Question Details

To maintain the secular character of the Indian polity, not only does the Constitution of India guarantee freedom of religion to individuals and groups, but it is also against the general policy of the Constitution of India that any money be paid out of the public funds for promoting or maintaining any particular religion. Accordingly, it is provided in the Constitution of India that 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. This does not prohibit the State from enacting a law to incur expenses for the promotion or maintenance of any particular religion or religious denomination, but by such law, no person can be compelled to pay any tax, the proceeds of which are to be so utilized. This, however, does not invalidate levy of a fee to provide some service. Thus, a fee can be levied on pilgrims to a religious fair to meet the expenses of the measures taken to safeguard the health, safety and welfare of the pilgrims. Such fee levied by a State will be valid because the object of such contribution is not to foster or preserve religion, but to control secular administration of religious institutions.


A State government passed a law making it mandatory for all residents of the State to pay a hefty ‘pilgrimage tax’ so as to aid the State in organizing a popular religious pilgrimage in that State. the said pilgrimage is undertaken only by followers of religion ‘X’ and draws a large number of followers of religion ‘X’ from all over the country to the state every year. in the given situation, which of the following statements is correct?

Options

A

The State government’s act is violative of the Constitution of india as it is not promoting or maintaining religion ‘X’.

B

the State government’s act is not violative of the Constitution of india as it is not promoting or maintaining religion ‘X’.

C

the State government’s act is violative of the Constitution of india as it is compelling citizens to pay tax for promoting or maintaining religion ‘X’.

D

the State government’s act is not violative of the Constitution of india as it is a measure to safeguard the health, safety and welfare of the pilgrims.

Show Answer

Correct Answer :

Option C

the State government’s act is violative of the Constitution of india as it is compelling citizens to pay tax for promoting or maintaining religion ‘X’.

Solution :

The correct answer is: the State government’s act is violative of the Constitution of india as it is compelling citizens to pay tax for promoting or maintaining religion ‘X’.


Step-by-Step Explanation:


1. Understanding the Constitutional Principle:
According to Article 27 of the Constitution of India (as discussed in the passage), no person can be compelled to pay any tax if the proceeds of that tax are specifically used for the promotion or maintenance of any particular religion or religious denomination. This maintains the secular character of the Indian state by preventing public money collected through compulsory taxation from being used to foster a specific religion.


2. Analyzing the Given Situation:
The State government passed a law making it mandatory for all residents to pay a mandatory/compulsory ‘pilgrimage tax’ specifically to aid the State in organizing a popular religious pilgrimage undertaken solely by followers of religion ‘X’.


3. Distinguishing Tax vs. Fee:
While the State can levy a fee to provide secular services (such as safety, sanitation, and health measures for pilgrims), it cannot compel citizens to pay a tax to aid or promote a specific religious event or religion. Since the law imposes a mandatory tax on all residents to fund an event specific to religion ‘X’, it directly violates the secular mandate of the Constitution.


Conclusion:
Therefore, the State government’s act is unconstitutional because it compels citizens to pay a tax intended for the promotion/maintenance of a specific religion (‘X’).

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