Direction for the following 6 (six) items: Read the following five passages and answer the items (61-66) that follow. Your answers to these items should be based on the passages only.

In Part III of the Constitution, which assures people certain fundamental rights, Article 25 proclaims that “all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion”. What people fail to notice is that this proclamation is prefixed with the words “subject to public order, morality, health and to the other provisions of this Part”, which set conditions precedent for the legal protection of religious practices of any community. The closing words of this prefatory rider in Article 25 virtually constitute a subordination clause placing other fundamental rights mentioned in Part III over and above the right to religious freedom. Among those other fundamental rights is the right to equality before law and equal protection of laws-assured at the outset and elaborated in later articles to mean, inter alia, that the State shall not deny equal protection of laws to any person or group of persons on the basis of religion alone.

What is the most logical inference from the above passage?

Correct Answer: Religious freedom under the Constitution is open to State intervention.

Step-by-Step Explanation:

Step 1: Analyze the passage
The passage explicitly discusses Article 25 of Part III of the Constitution, which guarantees fundamental rights, including religious freedom. However, it highlights a crucial qualification: the right to freedom of conscience and religion is “subject to public order, morality, health and to the other provisions of this Part”. Furthermore, it points out that the rider places other fundamental rights (such as equality before the law) above the right to religious freedom.

Step 2: Evaluate the options against the passage

• Option 1: “State shall not interfere with the religious affairs of the citizens.” - Incorrect. The passage clearly explains that religious rights are conditional and subordinate to public order, health, morality, and equality laws, meaning the State can intervene under these conditions.
• Option 2: “Religious freedom under the Constitution is open to State intervention.” - Correct. Since religious freedom is subject to public order, health, morality, and other fundamental rights, the State has legal grounds to restrict or regulate religious practices when necessary.
• Option 3: “Religious freedom of the citizens is not covered under fundamental rights.” - Incorrect. The passage states that Article 25 is in Part III of the Constitution, which deals directly with fundamental rights.
• Option 4: “Religious practices of any community are immune to State laws.” - Incorrect. The passage specifically mentions that public order, health, morality, and other fundamental rights set conditions precedent for the protection of religious practices, meaning they are not immune to state regulation.

Conclusion:
The most logical inference is that religious freedom is not absolute and is subject to limitations and regulations by the State under specified Constitutional conditions.