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Anjali Sanyal
ABSTRACT
Article 27 of the Constitution of India prohibits the use of public funds for promoting or maintaining any particular religion. This provision ensures that the state remains secular and does not favor any religion over another. The article underscores the principle that taxpayers’ money should not be used to support religious activities or institutions, thereby reinforcing the separation of religion and state. By preventing financial support for religious purposes, Article 27 aims to foster equality among all religions and protect the rights of individuals to religious freedom without state interference or endorsement.
INTRODUCTION
Article 27 of the Constitution of India plays a critical role in maintaining the secular character of the Indian state. It explicitly prohibits the imposition of any taxes whose proceeds are specifically appropriated for the promotion or maintenance of any particular religion or religious denomination. This article is part of the broader constitutional framework that seeks to ensure equality among all religions and to prevent the state from favoring or endorsing any religious group. By preventing public funds from being used for religious purposes, Article 27 reinforces the principle of secularism, which is a foundational element of the Indian Constitution. This provision safeguards the rights of all citizens to practice their religion freely, without state support or interference, thus promoting a harmonious and inclusive society.
WHAT IS ARTICLE 27 IN THE CONSTITUTION OF INDIA
Article 27 of the Indian Constitution states 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 article is a safeguard to ensure that the government remains neutral in religious matters and that public funds are not used to support or promote any religion. It upholds the secular nature of the Indian state by preventing the use of taxpayer money for religious purposes, thereby ensuring that all religions are treated equally and that no citizen is forced to financially support a religion they do not follow.
ELEMENTS OF ARTICLE 27
Article 27 of the Indian Constitution has several key elements that contribute to its purpose of maintaining the secular nature of the state. The Indian state remains secular and impartial in matters of religion, promoting a society where all religions coexist with mutual respect and without state endorsement or support.
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Prohibition on Taxation for Religious Purposes:
The article explicitly prohibits the government from imposing any taxes that are specifically designated for the promotion or maintenance of any particular religion or religious denomination. This ensures that public funds are not used to favor or support any religion. -
Protection of Individual Rights:
Article 27 protects individuals from being compelled to financially contribute to religious activities or institutions through taxes. This provision upholds the rights of citizens to practice their religion freely without being forced to support another religion. -
Secularism:
The article reinforces the principle of secularism enshrined in the Indian Constitution, ensuring that the state does not align itself with or endorse any religion. This is a foundational element of India’s democratic framework, promoting religious neutrality. -
Equality Among Religions:
By preventing the use of public funds for religious purposes, Article 27 ensures that all religions are treated equally by the state. It prevents any preferential treatment or discrimination against any religion through financial means. -
Scope of Application:
While Article 27 prevents taxes from being used to promote a specific religion, it does not prohibit the state from funding activities or institutions that are secular in nature, even if they are related to religion, such as heritage conservation or educational institutions that do not impart religious instruction.
PURPOSE OF ARTICLE 27
The primary purpose of Article 27 in the Indian Constitution is to uphold the secular character of the Indian state by ensuring that public funds are not used to promote or maintain any particular religion. This purpose is achieved through several key objectives:
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Preventing State Endorsement of Religion:
Article 27 ensures that the government remains neutral in religious matters, preventing it from using taxpayer money to support or favor any religion. This neutrality is essential in a diverse and multi-religious society like India. -
Protecting Individual Freedom of Religion:
By prohibiting taxes for religious purposes, Article 27 protects individuals from being compelled to financially support a religion they may not follow. This ensures that citizens can exercise their right to freedom of religion without state interference. -
Promoting Religious Equality:
The article fosters equality among all religions by ensuring that no religion receives preferential treatment from the state through financial support. This helps in maintaining harmony and preventing religious discrimination. -
Reinforcing Secularism:
Article 27 is a crucial component of the broader constitutional principle of secularism, which requires the state to treat all religions equally and not to promote or interfere in religious affairs. It helps in maintaining a clear separation between religion and government. -
Encouraging Social Harmony:
By ensuring that public funds are not used for religious purposes, Article 27 helps to avoid conflicts and tensions that could arise from perceived state favoritism towards any particular religion. This contributes to social peace and cohesion in a religiously diverse society.
IMPORTANCE OF ARTICLE 27
Article 27 of the Indian Constitution holds significant importance for several reasons, primarily due to its role in maintaining the secular fabric of India and ensuring equality among all religions. Some of the key reasons include:
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Upholding Secularism:
Article 27 is a cornerstone of India’s secularism. It prevents the state from using public funds to promote or maintain any particular religion, thereby ensuring that the government remains neutral in religious matters. -
Protecting Citizens’ Rights:
By prohibiting the imposition of taxes that are used to support specific religions, Article 27 respects the religious freedom of all individuals, allowing them to practice their religion without state-imposed financial obligations related to other religions. -
Ensuring Religious Equality:
Article 27 prevents any one religion from receiving state-sponsored advantages over others, promoting fairness and equality. -
Preventing Misuse of Public Funds:
The article acts as a safeguard against the potential misuse of public funds for religious purposes, ensuring government resources are used for secular and public welfare purposes. -
Promoting Social Cohesion:
By preventing the state from favoring or endorsing any religion through financial means, Article 27 contributes to social cohesion and harmony.
CASE LAWS
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The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954):
The Supreme Court held that Article 27 prohibits the state from using public funds to promote or maintain any religion. However, the Court also clarified that the state could regulate religious institutions for secular purposes. -
Bijoe Emmanuel & Ors. v. State of Kerala (1986):
This case reinforced the idea that state actions should respect religious freedom and not compel citizens to act against their beliefs, indirectly supporting the principles enshrined in Article 27. -
Prafull Goradia v. Union of India (2011):
The Supreme Court upheld the subsidy for pilgrimage, ruling it did not violate Article 27, as it served a secular purpose—facilitating travel rather than directly promoting religion.
CONCLUSION
In conclusion, Article 27 of the Indian Constitution is a vital provision that ensures the secular nature of the Indian state by prohibiting the use of public funds for promoting or maintaining any particular religion. This article reflects a commitment to religious equality and neutrality, preventing the state from favoring or endorsing any religion through financial means. The judiciary’s interpretations of this article have reinforced its importance, ensuring that the state remains impartial in religious matters and that public resources are used for the common good rather than for religious purposes.
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