Indian Constitution guarantees the freedom of religion in Articles 25 to 28. It ensures that the government doesn't favour any religion and allows citizens the right to practice, preach, and spread their chosen religion. The UPSC Indian Polity and Governance Syllabus includes the Right To Freedom of Religion (Article 25 - 28) which is described in this article.

Freedom of Religion - Concept

Our constitution gives religious freedom to all the people of India. This freedom has been considered as the necessary factor for the success of democracy in any country. People would meaningfully participate in a country's polity, only if they are free to follow their religious beliefs.

1. Freedom of conscience and free profession, practice, and propagation of religion
2. Freedom to manage religious affairs
3. Freedom as payment of taxes for promotion of any particular religion
4. Freedom as attend religious instructions or religious worship in certain educational institutions.

The Constitutional Provisions (Exceptions) For The Right To Freedom Of Religion

Right to the freedom of religion has many elements. There are extensive provisions in the constitution regarding this right. The Article 25 to 28 are about this right. These article provides for;

Freedom of conscience and free profession, practice, and propagation of religion (Article 25):

• The provisions of this article are not absolute. State can take appropriate measures when it comes to public order, health, and morality;
• The State has the authority to regulate any economic, political, financial, or any secular affair related to any particular religion.
• This enables the state to take measures regarding welfare and social reforms associated with religious practices.
• For example; the state can take measures to open Hindu religious places for all sections of the Hindu society. (The intervention done by the state in recent matters like the ‘triple talaq’ and ‘Sabarimala temple entry’ are associated with these provisions)

Freedom To Manage Religious Affairs (Article 26)

As per the provisions of this article all religious communities have the following rights (subject to morality, health, and public order);

• They have the right to form and maintain religious and charitable institutions.
• They have the right to manage their own religious affairs.
• They have the right to acquire property of both immovable and movable kind.
• They have the right to administer these properties subjected to the provisions of law.

Freedom as to payment of taxes for promotion of any particular religion (Article 27)

• As per the provisions of this article people are free to give taxes for the religious promotion of any religion they want.
• However, the State can not force the people to pay taxes for the promotion and maintenance of any religion or religious institution.

Freedom as to attend religious instructions or religious worship in certain educational institutions (Article 28)

• According to this article the institutions which are runned by particular religious groups have the right to give religious instructions.
• The educational institutions that are receiving the state funding are not allowed to provide religious instructions.
• If an institution has been run by the state but established as an endowment or trust which required religious instructions to be given there, are exempted from this restriction, and allowed to give such instructions.
• The person belonging to the state-run institution or the one which is funded by the state’s aid, can not be compelled to join religious instructions or worship etc. without his/her consent.

Important Laws, Amendments And Judgements Related To The Matter Of Freedom Of Religion

Amendment in Preamble - In 1976, the parliament of India included the word “ secular” into the Preamble of Constitution. The Supreme Court of India said that this explicit commitment of India towards secularism, for what has been already implicitly provided in the articles 25 - 28.

• Considering the issues of forced conversions, various state governments have passed laws to prevent such incidents and to “protect” the SC/ST community from further “exploitation” .
• Following laws have passed so far;
  • Madhya Pradesh Freedom of Religion Act of 1968
  • Orissa Freedom of Religions Act of 1967
  • Arunachal Pradesh Freedom of Religion Act of 1978
  • Tamil Nadu Prohibition of Forcible Conversion of Religion Bill 2002
  • Gujarat Freedom of Religion Act 2003
  • Himachal Pradesh Freedom of Religion Act 2006
  • Uttar Pradesh Unlawful Conversion Prohibition Ordinance, 2020

Right To Freedom of Religion - Recent controversy

The Supreme Court on religious freedom: Religious conversion has remained a matter of great controversy. In this light Supreme Court recently has made some observations as follows:

The summary of SCs Observations on Mr. Upadhyay’s petition:

• The people have the freedom to choose the religion, even on the backdrop of so-called mass conversions (still it is a fundamental right)
• “Every person is the final judge of their own choice of religion or who their life partner should be. Courts cannot sit in judgment of a person’s choice of religion or a life partner.”
• Religious faith is a part of the fundamental right to privacy, Which inviolable and is an aspect of the right to life and dignity.

