The constitutional fault line over religious practice (1950–present)
India's constitution guarantees the right to freely profess, practice and propagate religion, but makes that right subject to public order, morality and health. Courts have long drawn a distinction between the right to profess a faith and the right to practice it in a particular manner, with the latter more firmly limited by law.
The distinction gave the state room to regulate religious practice in the name of public order.
It underpins the legal reasoning that state anti-conversion laws may be constitutional even where voluntary conversion remains a protected right.
The Maharashtra act sits directly on this fault line, and the Supreme Court's pending cases will test where the line now falls.
