'Demand For Public Holidays Is Not Included In The Right To Religious Freedom', Important Decision Of The Supreme Court
The Supreme Court has rejected the demand for public holidays on religious occasions. The Court said that religious freedom under Article 25 does not include the right to demand a public holiday. This is a policy decision of the government.
The Supreme Court rejected the demand for public holiday on religious occasions. (file)
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Mala Dixit, New Delhi. The Supreme Court has given an important decision on the demand for declaration of public holiday on religious occasions. The Court has said that the fundamental right to religious freedom granted under Article 25 of the Constitution does not include the right to demand declaration of a public holiday on any religious occasion. Declaring a public holiday is a policy decision of the government.
The court also emphasized that as a developing nation, India should give priority to productivity and continuity of work. Along with this, the court rejected the demand to declare the birth anniversary (Prakash Parv) of Guru Gobind Singh as a public holiday (gazetted holiday) in the entire country.
Not only this, the top court said that the principles of Sikhism lay special emphasis on remembrance, honest labor and selfless service. The life of Guru Gobind Singh Ji is an example of courage, discipline and unwavering commitment to duty. Expressing immense respect and reverence for Guru Gobind Singh Ji, the Court said that his life was a tireless struggle for justice and discharge of worldly duties.
In this context, perhaps the best way to honor his legacy is to sincerely perform one's duties towards the society and the nation and not to merely demand reverence and make some token display of respect.
Court rejected the petition
This decision was given by the bench of Justice Vikram Nath and Sandeep Mehta while rejecting the petition filed by All India Shiromani Singh Sabha. The court said that the sentiment behind the writ petition is respectable but it does not become a justified basis for judicial interference in the writ filed under Article 32. The petition sought to declare the Prakash Parv of the tenth Sikh Guru, Guru Gobind Singh Ji, as a gazetted holiday in the entire country.
Declaring public holidays is within the jurisdiction of the executive – Court
The court said that declaring a public holiday completely falls within the jurisdiction of the executive and the court's interference in it is not appropriate. Rejecting the argument of religious freedom found in Article 25, the bench said that while on the one hand freedom of religion gives every person the right to profess, practice and propagate his religion, on the other hand it does not extend to the right to get any religious occasion recognized by the State as a mandatory public holiday throughout the country.
The court said that India's federal structure allows states to take different decisions. The material presented by the states shows that the determination of public holidays is based on local needs and socio-cultural factors. The court said that it is appropriate to leave this work to the discretion of the executive. Article 14 (right to equality) accepts rational differences.
Difference cannot be considered discrimination- Court
The court also acknowledged that in a diverse country like India, holidays are already given on many religious occasions. Holidays are determined in individual states according to local conditions and cultural needs, which is part of the federal structure. Therefore, difference in this cannot be considered as discrimination.
The court said that granting the relief sought could lead to a flood of similar demands from different groups. As a result, there will be impractical extension of public holidays and governance and administrative work will be adversely affected.
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