Supreme Court Judgements on Right to Religion

• Shirur Mutt Case (1954): In this case, the Supreme Court held that the term "religion" in Article 25 of the Indian Constitution includes not only rituals and observances but also practices that are regarded as integral parts of a religion.
• Sardar Syedna Taher Saifuddin Saheb vs. State of Bombay (1962): This case dealt with the freedom of religious denominations to manage their own affairs in matters of religion. The Supreme Court upheld the rights of a religious denomination to administer its property in accordance with its own laws.
• Durgah Committee, Ajmer vs. Syed Hussain Ali (1961): The court held that if a practice is essential to the religion, protection under Article 25 of the Constitution is available. However, the court also clarified that if a practice is not an essential part of the religion, the State can regulate or even prohibit it.
• Acharya Jagdishwaranand v. Commissioner of Police, Calcutta (1983): The court determined that Ananda Marga is a religious denomination, not a separate religion. It clarified that the public performance of Tandava (a dance form) is not an essential practice of Ananda Marga, particularly on public streets.
• Bijoe Emmanuel and Ors. v. State of Kerala (1986): Three children from the Jehovah’s Witnesses sect were suspended from school for refusing to sing the national anthem, citing religious objections. The court ruled that their expulsion violated fundamental rights, including the freedom of religion.
• Shayara Bano vs. Union of India (2017): While not directly related to the right to religion, this landmark case dealt with the practice of instant triple talaq in Muslim personal law. The Supreme Court declared the practice unconstitutional, stating that it goes against the principles of gender equality and justice.

Conclusion

In a culturally diverse country like India, having religious freedom is essential for social harmony and healthy democracy. Recognizing it as a fundamental right, the makers of the constitution have certainly made the secular foundation of the country more solid.

FAQs

Q1: What is the significance of Article 25 in the Indian Constitution?

Q2: What are the limitations on the right to freedom of religion under Article 25?

Q3: How does Article 26 ensure religious freedom?

Q4: What is the scope of religious freedom under Article 27?

Q5: What does Article 28 say about religious instruction in educational institutions?

MCQs

1. Which Article of the Indian Constitution guarantees the freedom to profess, practice, and propagate religion?

a) Article 19

b) Article 21

c) Article 25

d) Article 30

2. Under which Article can religious denominations manage their own religious affairs?

a) Article 26

b) Article 24

c) Article 27

d) Article 29

3. What does Article 27 prohibit?

a) Compelling attendance at religious worship

b) Religious conversions

c) Use of state funds for promoting any religion

d) Religious instruction in state-funded schools

4. Which Article prohibits religious instruction in state-funded educational institutions?

a) Article 21

b) Article 28

c) Article 25

d) Article 30

5. What is the primary limitation on the right to freedom of religion under Article 25?

a) Religious beliefs

b) Economic constraints

c) Public order, morality, and health

d) Cultural diversity

GS Mains Questions and Model Answers

Q1: Analyze the scope of the right to freedom of religion under Articles 25-28 of the Indian Constitution.

Answer: The right to freedom of religion in India is enshrined in Articles 25 to 28 of the Constitution. Article 25 guarantees individuals the right to freely profess, practice, and propagate their religion, subject to reasonable restrictions based on public order, morality, and health. It also allows the state to regulate secular activities related to religious practices.
Article 26 provides religious denominations the right to manage their own religious affairs, including establishing and maintaining institutions for religious purposes, owning and managing property, and administering religious practices. Article 27 prohibits the use of state funds for promoting any particular religion, ensuring a secular state structure. Article 28 restricts religious instruction in educational institutions fully funded by the state, though institutions run by religious bodies may offer religious instruction voluntarily.
Together, these articles reflect India’s commitment to secularism while ensuring the protection of religious freedoms. However, they also impose necessary limitations to maintain social harmony and public order, balancing individual rights with broader societal interests.

