Delinking of state and religion misprizes the law value? Examine?
Recently governemnt of Uttarakhand announce delinking of state and religion from state control it welcomes other states like Tamil Nadu and other states too demand it.
The idea of governments overseeing the management of religious institutions strikes of an anthem to secular, democratic and republic. Bu the principle on which secularism rests in India are distinct from their western antecedents.
Indian philosophy of secularism is related to “Sarva Dharma Sambhava” (literally it means that destination of the paths followed by all religions is the same, though the paths themselves may be different) which means equal respect to all religions
Constitution values provided that in article 25 says that Freedom of conscience and free profession, practice and propagation of religion
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
Article 26: says that
26. Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law
Article 25 and 26 provision show that a religious denominations has substantial fredom over matters concerning its faith, but this right does not over ride the states power to make laws regulating the management of properties belonging to Hindu temples
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