PART 3: FUNDAMENTAL RIGHTS A 25 TO 28 PRESENTED BY: AADITYA MISHRA
Collection: Unique and Innovative approach to understanding the Indian Constitution About me: Graduation from NIT, Bhopal- 2015 Wrote Mains, 2015 Follow me: https://unacademy.in/ user/AadityaMishra Pdf of this lesson is available at ISSUU.COM (link in the description below)
A 25 TO 28: Right to Freedom of Religion
A25: Freedom of conscience and free profession, practice and propagation of religion. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law— (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion. Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
A25 Let’s Simplify •
A 25 is provided to individuals or to groups ? compare with A 26
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Establishes equality of all religions or treating all religions as equal (not equally) thereby establishes 1 of the conceptions of Indian Secularism (Mains & Interview: How is Indian secularism different from West; Does all countries in the West have same type of secularism)
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A25 guarantees => 1. freedom of Cons. 2. R 2 P,P & P (does it include R2 conversion: MAINS)
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Restrictions => PO, M, H, (A 14,15,18,19 etc.) i.e Other Provisions of Part 3 of Ind ©
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State can by law => regulate or restrict any eco,financial,pol & secular activities or in other words state can regulate the “non essential” practices ( but who should decide whether the practice is essential or not; are Judges the sole authority to decide this; so arent’s the judges becoming priests themselves, is it not “judiciopapism” i.e judiciary that encroaches on more domains, even for causes we consider as desirable and good, but will it not lead to more “reactive conservative elements” coming to fore )
Why US army allows Sikh Soldier to wear Turban and not the French army ? Why is Hijab banned in France, Belgium, Switzerland and not in other western countries like USA ?
A25 Let’s Simplify •
State can make laws for=> social welfare; reforms; & throwing open of HRI •
Which of the following is justified under A25 of © •
Hindu Marriage Act, 1955
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Prevention of Sati Act, 1987
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Prohibition of Child Marriage Act, 2006
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Karnataka Devadasis Prohibition Act, 1982,
A 26 Freedom to manage religious affairs.
A 26: Freedom to manage Religious Affairs Vs A 25 PO,M,H and Vs A 25 every other Part 3 provisions
person
Subject to public order, morality and health, every religious denomination or any section thereof shall have the right— (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law.
A 26 Mains Related •
Does R2 establish and maintain provides R 2 administer such institutions (AMU controversy, S.Azzez Basha case, 1968, SC held that AMU was not estb by Muslim Minorities but by ℗ and hence no right to administer it under A 30; Later ℗ in 1981 passed an amendment act which explicitly mentions that we recognise AMU as minority inst, But the Allahabad High Court in January 2006 struck down the provision of the AMU (Amendment) Act, 1981, according minority status to the university.
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What is a minority educational institution, what are the Frts regarding this, benefits of being a MED {{{{{{A15, A30, preservations of language and culture, decide rational fee structure, % of minority students( <50% if aided), govt cannot take over mgmt of these, R2 seek affiliation as they feel, R of non taking over of mgmt by Govt, R that no reservation may be imposed on them, R 2 establish own governing body, appoint staff, take disciplinary actions etc.}}}}}}
A 27 Freedom as to payment of taxes for promotion of any particular religion. 27. No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. Just remember that though TAX cannot be extracted but FEES can be taken which is required for meeting out the expenses of the State for regulating the secular administration of religious institutions. POINTS TO PONDER => Haj subsidy bill 500+ crore, cost of conducting Khumbh Mela, Samhista etc. also 1000+ crore, Goan Christians subsidised trip to Sri lanka, Hinduâ&#x20AC;&#x2122;s to kailash mansarovar Yatra etc.
A 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions. •
4 types of educational institutions •
Wholly maintained by State funds => no religious instruction
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administered by state but estb under endowment or trust => religious instructions can be given
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Educational institutions recognised by state => religious instruction may be imparted but Person cannot be forced to attend that unless by consent
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Educational institutions receiving aid from State => religious instruction may be imparted but Person cannot be forced to attend that unless by consent
Updates •
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Next lesson I would try to discuss the notions of Indian secularism, how it is different from Western notion etc.
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We will also discuss a few questions with regards to Mains from this section.
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