In Brief
The Supreme Court examined whether ex-communication (Baraat) practiced by the Dawoodi Bohra community is constitutionally protected under Article 26(b). While a 1962 Constitution Bench held it protected, the Court found that decision required reconsideration in light of evolved constitutional morality—grounded in dignity, liberty and equality. The Court held that Article 26(b) rights are subject to morality understood as Constitutional morality and must be balanced against Article 21 (right to dignity). This balance was not undertaken in the 1962 case. The petition was tagged with a pending nine-Judge Bench review on the scope of Article 26 vis-à-vis other fundamental rights and the definition of constitutional morality.
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