ILC-2011-SC-CIVIL-Jan-1
Prafull Goradia Vs. Union of India
Constitution of India, 1950 - Section 32
Haj Committee Act 2002 - Writ petition - Constitutional validity of the Act of 2000 - Petitioner, a Hindu, contending that part of the proceeds of direct and indirect taxes which he has to pay go for Haj pilgrimage which is done only by Muslims - Writ Petition nowhere stating as to what percentage of any particular tax utilized for the purpose of the Haj pilgrimage - Article 27 would be violated if a substantial part of the entire income tax collected in India, or a substantial part of the entire central excise or the customs duties or sales tax, or a substantial part of any other tax collected in India, were to be utilized for promotion or maintenance of any particular religion or religious denomination - If only a relatively small part of any tax collected is utilized for providing some conveniences or facilities or concessions to any religious denomination, it is not violative of Article 27 of the Constitution - No violation of Articles 14 and 15 because facilities are also given, and expenditures incurred, by the Central and State Governments in India for other religions - No discrimination - Petition dismissed.
Ashok Bhan, Ms. Shweta Verma, Arvind Kr. Sharma, Ms. Sushma Suri, Advocates
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