Question Q3DiscussGS2GS2
Discuss the role of the judiciary in navigating the tension between the right to religion and constitutional morality in India in recent times. Refer to relevant case laws. (150 words, 10 marks)
Introduction
Article 25 to 28 of the Indian constitution provide for Right to Religion which states that a person has right to freely profess and propagate and practice their religion.
Constitutional morality refers to the morality derived from the various provisions of the constitution.
43 words
Main Body
Tensions between Right to Religion and Constitutional Morality:
The right to profess and propagate religion may clash with the fundamental right to freedom of expression and movement.
Eg: Movement of procession in certain areas restricted.
The constitutional morality calls for right to equality but the
religious practices may discriminate against people of certain caste or gender.
Non payment of taxes by the religious institutions clashes with the state role of collecting taxes.
Judiciary role in navigating these tensions:-
Judiciary has time and again maintained the supremacy of constitutional morality over right to religion.
Sabarimala case: Women right to enter the temple allowed.
Triple Talaq case - Divorce based on religious practice not legal.
Shayara Bano/Hasina Begum case - Right of Muslim woman to seek maintenance.
Right of Hindu women in ancestral property.
— Aditya Agarwal
139 words2 paragraphs7 bullet points
Conclusion
The constitutional morality has helped in ensuring that fundamental human rights take precedence over religious established morals.
17 words
Examiner score
1.63/10Open original scan
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Topper
Aditya Agarwal
2024
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Constitutional Morality
Right to Religion vs Constitutional Morality
Writing Stats
199
Total words
2
Paragraphs
7
Bullets
analytical, structured
Tone