ARTICLES 25-29

NAME AND TOPIC CLASS ENROLLMENT

ROLL NO. NO.

DEEPANSHI VERMA    (ARTICLE 25) 11 01120802721

MALVIKA SACHDEV    (ARTICLE 26) 43 35120802721

SIDDHANT KAUSHIK  (ARTICLE 27) 45 35320802721

VINAYAK SAHU             (ARTICLE 28) 48 35620802721

DEVANSHI                      (ARTICLE 29) 53 36120802721

 FUNDAMENTAL RIGHTS
• The basic concept of fundamental rights is to assure every citizen of the nation can live a life of peace and
harmony throughout the territory of India and considered to be essential for the development of each and every
individual. 
• Features-Some of the fundamental rights are available only to the citizens of India while some are available to
everyone such as Indian citizens, foreign citizens, as even companies and corporations
• The State can impose reasonable restrictions on these rights, thus making them qualified and not absolute.
• These fundamental rights are defended and guaranteed by the Supreme Court of India, hence the aggrieved party
can directly move to the Supreme Court on the infringement of these rights.
• These rights can be suspended during the operation of National emergency except the rights defined under Article
20 and 21.
• The application of these rights can be restricted when a military rule is imposed under abnormal circumstances to
restore order (Article 34).
Article 25: Freedom of conscience and free profession,
practice and propagation of religion
• 25(1): 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.
• 25(2): Nothing in this article shall affect the operation of any existing law or prevent
the State from making any law—
• 25(2)(a): regulating or restricting any economic, financial, political or other secular
activity which may be associated with religious practice;
• 25(2)(b): providing for social welfare and reform or the throwing open of Hindu
religious institutions of a public character to all classes and sections of Hindus.
• Explanation I.—The wearing and carrying of kirpans shall be deemed to
be included in the profession of the Sikh religion.
• Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus
shall be construed as including a reference to persons professing the Sikh,
Jaina or Buddhist religion, and the reference to Hindu religious institutions
shall be construed accordingly
 Article 25(1):
• This clause provides four types of freedom for religious activity.
• Freedom of conscience: Inner freedom of an individual to mold his relation with
God or Creatures in whatever way he desires.
• Right to profess: Declaration of one’s religious beliefs and faith openly and freely.
• Right to practice: Performance of religious worship, rituals, ceremonies and
exhibition of beliefs and ideas.
• Right to propagate: Transmission and dissemination of one’s religious beliefs to
others or exposition of the tenets of one’s religion.
 Article 25(2):

• Clause (2) of Article 25 gives power to the legislature (State and Center) to formulate
laws to impose restrictions on certain grounds on this right.
• In this way, the state can impose restrictions on the religious freedom of the person by
making a law on the following grounds.
• To maintain public order, morality and health.
• To regulate or prohibit any economic, financial, political or other secular activities related
to religious conduct.
• For social welfare and reform or for all sections and departments of public work
organizations of Hindus.
• This article does not grant some right but public use this as their religious right.
• The provision of this article does not give individuals the right to
conduct animal sacrifice and perform religious rituals on a busy street or
public place that causes inconvenience to others.
• Use of loudspeakers in temples or mosques is not guaranteed in Article 25.
• Bursting firecrackers for religious occasions and using loudspeakers during
religious prayers had come under the scrutiny of the Supreme Court that
restricted the time of bursting crackers.
• There is a specific place to pray or namaz, people can’t claim any place to
perform rituals.
 Bijoe Emmanuel vs the State of Kerala:-
• If some people not speak the national anthem due to religious belief then it
is not considered as disrespect of the anthem. But they have to stand up for
giving respect to the national anthem.
 INTRODUCTION TO ARTICLE 26
• . Dr B.R Ambedkar said, “The religious conceptions in this country are so
vast that they cover every aspect of life, from birth to death.” It is also often
quoted that Hinduism is a way of life and not just a religion. Therefore the
constitution in Part III under Articles 25 & 26, distinctly grants the
fundamental freedom to religion. This right is established in two respects:
first, the right of an individual to practice, profess and propagate religion,
second, the right of the denomination or sections.
 ARTICLE 26 AS WRITTEN IN INDIAN
CONSTITUTION 
• Freedom to manage religious affairs subject to public order, morality and
health, every religious denomination or any section thereof shall have the
right
(a), to establish and maintain institutions for religious and charitable
purposes;
(b). to manage its own affairs in matters of religion;
(c). to own and acquire movable and immovable property;
and
(d). to administer such property in accordance with law
 WHAT IS A RELIGIOUS
DENOMINATION?

