not enjoined in Court by virtue of any Ecclesiastical Jurisdiction conferred on it but in view of its role as a Constitutional Arbiter. 

A religious denomination does not have ‘complete autonomy’ in deciding what is essential to its religion… However, exercise of judicial power to determine essential religious practices, though always available being an inherent power to protect guarantees under Articles 25 and 26, exercise thereof must always be restricted and restrained.”

– Hon’ble Justice Ranjan GogoiAdi Saiva v. Government of Tamil Nadu, [Writ Petition (Civil) No. 354 of 2006].

_____

The word ‘anathema’ has been defined as, ‘something one vehemently dislikes’. The word has its origin in Greek in which language it meant, ‘thing devoted to evil’. Black’s Law Dictionary defines ‘anathema’ as an ecclesiastical curse that prohibits a person from contact with a church.

Hon’ble Justice Ujjal Bhuyan, Confederation of Real Estate Developers of India v. Vanashakti, [Diary No. 41929 of 2025 in Writ Petition (Civil) No. 1394 of 2023] decided on 18.11.2025.