Explain the Fundamental Right-Right to Freedom of Religion(Article-27).

Explain the Fundamental Right-Right to Freedom of Religion(Article-27).

Freedom from Taxation for Promotion of a Religion.

May 28, 2019.

The Fundamental Rights are enshrined in part III of the constitution from Article 12 to 35. In this regard, the framers of the constitution of the USA. Part III of the Constitution is rightly described as the Magna Carta of India. It contains a very long and comprehensive list of ‘ justiciable’ Fundamental Rights. In fact, the Fundamental Rights in our Constitution are more elaborate than those found in the constitution of any other country in the World, including the USA.

The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination. They uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation. The Fundamental Rights are meant for promoting the ideal of political democracy. They prevent the establishment of an authoritarian and despotic rule in the country and protect the liberties and freedoms of the people against the invasion by the state. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. In short, they aim at establishing ‘ a government of laws and not of men’.

Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination. In other words, the state should not spend the public money collected by way of tax for the promotion or maintenance of any particular religion. This provision prohibits the state from favoring, patronizing and supporting one religion over the other. This means that the taxes can be used for the promotion or maintenance of all religions.

This provision prohibits the only levy of a tax and not a fee. This is because the purpose of a fee is to control secular administration of religious institutions and not to promote or maintain the religion. Thus, a fee can be levied on pilgrims to provide them some special service or safety measures. Similarly, a fee can be levied on religious endowments for meeting the regulation expenditure.

Add a Comment

Your email address will not be published. Required fields are marked *