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

Judiciary is the final arbitrator or interpreter of Constitution & the final bastion of protection of citizens fundamental rights.

19 words

Main Body

Role of judiciary in navigating tension Positive Role - Right to religion is fundamental right under Article 25-28 but is qualified with restrictions imposed by judiciary too on case to case basis - Constitutional morality isn't single provision but a wisdom arising out of whole of Constitution & interpreted by judiciary Ex: Doctrine of essentiality

Indian secularism allows for religious reform in interest of marginalized section & hence judiciary role in resolving tension is important - Judiciary aligns interpretation of right to religion in line with constitutional morality Ex: Sabarimala case - Constitutional morality of gender equality took precedence over right to religion However, Negative role exists 1) Judiciary acting as 'clergy' of religion - in determining what is essential 2) Lack of expertise & inconsistency in judgments Ex: What makes essential changes with case 3) Goes against the will of the citizenry - imposition of judicial activism. Ex: Hijab case in Karnataka HC.

155 words1 paragraphs1 bullet points

Conclusion

Therefore, judiciary must reexamine its position

6 words

Open original scan

Page 6

Topper

Sachin B.G

2024

Subject & Paper

GS2GS2

Topic

1. Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Fundamental Rights

Right to Religion and Constitutional Morality

Writing Stats

180

Total words

Paragraphs

Bullets

structured, point-based

Tone