Right to Freedom of Religion in Indian Constitution covering Articles 25 to 28, including freedom of conscience, religious practices, and non-discrimination.
Right to Freedom of Religion
Freedom of Conscience and Free Profession, Practice and Propagation of Religion
Article 25 and its Scope
Article 25 guarantees every individual the freedom of conscience along with the right to profess, practice, and propagate any religion.
These protections apply equally to citizens and non-citizens.
Core Rights under Article 25
(i) Freedom of conscience: Inner liberty of a person to shape their relationship with God or any spiritual entity in any desired way.
(ii) Right to profess: Open and free declaration of one’s faith and religious beliefs.
(iii) Right to practice: Observance of religious rituals, ceremonies, worship, and display of beliefs.
(iv) Right to propagate: Communicating or spreading religious tenets to others. This does not include any right to forcibly convert another individual, as such actions violate the guaranteed freedom of conscience of others.
Coverage of Beliefs and Practices
Article 25 protects both religious doctrines and ritualistic practices.
These rights remain subject to public order, morality, health, and other fundamental rights.
State Powers and Limitations
The State may:
(i) Regulate or restrict any economic, financial, political, or other secular activities linked to religion.
(ii) Promote social reform and welfare, including allowing all Hindus—irrespective of caste or section—to access public Hindu religious institutions.
Special Explanations in Article 25
(i) The carrying of kirpans is recognized as an essential aspect of the Sikh religion.
(ii) For this Article, the term Hindus also encompasses Sikhs, Jains, and Buddhists.
Freedom to Manage Religious Affairs, Freedom from Religious Taxation, and Freedom from Religious Instruction
Freedom to Manage Religious Affairs (Article 26)
Article 26 safeguards the collective rights of every religious denomination or any section thereof.
It provides the rights to:
(i) Establish and maintain institutions for religious and charitable purposes.
(ii) Manage internal matters relating to religion independently.
(iii) Acquire and own both movable and immovable property.
(iv) Administer such property in accordance with the law.
Unlike Article 25 (individual rights), Article 26 guarantees rights to religious groups collectively.
These rights are subject to public order, morality, and health but are not restricted by other fundamental rights provisions.
Criteria for a Religious Denomination (as held by the Supreme Court)
(i) A body of individuals following a common set of beliefs or doctrines considered essential to their spiritual well-being.
(ii) Possession of a common organisational structure.
(iii) Recognition by a distinctive name.
The Supreme Court recognised the Ramakrishna Mission and Ananda Marga as religious denominations within the Hindu faith, but held that the Aurobindo Society is not one.
Freedom from Taxation for the Promotion of a Religion (Article 27)
No person can be compelled to pay taxes for the promotion or maintenance of a specific religion or denomination.
The State cannot use public funds raised through taxation to favour or support one religion over others.
However, taxes may be spent for the promotion or maintenance of all religions equally.
This restriction applies only to taxes, not to fees, since fees are intended for regulating secular administration, not promoting religion.
Examples:
(i) Fees charged to pilgrims for providing safety measures or special services.
(ii) Fees on religious endowments to cover regulatory expenses.
Freedom from Attending Religious Instruction (Article 28)
Article 28 prohibits compulsory religious instruction in certain institutions while allowing voluntary participation in others.
No religious instruction is allowed in educational institutions wholly maintained by the State.
Exceptions:
(i) Institutions administered by the State but established under an endowment or trust requiring religious instruction.
No student in a recognised or State-aided institution can be required to attend religious instruction or worship without consent; for minors, guardian consent is needed.
Categories of Educational Institutions under Article 28
(i) Institutions wholly maintained by the State — religious instruction completely prohibited.
(ii) Institutions administered by the State but founded under an endowment or trust — religious instruction permitted.
(iii) Institutions recognised by the State — religious instruction voluntary.
(iv) Institutions receiving State aid — religious instruction voluntary.
