Article 27- Indian Constitution

Freedom as to payment of taxes for promotion of any particular religion- no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

 Meaning: This article emphasizes the secular character of the state. In general this article provides protection in respect of payment of taxes, if such amount is appropriated for the promotion or maintenance of any particular religion. Reason behind providing such provision is that India is the secular country. Secular means state has no its own religion or identity and state should treat every religion equally. Therefore when a person wants to dispose of any of his amount to any religious institution for the promotion or maintenance of such religion then such amount shall be exclude from being charged by tax.

Explanation:

Tax and Fees:- One question may be arise regarding the fees, that whether fees payment in respect of any religion for the promotion and maintenance of that religion, would be exclude from being charged or not. The answer has been given by the Supreme Court in Rati Lal V. State of Bombay[1] and defined tax as a common burden and the only return which the tax payer gets is a participation in the common benefits of the state, fees as the payments primarily in public interest but for some special service rendered or some special work done for the benefits of those from whom the payments are demanded. In determining whether a levy is a fee, the true test must be whether its primary and essential purpose is to render specific services to a specified area or class.

In Sri Jagannath V. State of Orissa[2] Supreme Court held that the levy under the Orissa Hindu Religious Endowments Act, 1939 was in the nature of fee and not tax. The payment was demanded only for the purpose of meeting the expenses of the commissioner and his office which was the machinery set up for due administration of affairs of the religious institution.

Exception:- General rule under article 27 is that no person shall be compelled to pay any tax for any amount which is or has been utilized for the promotion and maintenance of any particular religion, also state is under obligation not to give any aid to any particular religion as it is a secular country which has no religion.

The article 27 will not be applicable when state would start giving aid to all religious institution along with the secular and without any discrimination.

   In the present context we may say that the Government is trying to promote a particular religion for the vote bank but not really. They are doing drama in the name of promoting particular religion and playing with the common people for the purpose of vote bank. Some latest examples are the Rajasthan Chief Minister’s 40 days Gaurav Yatra throughout the area of Rajasthan, recent rejection of appeal for permission of Rath Yatra in North Bengal (WB) by the Supreme Court on 15^th Jan 2019.

Need and Importance of the Article: As India is secular country it has no its own religion and identity, therefore it should not promote any particular religion but if promote then it should promote all religion equally, that means it must treat all religion equally or in one eye. Therefore this Article is playing important role in maintaining the secular character of our country, country like India needs such provisions.

Suggestions: In my opinion Article is itself clear and such provision is necessary for the secular country like India. I think Political parties should strictly follow this article they should not forget that they are the representatives of a secular country and don’t violate such provision, I have gave two example and explain how they play with us only for vote bank in the name of religion. When they are not allow to promote religion then why they doing such things and why we the people remained silent, I think we have to arose up now and understand.

Article 28- Indian Constitution

Freedom as to attendance at religious instruction or religious worship in certain educational institutions- (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.

(3) No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

Meaning: This Article contains three clauses and first clause provided for general rule that any kind of religious instruction cannot be provided in any state funded educational institutions. Second clause provided for an exception to the clause and said that in the educational institution funded by trust or endowment religious instruction can be given. Third clause provided for the protection to person who attending any educational institution which administered by state or funded by state that such person shall not be compelled to take part in any religious instruction or in any religious worship unless such person given his consent.

Explanation:

After reading the article 28 we may find that there are four types of educational institutions mentioned such as

      I.         Institutions wholly maintained by the state.

    II.         Institution recognized by the state.

  III.         Institutions that are receiving aid out of the state fund.

 IV.         Institutions that are administered by the state but are established under any trust or endowment.

In 1^st type of institutions no religious instructions can be imparted. In 2^nd and 3^rd type of institutions religious instructions may be imparted only with the consent of the individuals. In the 4^th type of institution, there is no restriction on religious instructions.

Though article itself is clear regarding religious instructions but still various questions arose in various times regarding the religious instructions. Such as provision for the study and research on the life and teaching of Guru Nanak of section 4 of the Guru Nanak University Act was challenged in D.A.V. College, Jullundhar V. State of Punjab[3] on the ground that it was violation of article 28, which prohibited religious instruction in state, aided educational institutions. Court rejected the contention and held that section 4 which enjoined the university to encourage an academic study of the life and teaching of Guru Nanak does not amount to religious instructions or promotion of any particular religion and therefore constitutionally valid.

The validity of National Curriculum Framework for School Education, 2000 (NCFSE) challenged in Aruna Roy V. Union of India[4] which provided for education for value development based upon all religions and also a comparative study of philosophy of all religions was challenged on the ground that it was violative of article 28 of the constitution. Court rejected the contention and held that the National Curriculum Framework for School Education is neither violative of article 28 of the constitution nor it is against the concept of secularism. Court further held that the entire emphasis of article 28 of the constitution is against imparting religious instructions or of performing religious worship. It does not prohibit study of religion’s philosophy and culture particularly for having value based social life in a society degenerating for power, post or property.

