Table of Contents
The Indian Constitution guarantees every citizen the Right to Religion through Articles 25 to 28. These articles protect your freedom to practice, manage, and even question religion, while balancing it with the needs of society.
Article 25: Freedom of Conscience & Religion
Article 25(1) says:
“Subject to public order, morality, health, and other provisions of this Part, all persons have an equal right to freedom of conscience and to freely profess, practise, and propagate their religion.”
This means everyone has the right to believe, practice, and spread their religion freely.
It also protects your freedom of conscience, which means your own moral judgment and beliefs are respected.
However, this freedom comes with limits to maintain public order, morality, health, and other constitutional rules.
Article 25(2) gives the state the power to make laws:
To regulate or restrict any economic, financial, political, or secular activities connected with religious practices.
To promote social welfare and open Hindu religious institutions of a public nature to all sections of Hindus.
- (Important Note): Wearing and carrying kirpans is recognized as an essential part of Sikh religious practice.
Key Cases Related to Article 25
Ram Prasad Seth vs. State of UP (AIR 1957 ALL 411)- The court ruled that performing a second marriage in the presence of the first wife is not an essential part of Hindu religion and thus not protected under Article 25.
Indian Young Lawyers Association vs. State of Kerala (AIRONLINE 2018 SC 243)- In this case a group of women challenged the ban on women entering the Sabarimala temple during certain times. The Supreme Court held that excluding women based on physiological reasons like menstruation was a form of untouchability and violated constitutional rights.
S.R. Bommai vs. Union of India (AIR 1994 SC 1918)- The Supreme Court declared secularism as a basic feature of the Constitution — meaning the state has no religion and treats all religions equally.
Mohd. Hanif Quareshi vs. State of Bihar (AIR 1958 SC 731)- The court ruled that cow sacrifice during Bakrid was not an essential religious practice and could be legally prohibited.
Shayara Bano vs. Union of India (AIR 2017 SC 4609)- Triple talaq (instant divorce) was held not to be protected as an internal religious matter under Article 25.
Surjit Singh Chhabra vs. Union of India (AIR 1997 SC 2560)-In this case the golden kara of the appellant was confiscated by the custom authorities. It was argued that kara is a symbol of sikh community and its confiscation is violative of article 25 but the court held that it is not a normal kara and was a golden kara and the action taken by the custom authorities is valid.
Article 26: Freedom to Manage Religious Affairs
Every religious community or denomination has the right to:
- Set up and run religious and charitable institutions.
- Manage their own religious matters.
- Own and acquire property.
- Administer their property according to law.
But, this freedom is limited by public order, morality, health, and Article 25.
Important Cases:
- Ram Chandra Dev v. Orissa: In this case it was held that religious matters include decisions on food and clothing.
- Venkatraman Devru v. Mysore: In this case it was held that there is a limitation on article 26(b) and that is article 25 itself.
- Suryapal Singh v. UP: In this case it was held that there is limitation on article 26(c) that is state can acquire property.
Article 27: Freedom from Paying Taxes for Religion
- It states that, “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.”
- This article provides that a person should not be compelled to pay tax for the expenses related to promotion of any particular religion or religious denomination.
- This article does not deals with the administration of the religious institution.
- This article does not prohibit imposition of fees.
Article 28: Freedom from Religious Instruction in State Schools
Article 28(1) Says:
“No religious instruction shall be provided in any educational institution wholly maintained out of State funds.”
This means that fully government-funded schools and colleges cannot provide religious teachings of any kind. This is to maintain the secular nature of public education in India.
Case- DAV College, Bhatinda vs State of Punjab (AIR 1971 SC 1731)- The Supreme Court decided on the constitutional validity of the Guru Nanak University Act, 1969, by which the State was directed to make rules for the study and research of Guru Nanak’s life and his teachings. This act was challenged based on the contention that the provision is violative of Article 28. However, the Court decided against the petitioner and held that the Act was constitutionally valid. It further stated that the university is trying to impart academic study through the teachings of Guru Nanak, and this does not amount to religious instructions or the promotion of religion.
Article 28(2): An Important Exception
“Nothing in clause (1) shall apply 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 institution.”
In simple terms: If a state-run institution was founded under a specific trust or endowment that mandates religious teaching, then such instruction is allowed. This clause respects the original intent of the benefactor or trust behind the institution.
Article 28(3): Consent Is Key
“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 or worship conducted in such institution unless they consent to it.”
- This article provides that it is not complulsory for a person to take part in any religious instruction or religious worship imparted by the institution to him.
Case- Aruna Roy vs Union of India (AIR 2002 SC 3176)- The Apex Court, while clarifying the intent of Article 28, stated that it does not ban the study of religions. The main objective of the Article is the prohibition of imparting religious instructions. The Article nowhere states that it prohibits the study of religion, philosophy, and culture, mainly when they postulate values and knowledge of social life. The Indian Courts have time and again held that the study of religion in educational institutions cannot be considered against the secular concept of the Constitution.
References:
- Constitutional Law by Dr. J.N. Pandey
- Constitution of India by M.P. Jain
