Right to Freedom of Religion

Context

• India is neither a theocratic state (like Iran) nor strictly irreligious (like France with laïcité).
• Our model is “secularism with positive neutrality” → equal respect for all religions, not hostility to religion.
• Articles 25–28 embody this philosophy.

Article 25

Freedom of conscience and free profession, practice and propagation of religion

What it means

• Freedom of conscience: Inner freedom to decide your relation with God (or even reject God).
• Right to profess: Declare your religious beliefs openly.
• Right to practice: Perform rituals, ceremonies, worship.
• Right to propagate: Spread or explain your religious beliefs.

👉 But: No right to forcibly convert others — because that would violate their freedom of conscience.

Scope

• Applies to all persons (citizens + foreigners).
• Covers beliefs (faith) + practices (rituals).
• Subject to public order, morality, health, and other Fundamental Rights.

State’s powers

1. State can regulate secular activities connected with religion (like economic or political aspects).
2. State can bring social reforms — e.g., throwing open Hindu temples to all sections of Hindus.

Special provisions

• Wearing/carrying Kirpans is protected as part of Sikh faith.
• “Hindus” here includes Sikhs, Jains, Buddhists (for temple entry/social reform purposes).

Article 26

Freedom to manage religious affairs

Who gets this right?

• Religious denominations (groups), not individuals.
• Denomination = must have:
  (a) Common system of beliefs,
  (b) Common organisation,
  (c) Distinctive name.

👉 SC has recognised:

• Ramakrishna Mission and Ananda Marga as denominations.
• But Aurobindo Society was not.

Rights of a denomination

1. To establish and maintain religious/charitable institutions.
2. To manage affairs in matters of religion.
3. To own & acquire property.
4. To administer such property as per law.

Limitations

• Subject to public order, morality, health (but unlike Article 25, not subject to other FRs).

👉 In short: Article 25 = individual rights, Article 26 = group rights.

Article 27

Freedom from Taxation for Promotion of Religion

• No person can be forced to pay taxes for the promotion of a particular religion.
• Prevents the State from favouring one religion using taxpayer money.
• But → only taxes are barred, not fees.

👉 Examples:

• A fee can be charged on pilgrims for services (like facilities at Vaishno Devi).
• A fee can be levied on temples/endowments for regulation.
• But a tax cannot be used to promote one religion.

Article 28

Freedom from Religious Instruction in Educational Institutions

Four types of institutions:

(a) Wholly maintained by State → Religious instruction completely prohibited.
(b) Administered by State but established under trust/endowment → Religious instruction allowed.
(c) Recognised by State → Religious instruction voluntary.
(d) Aided by State → Religious instruction voluntary.

👉 In case of minors, guardian’s consent required.

Essence: State cannot impose religion through education, but voluntary religious teaching is allowed in some cases.

Text of Article 25-28 (As per the Constitution of India)

Article 25: Freedom of conscience and free profession, practice and propagation of religion. — (1) 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. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law— (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion. Explanation II. —In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly. Article 26: Freedom to manage religious affairs.— Subject to public order, morality and health, every religious denomination or any section thereof shall have the right— (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. Article 27: Freedom as to payment of taxes for promotion of any particular religion.— No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions. — (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. (2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.