Need and Importance: This Article also important and we as the secular country we need such provisions. It play important role in maintaining secular character of the country in the educational institutions by making restriction on giving religious instructions in state funded educational institutions. So this Article play important role and we as the secular country need such Article.

 Suggestions: I must suggest that which has been provided in the Article strictly followed by the state and educational institutions to maintain the secular character of our country. Otherwise it will convert into a country with particular religion.

Article 29- Indian Constitution

Protection of interests of minorities-

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Meaning: Article 29 contains two clauses, first clause provide for the right to conserve one’s distinct language, culture or script, second clause provide for general rule that no person shall be denied to admission in any educational institutions maintained by states or funded by states on the ground of religion, race, caste, language or any of them.

Explanations:

 Article 29(1) provided right to conserve one’s distinct language, script or culture residing in the territory of India. It means a person can be distinct on the basis of his language, script, or culture and such person can claim right under this article, and he has right to conserve and preserve his such distinct character. For example in India Punjabi speaking people are distinct from other states like Uttar Pradesh, Bihar, Madhya Pradesh, Jharkhand,  therefore Punjabi speaking people have right under this article.

 Article 29 clause (2) provides that every citizen has right to take admission in any educational institution maintained by the state or receiving aid out of the state fund on grounds only of religion, race, caste, language or any of them, and they cannot deny any citizen.

 Article 29 only protect the interests of the minorities whether based on language, script or culture, and article 30 provide for the right to establish and administer educational institutions of their own to promote their own society or their community.

Generality of Article 29(2):  Article 29(2) is general in nature as it starts with No Citizen, it means this Article is applicable to all irrespective of minority or majority groups. Therefore school run by a majority, if it is aided by the state funds, cannot refuse admission to boys belonging to other communities. The state cannot direct such school to restrict admission to their own community.

An order of Madras Government was challenged in State of Madras V. Champakam Dorairajam[5] on the ground that it denied admission to a person only on the ground of religion or caste, which had fixed the proportion of students of each community that could be admitted into the state Medical and Engineering Colleges. The petitioners in this case were denied admission only because they were Brahmins. Supreme Court held that the order was invalid for being violative of Article 29(2).

Rights of Minorities:

India is a secular is a secular country where hundreds of religious and linguistic minorities live together for centuries together and have inherited common heritage, language, and traditions and accordingly share a common culture. But every religious denomination has a fundamental right to preserve and protect their distinct cultural attributes like religion, language, rites, rituals etc.

1.    To Establish and Maintain Educational Institutions: The most vital right guaranteed to a religious or linguistic minority is the right to establish and maintain educational institution for preserving their community interests.

2.    Cultural Rights: Art. 29 and 30 provide for minority rights, which also include educational and cultural rights. Clause (1) of Art. 29 give protection to every section of the citizens having distinct language, script or culture by guarantying their right to conserve the same. A minority community can preserve its language, script or culture by and through educational institutions, which is guaranteed under Art. 30 of the Constitution.

The inter-relation between Art. 29(1) and Art. 30 (1) was elaborately examined by the apex court in the case of St. Xavier’s College V. State of Gujarat[6] and held that while as the right guaranteed in the former wider in scope, as it applies to all section of the society who want to conserve their culture, as against this the later provision deal with minority’s right to education.

In State of Bombay V. Bombay Educational Society[7] Supreme Court struck down an order of the Bombay Government banning admission of those whose language was not English into schools having English as the medium of instruction because it denied admission solely on the ground of language. The order, the court said, would not be valid, even if the object for making it was the promotion or advancement of national language.

In Ramesh Chandra V. Principal B.B.I. College[8] Court held that the protection of Art. 29(2) do not apply where the student is expelled from an institution on ground of indiscipline.

 This Art. Also not applicable where the student is refused admission on grounds of his not possessing requisite qualifications.[9]

Need and Importance: This Article play very important role in protecting rights and interests of minorities. India is consist of the people of various languages, religions, cultures etc. so existence of minority on the basis language, religion etc. are common therefore such provision play important role in protecting the rights of minority. Therefore we as the secular country need such provision.

Suggestions: I must suggest that Articles 29 and 30 which protect the interest of minorities should be strictly applied or implemented, it should not be misused in the name of the vote bank. Many time various political parties in the name of giving benefits to the minorities play with minority but that is not fair implementation, fair implementation must be there.

[1] AIR 1954 SC 388

[2] AIR 1954 SC 400

[3] AIR 1971 SC 1737

[4] AIR 2002 SC 3176

[5] AIR 1951 SC 226

[6] AIR 1974 SC 1389

[7]  AIR 1954 SC 561

[8] AIR 1953 All 90

[9]  Nageshwara Rao V. Principal, Medical College, AIR 1962 AP 212