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.