In which one of the following cases, the Supreme Court heavily relied upon the Directive Principles of State Policy contained under Article 48 of the Constitution of India to uphold a state law which was challenged as a violation of Fundamental right to religious freedom?
A. State of Gujarat v. Mirzapur Moti Qureshi
B. P. A. Inamdar v. State of Maharashira
C. Forum, Prevention of Environmental and Sound Pollution v. Union of India
D. Sube Singh v. State of Haryana
Answer: Option A
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MIRZAPUR MOTI KURESHI CASE- A LANDMARK JUDGEMENT ON THE QUESTION OF BANNING COW SLAUGHTER
Courts view
The directive in Art. 48 for taking steps for preventing the slaughter of animals is quite explicit and positive and contemplates a ban on the slaughter of the several categories of animals specified therein, namely, cows and calves and other cattle which answer the description of milch or draught cattle. The protection is confined only to cows and calves and to those animals which are presently or potentially capable of yielding milk or of doing work as draught cattle but does not extend to cattle which at one time were milch or draught cattle but which have ceased to be such. The directive principles of State policy set out in Part IV of the Constitution have to conform to and run as subsidiary to the fundamental rights in Part 111.
State of Madras v. Smt. Champakam Dorairajan, [1951] S.C.R.
525, followed.
The ban on the slaughter of cows even on the slaughter day did not violate the fundamental rights of the petitioners under Art. 25 as it had not been established that the sacrifice of a cow on that day was an obligatory overt act for a Mussalman to exhibit his religious belief and idea.Ratilal Panachand Gandhi v. The State of Bombay, [1954]
S.C.R. 1055, applied.