Right to Freedom of Religion: Articles 25-28
The Indian Constitution guarantees freedom of religion to all its citizens, recognizing India as a secular state. This fundamental right is enshrined in Articles 25 to 28 of the Constitution, ensuring individuals the liberty to practice, profess, and propagate their religion without undue interference.
Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion
Every person is equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion.
Article 25 ensures that every individual has the right to hold any religious belief and to practice their religion freely. This includes the freedom to worship, perform rituals, and express their faith. It also covers the right to propagate one's religion, which means the right to share one's beliefs with others, but not to convert someone through coercion or undue influence.
Article 25(1) states that 'Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience, and the right freely to profess, practice and propagate religion.' This freedom is available to both citizens and non-citizens. The 'propagation' aspect has been a subject of judicial interpretation, with the Supreme Court clarifying that it does not include the right to convert another person through coercion, fraud, or allurement.
Freedom of conscience, and the right to freely profess, practice, and propagate religion.
Restrictions on the Right to Freedom of Religion
While the right to freedom of religion is fundamental, it is not absolute. Article 25(2) allows the state to impose certain restrictions to maintain public order, morality, and health. Additionally, the state can regulate or restrict any economic, financial, political, or other secular activity associated with religious practice.
| Aspect | Freedom Guaranteed | Permissible Restrictions |
|---|---|---|
| Religious Belief & Practice | Freedom of conscience, profession, practice, and propagation | Public order, morality, health; secular activities associated with religion |
Article 26: Freedom to Manage Religious Affairs
Every religious denomination has the right to manage its own affairs in matters of religion.
Article 26 grants religious denominations the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in matters of religion, own and acquire movable and immovable property, and administer such property according to law.
This article ensures the autonomy of religious groups in managing their religious institutions and activities. However, these rights are also subject to public order, morality, and health. The property of a religious denomination can be administered by the state, but only by following the law, and the income derived from such property must be applied for the purposes for which it is used.
The right to manage religious affairs, establish religious institutions, own property, and administer property according to law.
Article 27: Freedom as to Payment of Taxes for Promotion of Any Particular Religion
Article 27 prohibits the state from levying any tax, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. This ensures that state funds are not used to favor any one religion over others, reinforcing the secular character of the state.
This article prevents the state from creating a 'state religion' or financially supporting any specific religious institution.
Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions
No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
Article 28 categorizes educational institutions into four types based on state funding and religious instruction. It prohibits religious instruction in institutions wholly maintained by state funds. In institutions established under trusts but administered by the state, religious instruction is permitted but attendance is voluntary. In institutions recognized by the state or receiving aid from the state, religious instruction or worship is allowed, but no person can be compelled to attend.
This article aims to protect individuals, especially students, from being subjected to religious indoctrination in educational institutions. The key distinction lies in the extent of state funding and control. For institutions wholly maintained by the state, no religious instruction is allowed. For others, attendance at religious instruction or worship is voluntary, ensuring freedom of conscience.
The four categories of educational institutions under Article 28 and their implications for religious instruction:
- Wholly maintained by the State: No religious instruction.
- Established by trust but administered by the State: Religious instruction permitted, attendance voluntary.
- Recognized by the State: Religious instruction permitted, attendance voluntary.
- Receiving aid from the State: Religious instruction permitted, attendance voluntary.
This framework ensures that while religious freedom is protected, the state's role in promoting or mandating religious practices within educational institutions is carefully delineated to maintain secularism and protect individual conscience.
Text-based content
Library pages focus on text content
Key Concepts and Judicial Interpretations
The interpretation of these articles by the judiciary has been crucial in defining the scope of religious freedom in India. Landmark cases have clarified issues such as the definition of 'secular activity', the limits of 'propagation', and the rights of religious minorities. The concept of 'essential religious practices' has also emerged, where courts may intervene if a practice is not considered essential to a religion.
It refers to practices considered fundamental to a religion, which the state may not interfere with unless they violate public order, morality, or health.
Learning Resources
Direct access to the text of Fundamental Rights, including Articles 25-28, as enshrined in the Indian Constitution.
A detailed explanation of Articles 25-28, covering key aspects, restrictions, and judicial interpretations relevant for competitive exams.
An in-depth analysis of Article 25, discussing its scope, limitations, and landmark case laws.
Provides a comprehensive overview of religious freedoms in India, including historical context and constitutional provisions.
Access to Supreme Court judgments, which are crucial for understanding the judicial interpretation of religious freedom rights.
Explains the concept of secularism in India and how it relates to the freedom of religion, often discussed in UPSC exams.
Academic perspectives on the Indian Constitution, offering critical analysis of fundamental rights, including religious freedom.
A broad overview of freedom of religion in India, covering constitutional aspects, historical context, and societal implications.
A video lecture explaining the Right to Freedom of Religion, tailored for UPSC preparation, covering key articles and concepts.
Relevant chapter from NCERT Class 11 Political Theory textbook that discusses freedom, including religious freedom, providing foundational knowledge.