CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001

CONSTITUTIONAL LAW-I
TOPIC: “RIGHT TO PROFESS,PROPAGATE AND PRACTICE
RELIGION”
ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE COURSE
TITLED

PROPOSAL SUBMITTED BY
NAME: RISHABH SINHA
ROLL NO: 2034
SEMESTER: FIFTH
YEAR: 2018-2023
COURSE: B.B.A.,LL.B. (HONS)
PROPOSAL SUBMITTED TO

Dr. Anirudh Prasad

FACULTY OF CONSTITUTIONAL LAW-I
INTRODUCTION
Clause (1) of Article 25 provides: "Subject to public order, morality and health and to the
other provisions of this Part, all persons are equally entitled to freedom of conscience and the
right freely to profess, practise and propagate religion."
This Clause secures to every person—
a) freedom of conscience; and
b) the right to—
I. profess religion;
II. practise religion; and
III. propagate religion.
Freedom of conscience , as stated above, means the freedom to hold or to, entertain religious
beliefs. Any belief which is genuinely and conscientiously held, or any religious belief, as
may be approved by his judgment or conscience, attracts the protection of Article 25(1). It
simply means the freedom of religious opinion. Until this inner belief is expressed in any
outward form, it is merely the "freedom of conscience".

Article 25 (1) guarantees the right to profess religion. To "profess" means "to avow publicity;
to make an open declaration of; to declare one’s belief in; as to profess Christ; to accept into
religious order". Thus, to profess a particular religion means to declare freely and openly
one’s faith or belief in. To practise religion means to perform religious duties, rites or rituals.
The protection is, thus, not limited to matters of doctrines but extends to rituals and
observances. The expression "practise of religion" signifies acts done in pursuance of
religious belief. The guarantee contained in Article 25(1), not only, protects the freedom of
religious opinion, but it protects also acts done in pursuance of a religion. To enable a person
to practise the beliefs and opinions which he holds, in a meaningful manner, it is essential for
him to receive the relevant information, otherwise, he may be prevented from acting in
consonance with his beliefs and opinions.

To propagate religion, means to spread and publicise one’s religious views. 1 Holding public
meetings by persons for propagating their religion is held to be guaranteed under Article
25(1)2 . But to "propagate religion" indicates persuasion and exposition without any element
of coercion. It does not include the right to insult the religion of others. 3

1
Commissioner, H.R.E. v. L.T. Swamiar, AIR 1954 SC 282.
2
Sri Lakshamana Yalendrulu v. State of A.P. , AIR 1996 SC 1414.
3
Ramjilal v. State of U.P., AIR 1957 SC 620.
AIMS AND OBJECTIVES
1. The researcher tends to throw light on the freedom of conscience
2. The researcher tends to emphasize the freedom of religion as well as the right to
profess,propagate and practice one’s religion.

RESEARCH METHODOLOGY

The researcher will be relying upon doctrinal mode of research.

SOURCES OF DATA
The researcher uses primary sources of data.

TENTATIVE CHAPTERIZATION
1. Introduction
2. Freedom of Conscience
3. Right to profess,propagate and practice religion
4. Restrictions on the freedom of religion
5. Freedom of religion of religious denominations(Article 26)
6. Conclusion & Suggestion
BIBLIOGRAPHY
Primary source :
Books-
 Jain MP, Indian Constitutional Law (5th edition), Wadhwa Nagpur Publications, 2004
(reprint)
 Pandey JN. Dr., The Constitutional Law of India (48 th edition), Central Law Agency,
2011
 Singh M.M., The Constitution of India, The World Press Private Ltd. Calcutta, 1975
 Kumar Narender, Constitutional Law of India (reprint edition), Allahabad Law
Agency, 2016
 D.J. DE, The Constitution of India, Volume 2 nd, 2005