13 Right To Freedom of Religion - Arts.25-26-27-28

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Right to Freedom
of Religion
Arts.25,26,27 and 28
1
Click to edit Master
Constitutional title style
Provisions
• Religious Freedom – Art.25 • Protection of interests of minorities –

• Art.29
Freedom to Manage Religious Affairs –
Art. 26 • Right of minorities to establish and
• administer educational institutions – Art.30
Freedom from Payment of Taxes for
promotion of Religion – Art.27 • No Discrimination based on Religion –
• Art.15, Art.16, Art.23
Freedom as to attendance at religious
instruction or religious worship in certain • Fundamental Duty – Art.51A
educational institution – Art.28
2
Provisions
• Religious Freedom – Art.25
• Freedom of conscience
and free profession,
practice and propagation
of religion.
3
Click
Art.25to edit Master title style
• (a) regulating or restricting any economic, financial, political or other

secular activity which may be associated with religious practice;
• (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
4
Click
Right to
to edit Master
Freedom oftitle style
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.
• (2) Nothing in this article shall affect the operation of any existing
law or prevent the State from making any law—
5
Click
• Explanation I.—The wearing and

carrying of kirpans shall be deemed to
be included in the profession of the Sikh
religion.
6
Click
• 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.
7
CA Debate
• Some members were concerned that the right to propagate would facilitate forced conversions,
and proposed amendments that would either remove the right to propagate altogether or limited
the right to practice religion to the private domain. These amendments were rejected. Others
argued that forced conversions did not come within the ambit of this right; further, free propagation
would also lead to public awareness about different religions, thereby promoting understanding and
peace.
• Clause (2), which threw open Hindu religious institutions to any classes or sections of Hindus, was
the subject of heated debate. One member wanted the scope of the Draft Article to extend beyond
Hindus to Buddhists, Jains and Christians. He argued that this would promote religious harmony
among people following different belief systems. Although this amendment was initially rejected by
the Assembly, the Drafting Committee later extended the clause to Buddhists and Jains.
8 8
Click to edit on
Restrictions Master title style
Freedom of Religion – Art.25
• Freedom of Religion • Public order, morality, health;

• Economic, financial, political and any
other secular activity;
• Social welfare and Social reforms;
• Throwing open Hindu Religious
institutions to all classes and sections of
Hindus
9
“
What is Religion?
1010
Click
What to edit Master title style
is Religion?
• 1. Jonathan Swift • 2. Swami Vivekananda said -

• “We have just enough religion to make • Religion is not in doctrines, in dogmas,
us hate, but not enough to make us love nor in intellectual argumentation; it is
one another." being and becoming, it is realisation
11
The Commissioner, Hindu Religious Endowments, Madras... vs Sri
Click to edit
Lakshmindra Master
Thirtha title of
Swamiar style
Shirur Mutt : 1954 AIR 282,
• “…Religion is certainly a matter of faith with individuals or communities

and it is not necessarily theistic. There are well known religions in India
like Buddhism and Jainism which do not believe in God or in any
Intelligent First Cause. A religion undoubtedly has its basis in a system of
beliefs or doctrines which are regarded by those who profess that religion
as conducive to their spiritual well being, but it would not be correct to say
that religion is nothing else, doctrine or belief. A religion may not only lay
down a code of ethical rules for its followers to accept, it might prescribe
rituals and observances, ceremonies and modes of worship which
are regarded as integral parts of religion, and these forms and
observances might extend even to matters of food and dress…”
12
The Durgah title style
Committee, Ajmer and Another v. Syed
Hussain Ali & Others [1962]
• (1) Religion means "a system of beliefs or doctrines which
are regarded by those who professthat religion as
conducive to their spiritual well being";
• (2) A religion is not merely an opinion, doctrine or belief. It has its

outward expression in acts as well;
13
The Durgah title style
Committee, Ajmer and Another v. Syed
Hussain Ali & Others [1962]
• (3) Religion need not be theistic;
• (4) "Religious denomination" means a religious sect or body

having a common faith and organisation and designated by a
distinctive name
14
Click to edit
Defining Master
Religion title
- US style
Courts
• "[t]he term 'religion' has reference to one's views of his relations to

his Creator, and to the obligations they impose of reverence for his
being and character, and of obedience to his will. [Davis v Beason
(1890)]
• This definition of religion reflects the traditional narrow definition,

