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.

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

1.63/10

Open original scan

Page 6

Topper

Aditya Agarwal

AIR 17454072322462024

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

Paragraphs

Bullets

analytical, structured

Tone