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Showing contexts for: basic structure constitution in Shaikh Zahid Mukhtar vs The State Of Maharashtra Through ... on 6 May, 2016Matching Fragments
It is for the State to justify the law by showing that the infringement of right to practice religion under Clause (1) of Section 25 can be saved on the ground of morality, public health and any other ground. She submitted that the Petitioner has produced documentary evidence to show the decline of use of cattle for agricultural purposes. She submitted that as held in the case of S.R. Bommai & Others v. Union of India & Others25, secularism forms a part of basic structure of the Constitution. The submission is that violation of Article 25 would be tantamount to a violation of the basic structure of the Constitution. It is submitted that by banning the slaughter of cow and her progeny, the State is favouring one religion against other under the guise of Article 48 of the Constitution of India. The submission is that in the case of State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat, the issue of violation of Article 25 of the Constitution of India was not considered.