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To maintain the secular character of the Indian polity, not only does the Constitution of India guarantee freedom of religion to individuals and groups, but it is also against the general policy of the Constitution of India that any money be paid out of the public funds for promoting or maintaining any particular religion. Accordingly, it is provided in the Constitution of India that 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. This does not prohibit the State from enacting a law to incur expenses for the promotion or maintenance of any particular religion or religious denomination, but by such law, no person can be compelled to pay any tax, the proceeds of which are to be so utilized. This, however, does not invalidate levy of a fee to provide some service. Thus, a fee can be levied on pilgrims to a religious fair to meet the expenses of the measures taken to safeguard the health, safety and welfare of the pilgrims. Such fee levied by a State will be valid because the object of such contribution is not to foster or preserve religion, but to control secular administration of religious institutions.
Question: 1
Mr. A, a tax-payer of various taxes levied by the State Government, filed a writ petition for issuance of a writ of mandamus directing the State to forbear from spending any amount from the public funds of the state for renovation of water tanks belonging to a Hindu temple in the State. These tanks were used by the general public, irrespective of their religious affiliation, for bathing and drinking purposes. In the given situation, which of the following statements is correct?
Mr. A, a tax-payer of various taxes levied by the State Government, filed a writ petition for issuance of a writ of mandamus directing the State to forbear from spending any amount from the public funds of the state for renovation of water tanks belonging to a Hindu temple in the State. These tanks were used by the general public, irrespective of their religious affiliation, for bathing and drinking purposes. In the given situation, which of the following statements is correct?
Updated On: Aug 1, 2024
- The State is promoting or maintaining the Hindu religion.
- The State cannot be said to be promoting or maintaining the Hindu religion.
- The State is compelling citizens to pay tax for promotion of Hindu religion.
- The State is compelling citizens to pay tax for maintenance of Hindu religion.
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The Correct Option is B
Solution and Explanation
The correct option is (B): The State cannot be said to be promoting or maintaining the Hindu religion.
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Question: 2
Communal riots between religion 'A' and religion 'B' resulted in the destruction of places of worship of both religions in a State. As a result, the State Government utilized public funds for restoring the places of worship of both religions 'A' and 'B'. In the given situation, which of the following statements is correct?
Communal riots between religion 'A' and religion 'B' resulted in the destruction of places of worship of both religions in a State. As a result, the State Government utilized public funds for restoring the places of worship of both religions 'A' and 'B'. In the given situation, which of the following statements is correct?
Updated On: Aug 1, 2024
- The State Government's act is violative of the Constitution of India as it is promoting or maintaining particular religions.
- The State Government's act is not violative of the Constitution of India as it is not promoting or maintaining any particular religion.
- The State Government's act is violative of freedom of religion as it condones communal violence.
- The State Government's act is not violative of the Constitution of India as it is promoting or maintaining a particular religion.
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The Correct Option is B
Solution and Explanation
The correct option is (B): The State Government's act is violative of freedom of religion as it condones communal violence.
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Question: 3
Communal riots between religion 'A' and religion 'B' resulted in the destruction of a place of worship of religion 'B' in the State. As a result, the State Government utilized public funds for restoring the places of worship of religion 'B'. In the given situation, which of the following statements is correct?
Communal riots between religion 'A' and religion 'B' resulted in the destruction of a place of worship of religion 'B' in the State. As a result, the State Government utilized public funds for restoring the places of worship of religion 'B'. In the given situation, which of the following statements is correct?
Updated On: Aug 4, 2024
- The State Government's act is violative of the Constitution of India as it is promoting or maintaining a particular religion.
- The State Government's act is not violative of the Constitution of India as it is promoting or maintaining a particular religion.
- The State Government's act is not violative of the Constitution of India as it is not promoting or maintaining a particular religion.
- The State Government's act is violative of freedom of religion as it condones communal violence.
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The Correct Option is C
Solution and Explanation
The correct option is (C): The State Government's act is not violative of the Constitution of India as it is not promoting or maintaining a particular religion.
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Question: 4
A State Government passed a law making it mandatory for all residents of the State to pay a hefty 'pilgrimage tax' so as to aid the State in organizing a popular religious pilgrimage in that State. The said pilgrimage is undertaken only by followers of religion 'X' and draws a large number of followers of religion 'X' from all over the country to the state every year. In the given situation, which of the following statements is correct?
A State Government passed a law making it mandatory for all residents of the State to pay a hefty 'pilgrimage tax' so as to aid the State in organizing a popular religious pilgrimage in that State. The said pilgrimage is undertaken only by followers of religion 'X' and draws a large number of followers of religion 'X' from all over the country to the state every year. In the given situation, which of the following statements is correct?
Updated On: Aug 1, 2024
- The State Government's act is violative of the Constitution of India as it is not promoting or maintaining religion 'X'.
