Religion and the Rule of Law in India

Abstract

The central question this paper seeks to answer is- What are the different ways in which law regulates religion in India? What implications this have for the concept of rule of law? Religion has been regulated in India in myriad ways. The framework for regulation is provided in the Constitution itself. Not, only the right to freedom of religion is subject to public order, health and morality, the 7th Schedule of the Constitution mentions various matters pertaining to religious affairs on which the Indian state has power to legislate. The Indian Constitution thus simultaneously protects religion as well as regulates it. The extensive regulation of religion in India perhaps can be viewed as an effort to incorporate religion within the rule of law framework (though this framework is necessarily different from the liberal rule of law framework) Rule of law thus needs to be redefined not just as limiting the arbitrary power of the state but also limiting the arbitrary power of civil society. Rule of Law in India is not only a promise of rights- in this case, the right to freedom of religion, rather it also means subjection of religion to rule/ law. Thus in the Indian context law (based on "reason”) regulates religion (based on "emotion”).