Right to Freedom of Religion in India (Articles 25–28)
India is a secular country, and this secularism is safeguarded through Articles 25–28 of the Constitution. These provisions guarantee freedom of religion to every individual while ensuring that it does not harm public order, morality, health, or other fundamental rights.
📑 Table of Contents
🔎 Overview: The Right to Freedom of Religion
The Indian Constitution declares India a secular state, which means the state has no official religion and treats all religions with equal respect. These rights ensure that citizens can freely practice and propagate their faith, but with reasonable restrictions such as public order, morality, health, and other fundamental rights.
🕊️ Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion
What it Says: “All persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.”
- Freedom of Conscience: Inner freedom to believe in any religion or no religion at all (atheism/agnosticism).
- Right to Profess: Freedom to openly declare one’s religious beliefs and faith.
- Right to Practice: The right to perform religious rituals, observances, and ceremonies, including worship.
- Right to Propagate: The right to spread one’s religious beliefs to others. Note: The Supreme Court has clarified this does not include the right to convert others through force, fraud, inducement, or allurement.
Restrictions: This right is subject to public order, morality, health, other Fundamental Rights, and laws providing for social welfare and reform (e.g., laws allowing temple entry for all castes and banning untouchability).
🏛️ Article 26: Freedom to Manage Religious Affairs
What it Says: Subject to public order, morality, and health, every religious denomination or any section thereof shall have the right to establish and maintain institutions, manage its own affairs in matters of religion, and own and acquire movable and immovable property and administer it in accordance with law.
- Religious Denomination: A group with a common faith, organization, and name (e.g., Shaivites, Vaishnavites, Sunnis, Shias).
- Establish Institutions: Right to set up and run religious bodies, temples, mosques, churches, gurudwaras, etc.
- Manage Affairs: Right to decide on doctrines of faith, rituals, and ecclesiastical laws.
- Own & Administer Property: Right to own property and manage its finances, but this administration must be “in accordance with law”, meaning the state can regulate it to prevent malpractices.
💰 Article 27: Freedom from Payment of Taxes for Promotion of Any Particular Religion
What it Says: “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.”
- Upholds the secular character of the state by ensuring public taxes are not used to promote or maintain any one religion.
- A taxpayer cannot be forced to contribute to a fund for a religion they do not follow.
- Important: This prohibits taxes specifically levied for a religion. It does not prevent the state from spending general government funds for the promotion of all religions equally (e.g., providing security during religious festivals or aid to educational institutions run by religious groups).
📚 Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions
What it Says:
- (1) No religious instruction shall be provided in any educational institution wholly maintained out of state funds (e.g., government schools like Kendriya Vidyalayas).
- (2) This rule does not apply to an institution administered by the State but established under a trust or endowment which requires that religious instruction be imparted.
- (3) No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction or worship without their consent (or guardian’s consent if a minor).
Explanation: This article ensures educational neutrality. While fully state-funded schools cannot have religious instruction, other schools can offer it only on a voluntary basis.
📊 Summary Table: Articles 25–28
| Article | Key Provision | Purpose | Restrictions |
|---|---|---|---|
| 25 | Freedom of conscience, profession, practice, propagation | Guarantees individual religious freedom | Public order, morality, health, other FRs, social reform |
| 26 | Right to manage religious affairs | Grants autonomy to religious groups | Public order, morality, health; administration “by law” |
| 27 | No tax for religious promotion | Prevents state from favoring one religion with tax money | None explicitly, but general state aid is allowed |
| 28 | Freedom from religious instruction in schools | Protects individuals from forced religious education | Consent for minors in aided/recognized institutions |
Quick Note: Articles 25–28 collectively uphold India’s secular spirit — ensuring individuals and groups can follow their faith freely, but within the framework of constitutional morality, public order, and democracy.