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The High Court lacks jurisdiction to entertain a constitutional petition challenging municipal by-laws when other adequate means of redress, such as judicial review, are available under law. Section 8(2) of BRADEA acts as a bar to such petitions, regardless of whether the challenge is to the substance or procedure of the by-laws.
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The preliminary objections raised by the respondents do not meet the threshold of pure points of law as required by the Mukisa Biscuits case. The challenge to subsidiary legislation is amenable to judicial review, the issue of Board resolution is factual, and the question of cause of action requires evidence. Therefore, the preliminary objections are dismissed.
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The Court held that the right to freedom of religion under Article 19(1) is triggered by a genuine, sincere, and conscientiously held belief. The Circular compelling students to sing the National Anthem was not validly issued as delegated legislation, lacked the force of law, and could not lawfully serve as a restraint on the appellants' religious freedom. Disciplinary actions based on the Circular, including expulsion and suspension, were unlawful and violated both the right to freedom of religion and the right to education.
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The Education Circular compelling students to sing the National Anthem lacked force of law, was not validly issued or published as required, and could not lawfully override the appellants' sincerely held religious beliefs protected under Article 19(1) of the Constitution. Disciplinary actions based on the Circular were unlawful and violated both the right to freedom of religion and the right to education.
Source excerpt
The Education Circular No. 4 of 1998 was not lawfully issued under the National Education Act, lacked the force of law, and could not be used to compel students to sing the National Anthem or justify disciplinary action against them. Compelling the appellants to sing the National Anthem against their sincerely held religious beliefs violated their right to freedom of religion under Article 19(1) of the Constitution. The resultant expulsions and suspensions were unlawful.
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