SMC No. 1/2014 etc
17
of the right to freedom of religion as it addresses “every citizen” and
“every religious denomination and every sect thereof” and one
aspect cannot trump the other. Moreover, the individual aspect to
the freedom of religion applies both against inter-religion and
intra-religion conflict.
15.
Of all the Articles relating to the minorities’ rights,
Article 20 is of prime significance. A close reading of this provision
would indicate that the freedom to practice religion and manage
religious institutions under this provision is multifaceted because:
(a)
The right to religious conscience conferred under this
Article does not make any distinction between majority
and minority or Muslim and Non-Muslim. It is in the
nature of an
conferred
on
Equal Religious
every
citizen,
Protection Clause
every
religious
denomination and every sect thereof. This equal
religious protection clause is in the same nature as the
equal justice under the law and equal protection under
the law clauses conferred under Articles 4 and 25. In
other words, every absolute equality and there is no
distinction among citizens, religious denominations
and sects thereof, as far as the right to religious
conscience, is concerned.
(b)
The right to religious conscience is a fundamental
right. It has not been subjected or subordinated to any
other provision of the Constitution because it is only
subject to law, public order and morality and not to
any religious clauses of the Constitution. The very
term law, public order and morality has been used in
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