Article 27 is a Fundamental Right of the Indian Constitution. This video tell about if state can use taxayers money for promotion of a religion.
Article 27 talks about follwing points:
No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.
The state should not spend the public money collected by the way of tax for the promotion or maintenance of any particular religion.
This provision prohibits the state from favouring, patronising and supporting one religion over the other. This means that the taxes can be used for the promotion or maintenance of all religions.
This provision prohibits only levy of a tax and not a fee because the purpose of a fee is to control secular administration of a religious institutions and not to promote or maintain religion. Thus a fee can be levied on pilgrims to provide them some special service or safety measures. Similarly, a fee can be levied on religious endowments for meeting the regulation expenditures.
A religious denomination is a subgroup within a religion that operated under a common name, tradition and identity.
It should be a collection of individuals who have a system of beliefs which they regard as conducive to their spiritual well being.
It should have a common organisation.
It should be designated by a distinctive name.
Examples : Hinduism – Shaivism, Shaktism, Vaishnavism, smartism, Ramakrishna mission, Ananda marg
Islam – Sunni, Shia, Ahmadiyya
Christianity – Roman catholic, eastern orthodox
TAX: The tax is an imposition made for the public purpose, without reference to any services rendered by the State or any specific benefit to be conferred upon the tax payer. The object of levy of tax is to raise the general revenue.
FEE: A fee is a payment for some special services rendered for the benefit of those from whom the payment is received. Fees have an element of quid pro quo that taxes lack.
Fee is levied on a principle just opposite to that of tax while a tax is paid for the common benefit conferred by the Government on all tax payers, a fee is a payment made for some special benefit enjoyed by the payer and the payment is shown proportionately to the special benefit.
I hope this video helps you in understanding Concepts of Article 27 and its limitations.
Understanding Fundamental Rights is very important for every Law Student. Its an important topic for any Competitive law Exam such as NET 2020, CLAT 2020, Judiciary and Indian Polity for UPSC Preparation and for other competitive exams.
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