A denomination is “a collection of individuals, classed together under the

same name;now almost always specifically, specially a religious section or
body having a common faith and organisation and designated by a
distinctive name.”
Thus if a body has a:
1. Common Faith
2. Common Organisation
3. Distinctive Name; it categorises as a religious denomination.
 RIGHTS GUARANTEED UNDER
ARTICLE 26

• Right to
establish and • Right to own • Right to
• Right to
maintain and acquire administer such
manage its own
institutions for movable and property in
religious
religious and immovable accordance
affairs.
charitable property  with law
purpose.
 DELHI SIKH SGPC

Delhi Sikh Shiromani Gurdwara Parbandhak Committee

is an autonomous organisation which manages
Gurdwaras in Delhi state. It also manages various
educational institutions, hospitals, old age homes,
libraries and other charitable institutions in Delhi. It is
headquartered in Gurdwara Rakab Ganj Sahib, near
Parliament House. In 1971, the Government of India
entrusted the management, through an ordinance, to a
five-member Gurdwara Board.
 CASE ANALYSIS OF TMA PAI
FOUNDATION V. STATE OF KARNATAKA
• The governor of Karnataka promulgated an ordinance called the
“Karnataka Educational Institutions Ordinance, 1984” with the aim to
prevent the educational institutions to charge excessive amounts in the name
of fees. The state government also passed an order fixing the total intake of
the students and also imposing a fixed percentage of seats as government
seats.
• The engineering college, owned by the TMA Pai trust fell into the category
of Minority unaided private educational institution as it was not receiving
any aid from the state.
• Challenging the 1984 ordinance and the order of the state the petitioners
filed a writ petition on the basis that the government’s regulation in the
administration of the Minority educational institution infringes the rights of
the minorities to establish and administer educational institutions.
 ARTICLE 27

FREEDOM AS TO PAYMENT OF
TAXES FOR PROMOTION OF ANY
PARTICULAR RELIGION
 STATEMENT

“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.”
 Let us understand this with an example :

JIZYA TAX SYSTEM IN THE MUGHAL EMPIRE

 Imposed in India by Qutb-ud-din Aibak.
 Jizya was a tax collected by Mughal rulers
only from the Non-Muslim residents of the
territory in the name of protection.
 It was abolished by Akbar in the 16th
century but was reintroduced by
Aurangzeb in the 17th century.
NO COMPULSION TO PAY TAX

No person can be forced to pay any kind of tax which

is related to any particular religion.
BUT
If a person wants to give their money to a religion for
its promotion or maintenance with his own will then
he/she is allowed to do so.
PAID TAX CANNOT BE USED

The state should not spend the public money collected

in the form of tax for the promotion or maintenance
of any particular religion.
EQUAL CONTRIBUTION TO ALL RELIGIONS
This prohibits the state from favouring, patronising and
supporting one religion over the other.
This means that the taxes can be used for the promotion or
maintenance of all religions (Equally/Not for one particular
religion)
For example: Central and state government organizes Haj,
Kumbh mela and various other subsidies for different
religions.
COLLECTION OF FEE IS ALLOWED
• This provision prohibits only the collection of tax and not
fee
• Fee is different from tax, the purpose of fee is to maintain
and promote a religious institution and the payer gets a
service in return whereas tax is taken by the government
and it is for every citizen.
• For example: A fee is paid when we go to Tirupati Balaji
temple.
 A LOOPHOLE

• Many people take advantage of this law

by laundering their black money.
• They open a Trust in the name of a
religious institution.
• Then they keep all their black money in
it on which no tax has to be payed.
• Then they show fake expenses by the
trust and hence convert their black
money into white.