where "religion" stemmed from a theistic perspective.
15
Click
UnitedtoStates
edit Master title(1943)
v. Kauten style
• Religious belief arises from a sense of the inadequacy of reason as

a means of relating the individual to his fellow-men... in the most
primitive and in the most highly civilized societies.
• It accepts the aid of logic but refuses to be limited by it. It is a belief
finding expression in a conscience which categorically requires the
believer to disregard elementary self-interest and to accept
martyrdom in preference to transgressing its tenets.
16
Click
UnitedtoStates
edit Master title style
v. Ballard3 (1944)
• [E]mbraces the right to maintain theories of life and of death and of

the hereafter which are rank heresy to followers of the orthodox
faiths.... Men may believe what they cannot prove.
• They may not be put to the proof of their religions doctrines or

beliefs. Religious experiences which are as real as life to some may
be incomprehensible to others. Yet the fact that they may be beyond
the ken of mortals does not mean that they can be made suspect
before the law.
17
ClickKesavananda Bharati
to edit Master Sripadagalvaru and Ors. Vs. State
title style
of Kerala and others
• In his petition, Bharati had sought enforcement of rights

guaranteed under Article 25 (Right to practice and propagate
religion), Article 26 (Right to manage religious affairs), Article 14
(Right to equality), Article 19(1) (f) (freedom to acquire property),
Article 31 (Compulsory Acquisition of Property).
• He had prayed that provisions of the Kerala Land Reforms Act,
1963 (Act 1 of 1964) as amended by the Kerala Land Reforms
(Amendment) Act 1969 (Act 35 of 1969) be declared
unconstitutional, ultra vires and void.
• During pendency of the writ petition, the Kerala Land Reforms
(Amendment) Act 1971 was passed and it received assent of
the President on August 7, 1971. 18
Art.25– Scope
Commr.HinduReligious Endowments,Madras v.SriLakshmindraSwamiar
• Article 25 of the Constitution guarantees to every person and not merely to

the citizens of India the freedom of conscience and the right freely to
profess practise and propagate religion.
• This is subject, in every case, to public order, health and morality. Further
exceptions are engrafted upon this right by clause (2) of the article.
• Sub-clause (a) of clause (2) saves the power of the State to make laws
regulating or restricting any economic, financial, political or other
secular activity which may be associated with religious practice; and
sub-clause (b) reserves the State's power to make laws providing for social
reform and social welfare even though they might interfere with-
religious practices.
• Thus, subject to the restrictions which this article imposes, every person has
a fundamental right under our Constitution not merely to entertain such
religious belief as may be approved of by his judgment or conscience
but to exhibit his belief and ideas 19
Click to edit
S.P. Mittal Master
Etc. title style
vs Union Of India And Others on 8
November, 1982
BENCH: MISRA, R.B. (J) CHANDRACHUD, Y.V. ((CJ) BHAGWATI, P.N. REDDY, O. CHINNAPPA (J) ERADI, V. BALAKRISHNA (J)
BENCH:
MISRA, R.B. (J)
CHANDRACHUD, Y.V. (CJ)
BHAGWATI, P.N. (j)
REDDY,O.CHINNAPPA J)
ERADI,V.BALAKRISHNA (J)
20
Click
Facts to edit Master title style
• With the establishment Aurobindo Ashram in TN, the disciples and

devoted followers of Sri Aurobindo with a view to propagate and
practise the ideals and beliefs of Sri Aurobindo formed a Society
called Sri Aurobindo Society in the year 1960, which at all
material times was and is still a society duly registered under the
provisions of the West Bengal Societies Registration Act;
21
Click
• Aurbino Society initiated a project of setting up a cultural

township known as 'Auroville' where people of different countries
are expected to engage in cultural, educational and scientific and
other pursuits aiming at human unity.
• The Society has been a channel of funds for setting up the

cultural township known as Auroville.
22
23
Click
• At the initiative of the Government of India, the United

Nations Educational, Scientific and Cultural Organisation
(UNESCO) being of the opinion that the Auroville project would
contribute to international understanding and for
promotion of peace sponsored the project by proposing a
resolution to this effect at its General Conference in 1966.
• Finding irregularities in handling Auroville project, GOI took over the

project by passing , Auroville (Emergency Provisions) Act, 1980.
24
S.P. Mittal
Click Etc.
to edit vs Union
Master Of India And Others on 8
title style
November, 1982; Justice Chinnappa Reddy
• The word 'religion' does not occur in the
Preamble to the constitution, but the
Preamble does promise to secure to its
citizens
• "Liberty of thought, expression, belief faith
and worship".
• The freedom of conscience and the Right to
profess, propagate and practise religion
guaranteed in Article 25 flow out of the
idea so expressed in Preamble.
25
Click
S.P. to editEtc.
Mittal Master title style
• Freedom of conscience is not to be separated from the

