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96 THE CONSTITUTION OF INDIA ART. 28(3)
Religious rights conferred by Article 26 are subject to public order, morality and health. (Dr. Subramanian Swamy v State of Tamil Nadu, AIR 2015 SC 460 : (2014)5 SCC 75 : 2014 AIR SCW 6893).
27. Freedom as to payment of taxes for promotion of any particular religion.—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.
COMMENTS
Secular Administration of Religious Institution — His Holiness Srimad Perarulala Ethiraja Ramanuja Jeeyar Swami v State of Tamil Nadu, AIR 1972 SC 1586.
Communal riots, damage to places of worship, restoration — Raghunath v State of Kerala, AIR 1974 Ker. 48.
Levy of fee on pilgrims to a religious fair — Ramachandra v State of West Bengal, AIR 1966 Cal. 164 (sic).
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.—(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.
(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.
COMMENTS
Article 28 of the Constitution applies to minority institution(s) receiving aid from Government. (T.M.A. Pai Foundation and Others v State of Karnataka and Others, 2003(1) Kar. L.J. 1 (SC) : AIR 2003 SC 355 : (2002)8 SCC 481).
Meaning of Religious Instruction — D.A.V. College, Bhatinda v State of Punjab and Others, AIR 1971 SC 1731 : (1971)2 SCC 261.
Religion — Secular aspects and regulation by the State - Discussed. —
The Commissioner, Hindu Religious Endowments, Madras v Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, AIR 1954 SC 282 : 1954 SCR 1005.
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