Sunday, January 30, 2011

Prafull Goradia vs Union Of India

http://indiankanoon.org/doc/709044/

Whether a government grant towards Haj pilgrimage funded by tax payer money violates the proscription of Art.27 against state fostering religious activity ?

Article 27 of the Constitution of India states:
“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”.

The Court proclaimed that it would only amount to such a violation if a “substantial part of tax payer money” is used to promote religious activity.

Key Understanding : Money spent on religious activities will virtually never be unconstitutional as it always will be a fraction of overall budget and other govt expenditures.

Impact : Governments will be perfectly free to promote some religions/sects more than others; so long as some token contribution is made to more than one group, no charge of discrimination will be maintainable.

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