Right to profess, practise and propagate religion.
• They go together and together they form part of the
Right to Freedom of Religion.
• It is clear from Article 25 that secular activity may
be associated with Religion, though the guarantee
of the article does not extend to such activity.
26
Click to edit
S.P. Mittal Master
Etc. title style
• Reading Art.25 in the background of the proclamation
regarding Liberty in the Preamble to the constitution, it is clear
that
• (i) the constitution views religion as comprising thought,
expression, belief, faith or worship, as involving the conscience and
as something which may be professed, practised and propagated
and which is any man's attribute in the same manner as race, sex,
language, residence etc:
27
Click to edit
S.P. Mittal Master
Etc. title style
• (ii) economic, financial, political or other secular activity
may be associated with religious practice though such
activity is not covered by the guarantee of freedom of
conscience and the right freely to profess, practise and
propagate, religion; and so Religion is a matter of
thought, expression, belief, faith and worship, a
matter involving the conscience and a matter which may
be professed, practised and propagated by anyone and
which may even have some secular activity associated
with it
28
Click to edit
S.P. Mittal Master
Etc. title style
• Religion undefined by the constitution, is incapable of precise judicial
definition either.
• In the background of the provisions of the constitution and the light
shed by judicial precedent, it can at best be said that religion is
a matter of faith.
• It is a matter of belief and doctrine. It concerns the conscience i.e.
the spirit of man.
• It must be capable of overt expressions in work and deed, such as
worship or ritual.
• So religion is a matter of belief and doctrine concerning the
human spirit expressed overtly in the form of ritual and worship.
29
Click to edit
S.P. Mittal Master
Etc. title style
• Some religions are easily identifiable as religious; some are
easily identifiable as not religious. There are many in the
penumbral region which instinctively appear to some
as religion and to others as not religions. There is no formula of
general application. There is no knife-edge test.
• Primarily, it is a question of the consciousness of the community,
how does the fraternity or sodality (if it is permissible to use
the word without confining it to Roman Catholic Groups) regard
itself, how do others regard the fraternity or sodality.
30
Click to edit
S.P. Mittal Master
Etc. title style
• A host of other circumstances may have to be

considered,such as, the origin and the history of the
community, therituals observed by the community, what
the founder, if any, taught, what the founder was
understood by his followers to have taught, etc.
31
Click
Bijoe to edit Master
Emmanuel title of
v State style
Kerala (1986) [National Anthem
Case]
• “ the question is not whether a particular
religious belief or practice appeals to our
reason or sentiments but whether the
belief is guinenly and conscientiously held
as part of the profession or practice of
religion. Our personal views and
reactions are irrelevant, if the belief is
genuinely and conscientiously held that it
attracts the protection of Art.25 but
subjects of course, to the inhibitions
contained therein.”
32
Click to edit
M.Ismail Master
Faruqui title style
v Union of India (1994)
33
Click to edit
Whether Master
making title style
‘prayer’ in Mosque is an essential and
integral part of Islam Religion?
34
Click to edit
M.Ismail Master
Faruqui title style
• The right to practice, profess and propagate religion guaranteed under

Article 25 of the Constitution does not necessarily include the right to
acquire or own or possess property.
• Similarly this right does not extend to the right of worship at any and
every place of worship so that any hindrance to worship at a particular
place per se may infringe the religious freedom guaranteed under
Articles 25 and 26 of the Constitution.
• The protection under Articles 25 and 26 of the Constitution is to
religious practice which forms an essential and integral part of the
religion. A practice may be a religious practice but not an essential and
integral part of practice of that religion.
35
Click to edit
M.Ismail Master
Faruqui title style
• While offer of prayer or worship is a religious practice, its offering at

every location where such prayers can be offered would not be an
essential or integral part of such religious practice unless the place
has a particular significance for that religion so as to form an
essential or integral part thereof.
• Places of worship of any religion having particular significance for
that religion, to make it an essential or integral part of the religion,
stand on a different footing and have to be treated differently and
more reverentially.
36
Click to edit
M.Ismail Master
Faruqui title style
• A mosque is not an essential part of the practice of the

