Cases For Moot
Cases For Moot
Cases For Moot
Sahara India Real Estate Corporation Limited & Ors. v. Securities and Exchange Board of India &
Anr.42 had highlighted the role of this Court as an institution tasked with balancing the various
Fundamental Rights, guaranteed under Part III. It was noted that: “25. At the outset, it may be stated
that Supreme Court is not only the sentinel of the fundamental rights but also a balancing wheel
between the rights, subject to social control…under our Constitution no right in Part III is absolute.
Freedom of expression is not an absolute value under our Constitution. It must not be forgotten that
no single value, no matter exalted, can bear the full burden of upholding a democratic system of
government. Underlying our constitutional system are a number of important values, all of which
help to guarantee our liberties, but in ways which sometimes conflict. Under our Constitution,
probably, no values are absolute. All important values, therefore, must be qualified and balanced
against other important, and often competing, values.” The Constitutional necessity of balancing
various Fundamental Rights has also been emphasised in the decision of this Court in Subramaniam
Swamy v. Union of India, Ministry of Law & Ors.43. In Acharya Maharajshri Narendra Prasadji
Anandprasadji Maharaj & Ors. v. The State of Gujarat & Ors.44,
21. The Court held that the issue whether the practises were an integral part of the religion or
not had to be decided on the basis of evidence. The High Court relied on the decision of this
Court in Tilkayat Shri Govindalji Maharaj v. State of Rajasthan (supra) wherein it was held
that the question whether the practise is religious in character, and whether it can be
regarded as an integral or essential part of the religion, will depend upon the evidence
adduced before a court, with respect to the tenets of the religion
22. In Venkataramana Devaru & Ors. v. State of Mysore & Ors. (supra), this Court had observed
that Gods have distinct forms ascribed to them, and their worship at home, and in temples,
is ordained as certain means of salvation.