Q2: Discuss the constitutional provisions that ensure secularism in India through Articles 25-28.

Answer: The Indian Constitution ensures secularism by providing a framework of religious freedom while keeping the state neutral towards all religions. Articles 25-28 are key to upholding this secular principle.
Article 25 guarantees individuals the right to religious freedom, allowing them to practice and propagate their faith, but it places restrictions to maintain public order, morality, and health. Article 26 extends this freedom to religious denominations, enabling them to manage their religious affairs and institutions.
Article 27 ensures that the state does not use public funds to promote any specific religion, thereby maintaining a separation between religion and government activities. Article 28 further reinforces this by prohibiting religious instruction in state-funded educational institutions, although institutions established by religious bodies are permitted to offer such instruction.
These provisions protect the diverse religious landscape of India, fostering peaceful coexistence among different communities while ensuring that no religion is given preferential treatment by the state.

Q3: Evaluate the significance of Article 27 in maintaining the secular fabric of India.

Answer: Article 27 plays a vital role in maintaining India’s secular fabric by ensuring that the state does not compel citizens to pay taxes for the promotion or maintenance of any particular religion. This provision underscores the secular nature of the Indian state, which does not favor or endorse any religion. By preventing the use of public funds for religious purposes, Article 27 ensures that government activities and finances remain neutral and inclusive of all religious communities.
This separation of religion and state is crucial in a diverse country like India, where multiple religions coexist. It prevents the state from endorsing or supporting any one religion over others, fostering a more equal and harmonious society. In a broader sense, Article 27 reinforces the idea that religious practices are a matter of personal belief and should not be imposed or funded by the state, thus upholding the principles of secularism enshrined in the Indian Constitution.

Previous Year Questions on  Right to Freedom of Religion Article 25 to 28

1. UPSC CSE 2018

Question: How does the Indian Constitution ensure religious freedom while maintaining public order and morality? 

Answer: The Indian Constitution ensures religious freedom through Articles 25-28, while also placing restrictions to maintain public order, morality, and health. Article 25 allows individuals to profess, practice, and propagate their religion, but it includes provisions that enable the state to limit these rights when they threaten public safety, health, or moral standards. This ensures that religious practices do not disrupt societal harmony or infringe on the rights of others.
Similarly, Article 26 allows religious denominations to manage their own affairs, but again, this right is subject to public order and morality. The state’s ability to intervene in religious matters is crucial in maintaining social stability and ensuring that religious freedoms are exercised responsibly. Articles 27 and 28 further reinforce this balance by preventing the use of public funds for religious purposes and restricting religious instruction in state-funded institutions, thus promoting secularism. The Constitution strikes a delicate balance between individual religious freedoms and the collective interest of maintaining social order and public morality.

2. UPSC CSE 2017

Question: Discuss the limitations on religious freedom under the Indian Constitution. 

Answer: Religious freedom in India, as guaranteed under Articles 25 to 28 of the Constitution, is subject to certain limitations to ensure that the exercise of this freedom does not conflict with broader societal goals of public order, morality, and health.
Article 25, which provides the right to freely profess, practice, and propagate religion, is subject to public order, morality, and health. This means that religious practices can be restricted if they pose a threat to societal harmony or infringe on the rights of others. For example, religious customs that involve harmful practices, such as child marriage or untouchability, may be regulated or prohibited by the state in the interest of social reform.
Article 26 grants religious denominations the right to manage their own religious affairs, but this too is subject to public order and morality. Article 27 ensures that the state does not use public funds to promote any particular religion, reinforcing the secular nature of the Indian state. Article 28 further limits religious freedom in state-funded educational institutions by prohibiting religious instruction. These limitations reflect the Constitution’s commitment to balancing individual rights with the need to maintain a secular, just, and orderly society.

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