Right to Freedom of
Religion
Articles 25-28
Article 25 & 26 DVS
"(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,
practise and propagate religion
(2) Nothing in this article shall affect the opera tion o any existing law or prevent the
State from making any law
(a) regulating or restricting any econ omic, 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 cdasses and sections of Hindus"
"Subject to public order, morality and health, every religious denomination or any section
thereof shall have the right
(a) to establish and main tain institutio ns for religious and charita ble 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"
Meaning of Religion DVS
The Constitution does not define "religion" anywhere, but the Hon'ble Supreme Court
gave a comprehensive definition of religion in Commissioner, Hindu Religious
Endowment v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, 1954 AIR 282 in the
following words:
Religion is certainly a matter of faith with individua ls or communities and it is not
necessarily theistic ( belief in the existence of a god).
well known religions in India like Buddhism which do not believe in God in
There are
any intelligent First Cause(the belief that God has created the Universe)
or
Religion has its basis ina system of beliefs or doctrines which are regarded by those who
profess that religion as conducive to their spiritual well being, but it would not be
correct to say that religion is nothing else but a doctrine or belief.
A Religion may not only lay downa code of ethical rules for its followers to accept, but it
might prescribe rituals and observances, ceremonies and modes of worship which are
regarded as integral parts of religion, and these forms and observations might extend
even to matters of food and dress 8
Freedom of conscience and free profession, DVS
"practice and propagation of religion
Articles 25 and 26 embody the principle of religious toleration that has been the
characteristic feature of Indian civilization from the start of history.
They serve to emphasize the secular nature of Indian Democracy which the founding fathers
considered should be the very basis of the Constitution.
While Article 25 of Indian Constitution guarantees rights to an individual, Article 26 guarantees
such rights to an organized body of individuals like the religious denominations or any section
them.
Both these articles protect matters of religious doctrine or belief as well as acts done in
pursuance of religion rituals, observances, ceremonies and modes of worship.
However, the rights under Art.25 and 26 are not absolute and is subject to public order,
morality and health and to the other provisions of Fundamental Rights.
DVS
Crux of Article 25
Constitution guarantees to every person, and not merely to the
Article 25 of Indian
and the right to freely profess, practice and
citizens of India, the freedom of conscience
propagate religion.
It empowers the State to make :
any economic, financial, political or secular activity which
Laws regulating or restricting
may be associated with religious practice and
interfere with
Laws providing for social welfare and social reform
even though they might
religious practices.
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Analysis of Article 26 DVS
A religious denomination is a collection of individuals, classed together under the same
name having a common faith and organization and designated by a distinctive name.
Article 26 provides that every Religious Denomination 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
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Article 27 & 28 DVS
"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 religions denomination"
(1)No religion instruction shall be provided in any educational institution wholly
maintained out of State funds
(2) Nothing in clause ( 1) shall opply 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 institu tion
(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 Cultural and Educational Rights".
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DVS
Exemption from taxes and Prohibition of
religious preaching in state educational
institutions
Article 27 provides that no person shall be compelled to pay taxes or expenses on
promotion or maintenance of any particular religion. This is in consonance with the
concept of secularism, which means equal respect for all religions.
Article 28 strictly restricts any kind of instructions or religious preaching in any educational
institutions wholly maintained by state funds
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