- The State Government's act is not violative of the Constitution of India as it is not promoting or maintaining religion 'X'.
- The State Government's act is violative of the Constitution of India as it is compelling citizens to pay tax for promoting or maintaining religion 'X'.
- The State Government's act is not violative of the Constitution of India as it is a measure to safeguard the health, safety and welfare of the pilgrims.
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The Correct Option is C
Solution and Explanation
The correct option is (C): The State Government's act is violative of the Constitution of India as it is compelling citizens to pay tax for promoting or maintaining religion 'X'..
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Question: 5
The object of a State Legislation is "to provide for the better administration and governance of certain Hindu religious endowments", where 'religious endowment' means the property belonging to or given or endowed for the support of temples. The State Legislation vests the supervision of public temples in a statutory authority, i.e., 'Commissioner of Hindu Religious Endowments'. For the purpose of meeting the expenses of the Commissioner and his staff, every Hindu temple in the State is required under provisions of the State Legislation, to pay an annual contribution at certain percentage of their annual income. In the given situation, which of the following statements is correct regarding the annual contribution provided under the State Legislation?
The object of a State Legislation is "to provide for the better administration and governance of certain Hindu religious endowments", where 'religious endowment' means the property belonging to or given or endowed for the support of temples. The State Legislation vests the supervision of public temples in a statutory authority, i.e., 'Commissioner of Hindu Religious Endowments'. For the purpose of meeting the expenses of the Commissioner and his staff, every Hindu temple in the State is required under provisions of the State Legislation, to pay an annual contribution at certain percentage of their annual income. In the given situation, which of the following statements is correct regarding the annual contribution provided under the State Legislation?
Updated On: Aug 1, 2024
- It is not violative of the Constitution of India because its object is the proper administration of religious trusts and institutions.
- It is not violative of the Constitution of India because its object is fostering of Hindu religion.
- It is violative of the Constitution of India because its object is fostering of Hindu religion.
- It is violative of the Constitution of India because its object is not inclusive of administration of religious endowments belonging to all religions.
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The Correct Option is A
Solution and Explanation
The correct option is (A): It is not violative of the Constitution of India because its object is the proper administration of religious trusts and institutions.
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Top Questions on Fundamental Rights and Duties
- The Editors Guild of India has expressed concern over the “draconian provisions” of the Press and Registration of Periodicals (PRP) Bill, 2023, that can have an adverse impact on freedom of the press.
The Guild added: “Editors Guild of India would like the proposed bill to ensure that publishing of news in India remains free of encumbrances and intrusive checks on publishers by the Registrar, and that the primary emphasis of the Registrar and the PRP remains ‘registration’ and not ‘regulation’, as the latter has the potential of restricting freedom of the press.”
“In the definitions section, the term ‘specified authority’ gives power to government agencies beyond the Press Registrar, to conduct the functions of the Registrar, which could even include police and other law enforcement agencies. Given the intrusive, expansive, and vague nature of powers that the bill in any case allows to the Press Registrar, the power to further delegate this power to other government agencies including law enforcement agencies is deeply distressing,” the Guild said.
The statement says sections 4(1) and 11(4) allow the Registrar to deny the right to bring out a periodical and cancel the certificate of registration of a periodical to persons convicted of “terrorist act or unlawful activity” or “for having done anything against the security of the State”.
“Interestingly, the PRB Act, 1867, had no such provisions. Given the liberal and arbitrary use of UAPA (which is the basis for defining ‘terrorist act’ and ‘unlawful activity’), as well as other criminal laws, including sedition, against journalists and media organisations to suppress freedom of speech, the Guild is deeply concerned by the introduction of these new provisions, and the way they can be misused to deny the right to bring out news publications to persons who are critical of governments,” it said.
Among the other worrisome provisions listed by the Guild is Section 6(b), which gives power to the Press Registrar (as well as any other “specified authority”) to enter the premises of a periodical to “inspect or take copies of the relevant records or documents or ask any questions necessary for obtaining any information required to be furnished”
[Extracted, with edits and revisions from “Editors Guild of India expresses concern over draconian provisions of the Press and Registration of Periodicals Bills, 2023” published in The Telegraph dated 07-08-2023]- CLAT - 2024
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As you begin your investigation, you gather information and observe the following:
• The company recently introduced a new production system that is more automated but requires highly specialized operators.
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• There have been several breakdowns in the new machinery, leading to production delays and quality issues.
• The company’s competitors have adopted similar automation technologies and are experiencing increased productivity.
• Customer complaints about product quality have increased in recent months.- CLAT - 2024
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[Extracted from “First, get the tech: Unless India develops domestic AI heft, it wouldn’t play any meaningful part in global regulatory efforts”, Times of India]- CLAT - 2024
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