Question Q3DiscussGS2GS2
Discuss the role of the judiciary in navigating the tension between the right to religion and constitutional morality in India in recent times. Refer to relevant case laws. (150 words, 10 marks)
Introduction
Judiciary is the final arbitrator or interpreter of Constitution & the final bastion of protection of citizens fundamental rights.
19 words
Main Body
Role of judiciary in navigating tension Positive Role - Right to religion is fundamental right under Article 25-28 but is qualified with restrictions imposed by judiciary too on case to case basis - Constitutional morality isn't single provision but a wisdom arising out of whole of Constitution & interpreted by judiciary Ex: Doctrine of essentiality
Indian secularism allows for religious reform in interest of marginalized section & hence judiciary role in resolving tension is important - Judiciary aligns interpretation of right to religion in line with constitutional morality Ex: Sabarimala case - Constitutional morality of gender equality took precedence over right to religion However, Negative role exists 1) Judiciary acting as 'clergy' of religion - in determining what is essential 2) Lack of expertise & inconsistency in judgments Ex: What makes essential changes with case 3) Goes against the will of the citizenry - imposition of judicial activism. Ex: Hijab case in Karnataka HC.
— Sachin B.G
155 words1 paragraphs1 bullet points
Conclusion
Therefore, judiciary must reexamine its position
6 words
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Topper
Sachin B.G
2024
Subject & Paper
GS2GS2
Topic
1. Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Right to Religion and Constitutional Morality
Writing Stats
180
Total words
1
Paragraphs
1
Bullets
structured, point-based
Tone