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Aditya Agarwal· 2024

Question Q1GS2GS2

धर्म में विश्वास, धर्म में आस्था और संवैधानिक नैतिकता के मध्य तनाव/संघर्ष हो रा करने से व्यक्तिगत स्वतंत्रा में बिना के प्रश्न उठता है। 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)

Open scan (p.8)

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.

Religious practice may discriminate against people of certain caste or gender.

Non payment of taxes by the religious institutions and clashes with the state role of collecting taxes.

Judiciary role in navigating these tensions :-

Judi ciary has time and again maintained the supremacy of constitutional morality over light to religion.

Sabari male case : Women right to enter the temple allowed.
Trifle Talag case – ws Divorce based on religious practice not legal
Haseena Begum case – Right of muslim woman to seek maintenance
right of Hindu women in ancestral property.

The constitutional morality has helped in ensuring that fundamental human rights take precedence over religious established morals.

150 words7 paragraphs2 bullet points

Conclusion

The constitutional morality has helped in ensuring that fundamental human rights take precedence over religious established morals.

17 words

  • Defines constitutional morality clearly
  • References specific constitutional articles (25-28)
  • Identifies key tension points between rights
  • Provides concrete example of procession restriction

Topper

Aditya Agarwal

2024

Subject & Paper

GS2GS2

Topic

Fundamental Rights and Constitutional Morality

Right to Religion vs Constitutional Morality

Judiciary's role in balancing religious freedom and constitutional morality

Writing Stats

210

Total words

7

Paragraphs

2

Bullets

Analytical and structured

Tone