Comprehension : Comprehension

Q 179 / 466

UPSC CSE Prelims 2020

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?

EXPLANATION

Correct Option (B)

The passage explicitly states that the freedom of religion guaranteed under Article 25 is "subject to public order, morality, health and to the Other provisions of this Part". This prefatory rider indicates that religious freedom is not absolute and can be restricted by the State to maintain public order, morality, health, or to uphold other fundamental rights, such as equality before law. Therefore, religious freedom is open to State intervention under specific constitutional limitations.

Incorrect Options:

  • (A) State shall not interfere with the religious affairs of the citizens. This inference is contrary to the passage. The phrase "subject to public order, morality, health and to the Other provisions of this Part" clearly implies that the State can intervene in religious affairs when they conflict with these constitutional principles or other fundamental rights.
  • (C) Religious freedom of the citizens is not covered under fundamental rights. This is factually incorrect according to the passage. The passage explicitly refers to Article 25 being in "Part III of the Constitution, which assures people certain fundamental rights," thereby confirming that religious freedom is a fundamental right.
  • (D) Religious practices of any community are immune to State laws. This inference is incorrect. The passage emphasizes that religious practices are subject to conditions like public order, morality, health, and other fundamental rights. This conditional nature means that religious practices are not immune and can be regulated by State laws to ensure compliance with constitutional provisions.