MODULE 3[B]: RIGHT TO FREEDOM OF

RELIGION [ARTICLES 25 & 26 TO THE

INDIAN CONSTITUTION]
1. INTRODUCTION:

India has been a democratic country since Independence. The Preamble states India to be a
Sovereign, Socialist, Secular and a Democratic Republic. The terms, SOCIALIST and
SECULAR were added by the 42nd Amendment, 1976.

India is considered to be a secular country from the beginning. The idea of Secularism was not
expressly included in the constitution at the stage of its making but its effect was visible in the
Fundamental Rights and Directive Principles of State Policy. Framers of our Constitution
thought that there was no need to include the term ‘secularism’ as it was obvious and the entire
Constitution expressed the concept of a secular state which conveyed non discrimination on the
grounds of religion, cast etc. and equal rights to all citizens of India.

However the words ‘socialist’ and ‘secular’ were added by the 42 nd Amendment by the then
Prime Minister of India.

Secularism in common words mean equality to all irrespective of their religion. It involves two
basic components. First, that people of different faith and sections of the society are equal before
the law. The second condition is that there shall be no mixing up of religion and politics.

The constitution of India recognizes the importance of religion in a person’s life in India,
therefore, it provides for the right of freedom of religion under Article 25 to Article 28 of the
Indian Constitution.
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Articles 25-28 of the Indian Constitution guarantees the right to freedom of religion to all the
citizens as well as groups in India.

 Article 25 guarantees the freedom to profess and practice religion to all the citizens;
 Article 26 guarantees the freedom to manage the religious affairs;
 Article 27 speaks about the freedom to manage religious affairs and
 Article 28 guarantees freedom to attend religious instructions or religious worship in
some educational institutions.

2. ARTICLE 25- FREEDOM OF CONSCIENCE AND FREE

PROFESSION, PRACTICE AND PROPAGATION OF
RELIGION

India is a secular country and every citizen of India is equally entitled to freedom of conscience
and has the right to practice and propagate his/her religion. Article 25 of the Indian Constitution
guarantees the freedom of religion to every citizen of India.

This article can not affect any existing law and it shall follow the restrictions that maybe imposed
by the state on the following grounds which are:

 It shall not prevent the state from making any laws related to regulation or restriction of
any economic, financial, political or secular activity that maybe associated with religious
practice.
 Social welfare and reform: if there is any conflict between the requirement for social
reform and religion practice, religion will be secondary. Social evils cannot be practiced
in the name of religion. This means that the Government can regulate as to what comes
under essential religious practice and what does not and outlaw the latter if it is a social
evil.

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 For example: Sati used to be a social evil in the name of religion, so it was made illegal.
 Opening of Hindu Religious places of a public character to all classes of Hindus. Here,
Hindus are interpreted as including the people professing the Sikh, Jain or Buddhist
religions and Hindu institutions shall also be interpreted accordingly.

3.1. MEANINGS

Freedom of Conscience: It expresses a person’s right to believe in the religious doctrine of any
section or community. This right not only implies to entertain such beliefs but also to act on
those religious beliefs.

Profess: this means to announce freely and openly his/her faith and belief.

Practice: to perform his/her religious duties, rituals etc.

Propagate: It means to the person has the freedom of speech and expression to communicate his
beliefs to another person. This would not include the right to convert another person his/her
religion by manipulation or by force.

Article 25 does not give the right to offer worship at a place which has been built illegally

The court observed that the construction of illegal religious places/shrines on streets and roads
can no way be an integral part of any religion which can be protected under Article 25 of the
Constitution. So, a bench was made which ordered the State government to demolish all such
places of worship that are illegal.

It was also declared that Article 25 did not give right to offer worship at a place which has been
built illegally as structures that cause disturbance to public ultimately violate Article 21 of the
Constitution.

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The Court also said that no religion encourages building illegal places of worships and the court
also directed the government to take action against the people who try to come in between the
demolition.

3. ARTICLE 26: FREEDOM TO MANAGE RELIGIOUS

AFFAIRS

Under Article 26 of the Constitution, right is given to every religious denomination or any
section of such religious denomination to:

 Establish and maintain institutions for religious as well as charitable purposes,

 Manage its own affairs related to religion;
 Possession of any property (movable or immovable);
 Administer such property in accordance with law.

These rights are subject to public order, morality and health.

What is really noteworthy is that it cannot be applied to individuals. Individuals cannot ask for a
freedom to manage religious affairs because this right is given to religious denominations or any
section of such religious denominations. Now a question comes to mind is that what is religious
denomination?

The word ‘religious denomination’ has not been defined by the constitution. In the case of
Commissioner, Hindu Religious endowment Madras v. Sri LaxmindraThirtha Sawmiar of Shri
Shirur Mutt, the court observed the meaning of denomination from Oxford dictionary as, “A
collection of individuals classed together under the same name, as religious sect or body having a
common faith and organization designated by a distinctive name”

5.1. CASE LAWS:

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In the case of Azeez Basha v. Union of India, some amendments which were made in the year
1951 and 1965 to the Aligarh Muslim University Act, 1920 were challenged by the petitioner on
the grounds that they violate the fundamental right under Article 30 to establish and administer
educational institutions and that the rights of Muslim minority under Article 25 and 26 were
violated.

THE MUCH DETAILED & IN- DEPTH EXPLANATION OF ALL

THE ARTICLES HAS BEEN PROVIDED IN THE ADVANCED
CERTIFICATE COURSE ON ENFORCEMENT OF
FUNDAMENTAL RIGHTS.
ADVANCED CERTIFICATE COURSE ON ENFORCEMENT OF FUNDAMENTAL
RIGHTS.

https://www.thelawlearners.com/certificate-course-on-enforcement-o

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