Q. In Part III of the constitution which assures people certain fundamental rights,
Article 25 proclaims that “”all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion””. What people fail to notice is that this Proclamation is prefixed with the words “subject to public order, morality, health and to the other provisions of this Part””, Which set conditions precedent for the legal protection of religious practices of any Community.
The closing words of this prefatory rider in Article 25 virtually constitute a subordination clause placing other fundamental rights mentioned in Part III over and above the right to religious freedom. Among those other fundamental rights is the rights to equality before law and equal protection of laws-assured at the outset and elaborated in later articles to mean, inter alia, that the State shall not deny equal protection of laws to any person or group of persons on the basis of religion alone.
Q1. What is the most logical inference from the above passage?
(a) State shall not interfere with the religious affairs of the Citizens.
(b) Religious freedom under the Constitution is open to State intervention
(c) Religious freedom of the citizens is not covered under fundamental rights.
(d) Religious practices of any Community are immune to State laws.
Correct Answer: (b) Religious freedom under the Constitution is open to State intervention
Question from UPSC Prelims 2020 CSAT Paper
Explanation :
The passage explains that Article 25 of the Indian Constitution provides for the freedom of conscience and the right to practice, profess, and propagate religion. However, this right is subject to public order, morality, health, and other provisions of Part III of the Constitution, which means that the State has the power to intervene in religious affairs if they threaten public order or morality.
Moreover, the passage points out that the rights to equality before the law and equal protection of laws, which are also fundamental rights guaranteed by the Constitution, take precedence over the right to religious freedom. This means that if any religious practice or belief is in conflict with the principle of equality before law, the State has the power to restrict or prohibit it.
Therefore, the most logical inference from the passage is that religious freedom under the Constitution is open to State intervention, and the State can regulate or restrict religious practices that are deemed to be a threat to public order, morality, health, or the rights of other citizens.
