In Part III of the Constitution, which assures people certain fundamental rights

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, practise 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 right 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.

What is the most logical inference from the above passage?

  1. State shall not interfere with the religious affairs of the citizens.
  2. Religious freedom under the Constitution is open to State intervention.
  3. Religious freedom of the citizens is not covered under fundamental rights.
  4. Religious practices of any community are immune to State laws.

Answer: B

Explanation

Option A is incorrect. The passage mentions, "The closing words of this prefatory rider in Article 25 virtually constitute a subordination clause placing other fundamental rights mentioned in Part Ill over and above the right to religious freedom". If the "other fundamental rights" of a person in part III are taken over by Article 25, then state can intervene.

Option B is correct. The passage mentions, "The closing words of this prefatory rider in Article 25 virtually constitutes a subordination clause placing other fundamental rights mentioned in Part Ill over and above the right to religious freedom”. If other fundamental rights in part III are taken over under the garb of Article 25, then the state can intervene.

Option C is incorrect. The passage mentions, "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.” Hence religious Freedom is covered under the fundamental rights.

Option D is incorrect. The passage mentions, ”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”. Thus, religious practices of any community are not immune to State laws.

  • Exam Year: 2020