Freedom of Religion in India and United States of America

A comparative study between India and the United States of America

  1. Smith, Donald Eugene, India as a Secular State (Princeton, 1963) on Pg. 4 []
  2. Damle, Y.B., Process of Secularization in ed. By Sharma, G.S. of Indian Law Institute, “Secularism: Its Implications for Law and Life in India”, Central Electric Press, Delhi (1966). []
  3. 80 U.S. (13 Wall.) 679 (1871). []
  4. 344 U.S. 94 (1952). []
  5. 370 U.S. 421 (1962). []
  6. 393 U.S. 97 (1968). []
  7. 330 U.S. 1 (1947). []
  8. 403 U.S. 602 (1971). []
  9. 472 U.S. 38 (1985). []
  10. 496 U.S. 226 (1990). []
  11. 515 U.S. 819 (1995). []
  12. 98 U.S. 145 (1878). []
  13. 494 U.S. 872 (1990). []
  14. United States Constitution, Article IV, Paragraph 3 : “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.” []
  15. Mahmood, Tahir, Laws of India on Religion and religious Affairs, Universal Law Publishing Co. Pvt. Ltd., New Delhi, 2008 on Pg. 22 []
  16. Tripathi, P.K., Secularism and Judicial Review, in ed. By Sharma, G.S. of Indian Law Institute, “Secularism: Its Implications for Law and Life in India”, Central Electric Press, Delhi (1966) on Pg. 171 []
  17. Id. at Pg. 173 []
  18. Article 30. Right of minorities to establish and administer educational institutions.- (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. [(1A) In making any law providing for the compulsory acquisition of any property of any educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.] (2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. []
  19. Article 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. []
  20. AIR 1994 SC 1918 []
  21. Constituent Assembly Debates VII: 781 []
  22. 1954 SCR 1005 []
  23. 133 U.S. 333 (1890). []
  24. [1943] 67 CLR 116 []
  25. AIR 1953 Bom. 242 []
  26. 1954 S.C.A. 548 []
  27. 1954 S.C.A. 548 []
  28. Tripathi, P.K., Secularism and Judicial Review, in ed. By Sharma, G.S. of Indian Law Institute, “Secularism: Its Implications for Law and Life in India”, Central Electric Press, Delhi (1966) on Pg. 178 []
  29. AIR 1958 SC 255 []
  30. AIR 1961 SC 1402 []
  31. AIR 1966 SC 1135 []
  32. AIR 1962 SC 853 []
  33. Bramchari Sidheswar Shai & Ors.etc. V State of West Bengal etc, 1995 AIR 2089 []
  34. AIR 1983 SC 1 []
  35. AIR 1984 SC 51 []
  36. The Commissioner of Police v Acharya Jagdishwarananda Avadhuta, 2004 12 SCC 782 []
  37. 330 U.S. 1 (1947). []