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.
Mr. A, a tax-payer of various taxes levied by the State Government, filed a writ petition for issuance of a writ of mandamus directing the State to forbear from spending any amount from the public funds of the state for renovation of water tanks belonging to a Hindu temple in the State. These tanks were used by the general public, irrespective of their religious affiliation, for bathing and drinking purposes. In the given situation, which of the following statements is correct?
Correct Answer :
The State cannot be said to be promoting or maintaining the Hindu religion.
Solution :
Correct Answer: The State cannot be said to be promoting or maintaining the Hindu religion.
Step-by-Step Explanation:
1. Understanding the Constitutional Principle:
According to the given passage, the Constitution of India ensures secularism by prohibiting the State from compelling any person to pay taxes meant specifically for promoting or maintaining any particular religion or religious denomination (Article 27). However, public funds can be used for public welfare, safety, health, and secular administration purposes.
2. Analyzing the Facts of the Case:
- The State Government spent public funds to renovate water tanks belonging to a Hindu temple.
- Crucially, these water tanks were used by the general public, irrespective of their religious affiliation, for bathing and drinking purposes.
- The primary purpose and outcome of the expenditure were public utility and welfare (providing clean water for public consumption and bathing), not fostering, promoting, or maintaining the Hindu religion itself.
3. Conclusion:
Since the water tanks serve a general public purpose accessible to everyone regardless of religion, spending state funds on their renovation does not constitute the promotion or maintenance of a specific religion. Therefore, the State cannot be said to be promoting or maintaining the Hindu religion in this scenario.
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