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Article 25
Right to Freedom of Religion
The Constitution of India guarantees the right to freedom of religion to not only individuals but also religious groups in India. This is enshrined in Articles 25 to 28.

Article 25 (Freedom of conscience and free profession, practice, and propagation of religion)
Article 25 guarantees the freedom of conscience, the freedom to profess, practice, and propagate religion to all citizens.
- The above-mentioned freedoms are subject to public order, health, and morality.
- This article also gives a provision that the State can make laws:
- That regulates and restricts any financial, economic, political, or other secular activity associated with any religious practice.
- That provides for the social welfare and reform or opening up of Hindu religious institutions of a public character to all sections and classes of Hindus. Under this provision, Hindus are construed as including the people professing the Sikh, Jain, or Buddhist religions, and Hindu institutions shall also be construed accordingly.
- People of the Sikh faith wearing & carrying the kirpan shall be considered included in the profession of the Sikh religion.
Key Rights under Article 25:
- Freedom of Conscience – The right to hold personal beliefs about religion.
- Right to Profess – The right to openly declare one’s religion.
- Right to Practice – The right to perform religious rituals and customs.
- Right to Propagate – The right to spread one’s religion peacefully.
Restrictions:
- The State can regulate secular activities related to religion (e.g., religious institutions’ financial matters).
- Practices that disturb public order, morality, or health can be restricted.
Article 26 (Freedom to manage religious affairs)
This Article provides that every religious denomination has the following rights, subject to morality, health, and public order.
- The right to form and maintain institutions for religious and charitable intents.
- The right to manage its own affairs in the matter of religion.
- The right to acquire the immovable and movable property.
- The right to administer such property according to the law.
Key Rights under Article 26:
- Right to establish religious institutions.
- Right to manage religious property.
- Right to administer religious institutions.
- Right to carry out religious practices.
Restrictions:
- The rights under Article 26 are subject to public order, morality, and health.
Article 27 (Freedom as to payment of taxes for promotion of any particular religion)
According to Article 27 of the Constitution, there can be no taxes, the proceeds of which are directly used for the promotion and/or maintenance of any particular religion/religious denomination.
Significance of Article 27:
- The government cannot use taxpayer money to fund religious activities.
- It ensures that the State remains secular and does not favor any religion.
Example:
The government cannot impose a religious tax or use public funds to construct a religious temple, mosque, or church.
Article 28 (Freedom as to attendance at religious instruction or religious worship in certain educational institutions)
This article permits educational institutions that are maintained by religious groups to disseminate religious instruction.
- This provides that no religious instruction shall be provided in State-run educational institutions.
- Educational institutions administered by the State but that were established under any endowment or trust which requires that religious instruction shall be imparted in such institutions are exempt from the above clause (that no religious instruction shall be provided).
- Any person who attends any educational institution recognized by the State or receiving State aid shall not be required to participate in any religious instruction that may be imparted in such institution, or also attend any religious worship in such institutions unless he/she has given consent for the same. In the case of minors, the guardians should have given consent for the same.
Key Provisions of Article 28:
- No religious instruction can be given in government-funded institutions.
- Institutions partially funded by the State may allow religious instruction with the consent of individuals.
- Private educational institutions are not restricted from providing religious instruction.
Landmark Cases on the Right to Freedom of Religion
Bijoe Emmanuel vs. State of Kerala (1986)
Facts:
Three students from the Jehovah’s Witnesses sect refused to sing the national anthem, citing their religious beliefs. They were expelled from school.
Ruling:
The Supreme Court ruled that forcing students to sing the national anthem violated their Right to Freedom of Religion under Article 25.
Shirur Mutt Case (1954)
Facts:
The case dealt with the government’s interference in the management of the Shirur Mutt, a religious institution.
Ruling:
The Supreme Court introduced the Doctrine of Essential Religious Practices, stating that only essential religious practices are protected under Article 25.