The Right to Freedom of Religion in the Constitution of India ensures a balanced framework between religious autonomy and state neutrality. Enshrined through Articles 26, 27, and 28, these provisions protect both individual and collective rights to practice, manage, and sustain religious affairs while safeguarding against coercion or discrimination. This topic holds great importance for students preparing for competitive exams like UPSC and State PCS, as it reflects India’s secular ethos and judicial interpretations shaping religious liberty.
These provisions ensure that every citizen and community enjoys spiritual autonomy while maintaining harmony with India’s secular fabric.
Article 26 provides the collective rights of religious denominations to independently manage their religious and charitable affairs while remaining within the bounds of public order, morality, and health.
Unlike Article 25 that protects individual freedom, Article 26 focuses on collective religious freedom, ensuring that religious bodies can govern their internal matters without state interference.
The Supreme Court of India has interpreted “religious denomination” as a distinct community following specific beliefs, structures, and identity. This helps determine who qualifies for protection under Article 26.
In various landmark judgments, the Supreme Court recognized certain organizations as valid religious denominations based on their philosophy and structure.
Article 27 prevents the state from compelling any individual to fund or support a particular religion through taxation, ensuring that the government remains financially neutral in religious matters.
No person can be forced to pay taxes specifically meant for promoting or maintaining a particular religion or denomination. This is crucial to preserve religious equality among all communities.
The restriction under Article 27 applies only to taxes, not to fees. Fees serve an administrative or regulatory purpose and are not seen as promoting religion directly.
Article 28 safeguards students from compulsory participation in religious instruction or worship, ensuring that education under the State remains secular and inclusive.
No religious instruction is permitted in institutions wholly maintained by the State. This ensures that public education remains free from religious influence or bias.
There are limited exceptions for institutions established under trusts or endowments where religious instruction forms a part of the original foundation’s purpose.
The Constitution classifies educational institutions based on their relation with the State, determining the extent to which religious instruction is allowed.
The Articles 26, 27, and 28 of the Indian Constitution represent the essence of secularism and religious liberty. They ensure that every individual and community can freely practice and manage their faith while maintaining the neutrality of the State. For students and aspirants, understanding these provisions is vital for examinations like UPSC, Judiciary, and Law Entrance Tests, as they illustrate India’s balanced approach to religion and governance, rooted in its constitutional philosophy.
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