Chapters :
  • THE FUNDAMENTAL RIGHTS – ABOLITION OF TITLES – 06
  • Article 25: Freedom of conscience and free profession, practice and propagation of religion
  • Article 26
  • ARTICLE 29: PROTECTION OF INTERESTS OF MINORITIES

THE FUNDAMENTAL RIGHTS – ABOLITION OF TITLES – 06

Article 25: Freedom of conscience and free profession, practice and propagation of religion Clause 1: It says that any person is entitled to the freedom of conscience and the freedom to freely profess, practice and propagate a religion of his choice, subjected to limitations such as maintenance of public order, morality and health. Thus, practices such as human sacrifices, sati, etc are prohibited under this article. Clause 2: It says that nothing in the clause(1) can prevent the State from making laws that for the following purposes
  1. a) Regulating Or Restricting the secular activities associated with religious activities.
  2. b) Initiating social reforms by throwing open Hindu religious institutions to all the classes and sections of Hindus.
Explanation 1: The followers of Sikhism are allowed to wear and carry kirpan, as the practice is imperative to the profession of the religion. Explanation 2: The term ‘Hindus’ in Clause(2)(b) refers to followers of Hinduism, Sikhism, Jainism and Buddhism. Article 26: The denominations and other sections of all the religions are entitled to the Right Of Managing Their Own Religious Affairs, Subjected To The Limitations such as maintenance of public order, morality and health. This freedom is available only to the citizens, not aliens. They have the freedom to
  1. Establish and maintain institutions for religious and charitable purposes;
  2. Manage the affairs in the matters of religion;
  3. Acquire and own movable and immovable properties;
  4. Administer the properties in accordance with the laws.
ARTICLE 27: FREEDOM FROM TAXATION FOR PROMOTION OF RELIGIONS No person shall be taxed for the promotion and maintenance of any religion or religious denomination. The important thing here is that only the people are not taxed for religious activities, whereas the trusts associated with religious denominations are taxed for the profit that they earn. ARTICLE 28: FREEDOM FROM ATTENDING RELIGIOUS INSTRUCTIONS Clause 1: It says that no religious instructions shall be provided at educational institutions that are wholly funded by the State. Clause 2: Clause(1) does not apply to educational institutions that are established by religious endowments or trusts but administered by the State. Clause 3: It says that people have the freedom from attending religious instructions or worships that are conducted in educational institutions recognised or aided by the State. ARTICLE 29: PROTECTION OF INTERESTS OF MINORITIES The term ‘minority’ has not been defined anywhere in the constitution. It is accepted that minority refers to both religious and linguistic minorities. Clause 1: It says that any section of citizens residing in any part of the territory of India has the right to preserve Their Language, Script And Culture. It does not discriminate between majority and minority and it is available to all sections of citizens having distinct language, script and culture of their own. This right is absolute. Clause 2: It says that no citizen shall be denied admission to educational institutions funded wholly or aided partially by the State on the grounds only Of Religion, Race, Caste, Language or any of them. This right is available to individual citizens not to a community as a whole. Article 30: RIGHT OF MINORITIES TO ESTABLISH AND ADMINISTER EDUCATIONAL INSTITUTIONS Clause 1: It says that both the religious and linguistic minorities have the right to establish and administer educational institutions of their own.
Note: The minorities need not establish educational institutions of their own to conserve their language, script or culture. They may impart a system of education that is unconnected with their language, script or culture.
Clause 1 talks about two things:
  1. To Establish
  2. To Administer
For an educational institution to acquire minority status, it has to be established and administered by a minority community. Institutions such as the Aligarh Muslim University and JamiaMilliaIslamia, established by an act of Parliament do not qualify as minority institutions.
Note: The admission to a minority institution is restricted to the members of that particular community.
 
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