religion of Islam and Namaz. (prayer) by Muslims can be
offered anywhere, even in open.
• Accordingly, its acquisition is not prohibited by the

provisions in the Constitution of India.
37
Click toSIVACHARIYARGAL
ADI SAIVA edit Master title
NALAstyle
SANGAM & ORS. v. THE GOVERNMENT OF TAMIL
NADU & ANR. (2015)
• Religion incorporates the particular belief(s) that a group of people

subscribe to. Hinduism, as a religion, incorporates all forms of belief
without mandating the selection or elimination of any one single
belief. It is a religion that has no single founder; no single scripture
and no single set of teachings.
• It has been described as Sanatan Dharma, namely, eternal faith, as
it is the collective wisdom and inspiration of the centuries that
Hinduism seeks to preach and propagate.
38
Art.25(2)(b)
• Deals with
• 1) laws providing for social welfare and social reform and
• 2) throwing open of all “Hindu religious institutions of public order” to

“all classes and sections of Hindus”
39
Click
State to
of edit Master
Bombay title style
v Narasu Appa Mali (1954)
• Whether Hindu Marriage Act, 1956 which prohibited bigamous

marriage is violate of religious freedom?
• Held, no such law is protected under Art.25(2)(b)
• Similarly prohibition of Sati or devadasi are justified under Art.25(2)

(b)
40
throwing open of all “Hindu religious institutions of public
character
Click to edit” Master
to “all classes
titleand sections of Hindus”
style
• Freedom of religion is restricted by throwing open all Hindu

Religious Institutions of public character to all sections of
Hindus;
• Public character would include Temples dedicated to the

public as whole;
41
Click
Art.26to- edit Master
Freedom totitle stylereligious affairs
manage
• 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
42
CA Debate
• The Chairman of the Drafting Committee proposed to make the right subject to ‘public
order, morality and health’. He stated that similar restrictions applied to other
fundamental rights and the State must have the ability to regulate religious institutions
and their affairs if necessary. This was accepted without debate.
• One member took issue with the word ‘charitable’ in clause (a). He argued that allowing
religious denominations to maintain charitable institutions solely to benefit their own
members violated the principles of fraternity and single nationality in the Constitution.
•
4343
Click to edit
Religious Master title style
Denomination
• The word "denomination" has been defined in the Oxford Dictionary

to mean 'collection of individuals classed together under the same
name:
• To be religious denomination – common faith, common organization

and designation by distinctive
44
Click to edit
Puthota Master title
Chinnamma style
v/s Regional Deputy Director Of Public
Instruction, Guntur
• India is home of several religions, such as Islam, Christianity,
Zoroastrianism and Hinduism. The members belonging to each of
these religions would be a denomination;
• The expression “denominations” can also be used for members

forming sect or sub-sects of a religion designated by distinctive
name.
45
Click to edit
“manage Master
its own title in
affairs style
matters of religion”
• “matters of religion “ not limited to matters of doctrine or

belief; it also extends to acts done in pursuance of religion
and, therefore contains a guarantee of rituals and
observances, ceremonies and modes of worship which are
regarded as integral part of religion;
46
Click
Ghostto edit Master title style
Dance?
47
Click to edit
Tandava Master
Dance title style
– protected as rituals?
48
“
Art.27
4949
Click
• Freedom as to payment of taxes for promotion of any particular

religion
• 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 religions
denomination
50
CA Debate
• There was some confusion in the Assembly about the Article’s

meaning. Some members seemed to have misinterpreted the Article to
mean that religious property was not taxable. Operating under this
false understanding, a member argued that religious property should
be treated on par with other types of property and should be taxable.
• Another member intervened and clarified the true meaning of the Draft
Article. He pointed out that in Indian history kings often collected a
special tax to support a particular religion; this use of public tax money
had no place in secular India.
• These amendments were all rejected.
5151
“
Art.28
5252
Click
• Freedom as to attendance at religious instruction or religious worship in certain

