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India's Supreme Court Upholds Haj Subsidies Against Constitutional Attack

By Howard M. Friedman

In Goradia v. Union of India, (India Sup. Ct., Jan. 28, 2011), India's Supreme Court rejected a constitutional challenge to India's Haj Committee Act of 2002 under which the government provides air fare subsidies for Haj pilgrims.   The suit was brought by Praful Goradia, a former member of Parliament from the Hindu Bharatiya Janata Party. He argued that the subsidy violates Article 27 of the India's Constitution that provides: "No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in the payment of expanses for the promotion and maintenance of any particular religion or religious denomination."  The Court held that the constitutional provision is violated only where a substantial part of a tax is utilized for a particular religion. It wrote: "In our opinion, if only a relatively small part of any tax collected is utilised for providing some conveniences or facilities or concessions to any religious denomination, that would not be violative of Article 27 of the constitution." The Court also rejected claims that the Act violated the equal protection and anti-discrimination provisions of Articles 14 and 15 of the Constitution, pointing out that India's central government and state governments also spend money on other religions. In reaching its conclusions, the court quoted precedent from the United States Supreme Court, as well as from Australia, all suggesting that constitutional provisions should not be read too literally. Sify News reports on the decision.

Full post as published by Religion Clause on January 29, 2011 (boomark / email).