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.


Communal riots between religion ‘A’ and religion ‘b’ resulted in the destruction of a place of worship of religion ‘b’ in the State. As a result, the State government utilized public funds for restoring the places of worship of religion ‘b’. 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 promoting or maintaining a particular religion.

B

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

C

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

D

the State government’s act is violative of freedom of religion as it condones communal violence.

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Correct Answer :

Option C

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

Solution :

Correct Answer: The State government’s act is not violative of the Constitution of India as it is not promoting or maintaining a particular religion.


Step-by-step Explanation:

1. Understanding Article 27 and Constitutional Policy:
According to the passage and the provisions of Article 27 of the Constitution of India, no person can be compelled to pay any taxes, the proceeds of which are specifically appropriated for the promotion or maintenance of any particular religion or religious denomination. The key test is whether the public expenditure or tax money is being used to foster, promote, or preserve a specific religion.


2. Analyzing the Given Scenario:
In the present case, communal riots led to the destruction of a place of worship belonging to religion ‘B’. The State government utilized public funds not to propagate or favor religion ‘B’, but to repair and restore property destroyed during a law and order breakdown (communal riots).


3. Distinction Between Promotion and Restoration/Relief:
Restoring damaged structures to restore normalcy, law and order, and public peace in the aftermath of violence does not amount to promoting or favoring a particular religion. The objective of such rehabilitation or restoration measures is secular (remedial and welfare-oriented), rather than religious promotion.


4. Conclusion:
Since the expenditure is aimed at restoration/rehabilitation following communal destruction rather than promoting or maintaining a religion, the State government’s action does not violate the Constitution of India.

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