educational institutions
• (1) No religion instruction shall be provided in any educational institution wholly
maintained out of State funds
• (2) Nothing in clause ( 1 ) shall apply to an educational institution which is
administered by the State but has been established under any endowment or trust
which requires that religious instruction shall be imparted in such institution
• (3) No person attending any educational institution recognised by the State or
receiving aid out of State funds shall be required to take part in any religious
instruction that may be imparted in such institution or to attend any religious worship
that may be conducted in such institution or in any premises attached thereto unless
such person or, if such person is a minor, his guardian has given his consent thereto
Cultural and Educational Rights
53
CA Debate
• The Chairman of the Drafting Committee pointed out the text of the
Draft Article as it stood allowed non-state institutions funded by the
State to provide religious instruction. He moved an amendment to
remove ‘by the State’ from clause (1). This was accepted by the
Assembly.
• One member proposed that clause (3) be deleted as it was

inconsistent with clause 1 and would further facilitate sectarianism.
This amendment was also accepted.
5454
“
Secularism
5555
56
Click to edit
Religious Master title style
Freedom
• Religious freedom means that the individual is free to consider and

discuss with other the relative claims of differing religions and come
to his decision without any interference from the state.
• The state is excluded from this relationship.
• The state cannot dictate religious beliefs to the individual or compel
him to profess a particular religion. It cannot force him to contribute
financially towards the support of a religion by taxation.
• So there is limited area in which a secular state can legitimately
regulate the manifestation of religion in the interest of public health,
safety or
57
S.R.
Click Bommai
to edit vs style
Master title Union Of India on 11
March, 1994
1994 AIR 1918, 1994 SCC (3) 1
BENCH:
KULDIP SINGH (J)
SAWANT, P.B.
RAMASWAMY, K.
AGRAWAL, S.C. (J)
YOGESHWAR DAYAL (J)
JEEVAN REDDY, B.P. (J)
PANDIAN, S.R. (J)
PANDIAN, S.R. (J)
AHMADI, A.M. (J)
58
Click to edit
Questions forMaster title style
Discussion
• Whether factors like ‘Secularism’ regulate the issuance of a

Proclamation under Article 356 ?
• Is India Secular in true sense of the term?
• Whether Constitutional provisions are sufficient to protect
secularism in India?
• What was the necessity of including “Socialist” & “Secular” terms in
the Preamble by way of 42nd Amendment?
• What was the discussion of SC on “Secularism” in S R Bomai Case?
•
59
Click to editofMaster
Demolition title style
Babri Masjid
60
Click to edit
Invoked Master title style
Art.356
61
Click
Majorto edit Master
issues title style
Involved
• Art.356 – Failure of constitutional machinery in State

• Proclamation by President – Powers of President
• Judicial Review of exercise of President powers
• Federal features of India
• Secularism in India
62
Click to editunder
Secularism Master title
the style
Constitution- AHMADI, J;
• India can rightly be described as the world's most heterogeneous

society. It is a country with a rich heritage. Several races have
converged in this sub- continent.
• They brought with them their own cultures, languages, religions and
customs. These diversities threw up their own problems but the
early leadership showed wisdom and sagacity in tackling them by
preaching the philosophy of accommodation and tolerance.
• This is the message which saints and sufis spread in olden days
and which Mahatma Gandhi and other leaders of modem times
advocated to maintain national unity and integrity.
63
Click to editunder
Secularism Master title
the style
Constitution- AHMADI, J;
• The British policy of divide and rule, aggravated by separate

electorates based on religion, had added a new dimension of mixing
religion with politics which had to be countered and which could be
countered only if the people realised the need for national unity and
integrity.
• It was with the weapons of secularism and non-violence that
Mahatma Gandhi fought the battle for independence against the
mighty colonial rulers
64
S R Bommai’s case title style
• J Ahamadi on Secularism
65
Click
Majorto edit Master
issues title style
Involved
• Art.356 – Failure of constitutional machinery in State

• Proclamation by President – Powers of President
• Judicial Review of exercise of President powers
• Federal features of India
• Secularism in India
66
Provisions on Religion
• Article 28 relates to attendance at religious instructions or religious

