Freedom of religious instruction & tax on religion
Q. Which of the following is/are true?
1) In institutions recognized by the State religious instruction is completely prohibited
2) Article 27 prohibits levy of tax and fees.
3) Taxes can be used for the promotion or maintenance of all religions.- Published on 21 Feb 17a. 2, 3
b. 1, 2
c. 1, 3
d. All of the above
ANSWER: 2, 3
Freedom from Taxation for Promotion of a Religion - Article 27 says that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.
- State should not spend the public money collected by way of tax for the promotion or maintenance of any particular religion.
- This prohibits the State from favoring and supporting any one religion over the other.
- Taxes can be used for the promotion or maintenance of all religions.
- This provision prohibits 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 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.
Freedom from Attending Religious Instruction -
- Under Article 28, no religious instruction shall be provided in any educational institution wholly maintained out of State funds.
- But, this provision shall not apply to an educational institution administered by the State but established under any endowment or trust, requiring imparting of religious instruction in such institution.
- No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to attend any religious instruction or worship in that institution without his consent.
- In case of a minor, the consent of his guardian is needed.
Article 28 distinguishes between four types of educational institutions -
1. Institutions wholly maintained by the State.
2. Institutions administered by the State but established under any endowment or trust.
3. Institutions recognized by the State.
4. Institutions receiving aid from the State.
- In (a) religious instruction is completely prohibited while in (b), religious instruction is permitted.
- In (c) and (d), religious instruction is permitted on a voluntary basis.
