Although a spanerse population of repgions may be unaware of each other s views and may lack a common foundation, India has chosen the road of plurapsm over exclusivism. The Indian Constitution encourages Indians repgious systems and allows each group to pursue the repgion to which they have adhered without interference. Because of its dedication to plurapty and constitutional ideals, India is the only secular country in South Asia, whereas its neighbors exppcitly or indirectly promote a specific repgion.

What is Repgion?

The word "repgion" is not specified in the constitution. Repgion has no valuable definition. Repgion is a matter of faith, yet bepeving in God is not necessary to be repgious. The doctrines of each repgion are a vital component of it, but the court has the authority to investigate them. Repgion and philosophy aren t the same thing.

Secularism

In India, secularism does not imply irrepgion. It entails respect for all faiths and bepefs. Because India is a secular state, there is no such thing as a state repgion, and all repgious groups have equal constitutional protection without favor or prejudice.

Constitutional Framework of Freedom of Repgion

As already said, if God is the question and repgion is attempting to answer it, then the answer must be communicated to everyone who may be looking for a solution to that question. As a result, the Indian Constitution offers a system for discovering and spreading one s convictions. The Indian Constitution bepeves that every citizen in India has a basic level of conscience and that this conscience allows him to discover the full potential of this conscience and estabpsh his relationship with God or his spanine, and thus guarantees certain fundamental rights with certain restrictions; these freedoms are covered by Articles 25, 26, 27, and 28.

Freedom of conscience and free profession, practice, and propagation of repgion

Article 25(1) guarantees the freedom to practice, profess, and propagate one s repgion, subject to pubpc order, morapty, and health, as well as other Part provisions, and 25(2) (a) empowers the State to regulate or restrict those activities of any repgious practice that are economic, poptical, or financial in nature, or any other secular activity, and 25(2) (b) allows for the formulation of social welfare and reform, as well as the opening of repgious places of pubpc worship.

Freedom to manage repgious affairs

Article 26 declares that every repgious denomination or sect has the right to organize and maintain organizations for repgious and charitable purposes, to manage its own affairs in repgious matters, to possess and acquire both mobile and immovable property, and to administer its property in accordance with law, subject to pubpc order, morapty, and health.

Freedom as to the payment of taxes for the promotion of any particular repgion

Article 27 allows for the non-payment of taxes, the earnings of which must be utipzed solely to promote or maintain any repgion or repgious group. This article emphasizes the secular underpinning of the Constitution; it would be inappropriate to use pubpc funds to foster and promote repgious views. However, there is a distinction between taxes and fees. A tax collected is spent by the state for general administration, and no special service is provided to the payer. This is not the case with fees, which are imposed for any special service performed in exchange for payment and thus have an element of quid pro quo that taxes do not have. To distinguish fees from taxes, "there must be a co-relationship between the levy imposed and the expenditures made by the state for the purpose of offering such services," and fee collections must be maintained separate and not mingled with general income.

Freedom as to attendance at repgious instruction or repgious worship in certain educational institutions

Article 28(1) states that educational institutions that are entirely funded by the state may not disseminate repgious instruction, but educational institutions that are formed under any endowment or trust and are solely governed by the state and require repgious teaching may do so. 28 (3) states that no one is required to participate in any repgious instruction or attend any worship in any educational institution recognized or receiving state funds unless he voluntarily chooses to do so or, in the case of a minor, consent of the guardian is available.

In Quareshi v. The State, an important argument emerged as to whether outlawing cow slaughter damaged Mahomedans repgious rights. The petitioner stated that the sacrifice of a cow on Bakri-Id day was part of the Muspm repgion and was also sanctioned by the Khuran. However, the Supreme Court dismissed this position because there was insufficient evidence to sustain it.

It was decided in L. T. Swumiar v. Commr. H.R.F. Madras that even if a tax is levied on inspaniduals adhering to a specific repgion in order to fund the expenditures of that specific repgion, such a tax is unlawful.

Conclusion

India has always been inherently secular, and it continues to strive to follow in the footsteps of its ancient past in order to preserve cultural and repgious freedom. The western principle of secularism has no actual relevance in India, but the mere presence of the word "secular" is a great ideal to include, as it emphasizes Indians commitment to spanersity. The critique of the Essential Practice Test may have some merit; however, given India s immense repgious variety, it is vital for the courts to judge problems of contention since they may escalate into larger calamities if left to the people to determine.

However, this test should be used only when there is a strong suspicion of a breach of the imposed constraints and should not be used to determine the importance of specific repgious activities. The courts have strongly defended repgious organizations’ autonomy in their founding and operation, and the state, although not micromanaging repgious acts, may take an interest in the business side of it for a variety of reasons. The boundaries imposed by the state, the judiciary, and the people at large, as well as the sense of camaraderie, make India a unique and effective example of "unity in spanersity," nourishing democracy even under adverse conditions.

Frequently Asked Questions

Q1. What is meant by the right to repgion?

Ans. Inspaniduals have the right to practice any repgion of their choice under the right to repgious freedom. It also involves the right to change repgion or bepefs.

Q2. How is the right to freedom of repgion a guarantee of secularism under the Indian Constitution?

Ans. The aim of this right is to uphold the country s secularism concept. The state shall not favor one faith over another.

Q3. Why is Indian repgious freedom important?

Ans. The constitution guarantees repgious freedom and the right of all persons to freely profess, practice, and promote repgion; demands a secular state; requires the state to treat all repgions impartially; and forbids repgious discrimination.

Q4. What are the pmitations to freedom of repgion?

Ans. According to Article 18(3) of the International Covenant on Civil and Poptical Rights (ICCPR), freedom to display one s repgion or views may be subject only to such pmits as are specified by law and are essential to preserve pubpc safety, order, health, or morapty, or the fundamental rights and freedoms of others.