worship in certain educational institutions. Then come Articles 29
and 30 which refer to the cultural and educational rights.
• Article 29 inter alia provides that no citizen will be denied admission
to an educational institution maintained wholly or partly from State
funds on grounds only of religion, etc.
• Article 30 permits all minorities, whether based on religion or
language, to establish and administer educational institutions of their
choice and further prohibits the State from discriminating against
such institutions in the matter of granting and.
67
Fundamental Duty title style
• These fundamental rights enshrined in Articles 15, 16, and 25 to 30 leave no manner
of doubt that they form part of the basic structure of the Constitution.
• Besides, by the 42nd Amendment, Part IV-A entitled 'Fundamental Duties' was
introduced which inter alia casts a duty on every citizen to cherish and follow the
noble ideals which inspired our national struggle for freedom, to uphold and protect
the sovereignty, unity and integrity of India, to promote harmony and the spirit of
common brotherhood amongst all the people of India transcending religious,
linguistic and regional or sectional diversities, and to value and preserve the rich
heritage of our composite culture.
• These provisions which I have recalled briefly clearly bring out the dual concept of
secularism and democracy, the principles of accommodation and tolerance as
advocated by Gandhiji and other national leaders.
•
68
42nd Amendment
• By the 42nd Amendment what was implicit was made explicit.

• After the demise of Gandhiji national leaders like Pandit
Nehru,Maulana Azad, Dr Ambedkar and others tried their best to
see that the secular character of the nation, as bequeathed by
Gandhiji, was not jeopardised.
• Dr Ambedkar, Chairman of the Drafting Committee, aware of the
undercurrents cautioned that India was not yet a consolidated and
integrated nation but had to become one.
69
Conclusion
• Religious freedoms guaranteed to ensure peaceful enjoyment of

religious belief of diverse society;
• Secular means not irreligious but treating all religions equally
7070

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13 Right To Freedom of Religion - Arts.25-26-27-28

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Click to edit Master title style

• Religious Freedom – Art.25 • Protection of interests of minorities –

• Religious Freedom – Art.25

• (a) regulating or restricting any economic, financial, political or other

• Explanation I.—The wearing and

• Explanation II.—In sub-clause (b) of

• Freedom of Religion • Public order, morality, health;

• 1. Jonathan Swift • 2. Swami Vivekananda said -

• “…Religion is certainly a matter of faith with individuals or communities

• (2) A religion is not merely an opinion, doctrine or belief. It has its

• (4) "Religious denomination" means a religious sect or body

• "[t]he term 'religion' has reference to one's views of his relations to

• This definition of religion reflects the traditional narrow definition,

• Religious belief arises from a sense of the inadequacy of reason as

• [E]mbraces the right to maintain theories of life and of death and of

• They may not be put to the proof of their religions doctrines or

• In his petition, Bharati had sought enforcement of rights

Click to edit Master title style

• Article 25 of the Constitution guarantees to every person and not merely to

• With the establishment Aurobindo Ashram in TN, the disciples and

• Aurbino Society initiated a project of setting up a cultural

• The Society has been a channel of funds for setting up the

• At the initiative of the Government of India, the United

• Finding irregularities in handling Auroville project, GOI took over the

• Freedom of conscience is not to be separated from the

• A host of other circumstances may have to be

• The right to practice, profess and propagate religion guaranteed under

• While offer of prayer or worship is a religious practice, its offering at

• A mosque is not an essential part of the practice of the

• Accordingly, its acquisition is not prohibited by the

• Religion incorporates the particular belief(s) that a group of people

• 2) throwing open of all “Hindu religious institutions of public order” to

• Whether Hindu Marriage Act, 1956 which prohibited bigamous

• Held, no such law is protected under Art.25(2)(b)

• Similarly prohibition of Sati or devadasi are justified under Art.25(2)

• Freedom of religion is restricted by throwing open all Hindu

• Public character would include Temples dedicated to the

• Subject to public order, morality and health, every religious

• The word "denomination" has been defined in the Oxford Dictionary

• To be religious denomination – common faith, common organization

• The expression “denominations” can also be used for members

• “matters of religion “ not limited to matters of doctrine or

• Freedom as to payment of taxes for promotion of any particular

• No person shall be compelled to pay any taxes, the proceeds of

• There was some confusion in the Assembly about the Article’s

• Freedom as to attendance at religious instruction or religious worship in certain

• One member proposed that clause (3) be deleted as it was

• Religious freedom means that the individual is free to consider and

• Whether factors like ‘Secularism’ regulate the issuance of a

• Art.356 – Failure of constitutional machinery in State

• India can rightly be described as the world's most heterogeneous

• The British policy of divide and rule, aggravated by separate

• Art.356 – Failure of constitutional machinery in State

• Article 28 relates to attendance at religious instructions or religious

• By the 42nd Amendment what was implicit was made explicit.

• Religious freedoms guaranteed to ensure peaceful enjoyment of

• Secular means not irreligious but treating all religions equally

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