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26. Our Constitution does not create an absolute embargo on the State's association with every and any religious activity; nor does the Constitution permit the establishment of a theocratic State. As observed in Bommai's case (supra), the State's attitude is one of the benevolent neutrality towards religion. While the Constitution grants a great degree of freedom of conscience and guarantees a fundamental right to freely profess, practice and propagate any religion, such a right is made subject to the requirements of public order, morality and health. Our Constitution also recognise a distinction between practices which are essentially religious and activities which are secular, but associated with religious practice. Such activities include the economic, financial, WPs(C).35180/2009 & 10662/2010

The guarantee under our Constitution not only protects the freedom of religious opinion but it protects also acts done in pursuance of a religion and this is made clear by the use of the expression "practice of religion" in article 25".

It was argued by the Attorney General that the right of freedom of religion guaranteed under the Constitution is limited only to the religious activities proper and does not extend to the secular activities associated with religious practice which are not essential part of the religion. Such authority of the State to restrict the fundamental rights guaranteed under Articles 25 and 26 flows from the opening clauses of both the Articles which state that the rights guaranteed therein are subject to "public order, morality and health", Dealing with the submission, the Supreme Court held at page 1025 as follows:

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ground that it amounts to undue association with a religious activity amounting to favouring or promoting a religion.

31. We have already examined the scheme of the Constitution in the context of the authority of the State to regulate the fundamental right to religious freedom. However the permissible limits of the State's association/entanglement with the religious activity is required to be examined.

32. The Constitution does not totally prohibit the association of the State with all the religious activity. Article 28*

54. Coming to the question whether the impugned action has the direct and primary effect of promoting or maintaining the religion, it is not demonstrated before us as to how such a result is achieved by the impugned action. The money from the exchequer would not be paid to any institution whose primary purpose is to carry on religious activity like preaching of or propagating a religion. The payment of money from the exchequer is proposed to be made with a view to achieve a commercial benefit. Such payment would be made to a corporate body which proposes to carry on the business in compliance with certain principles based on the religious text of a particular religion, but not to propagate religion. In our view such a payment would not have the primary and direct effect of supporting or maintaining the religion. The main and primary purpose of the 6th WPs(C).35180/2009 & 10662/2010