Articles 25–28 guarantee freedom of religion and establish the constitutional framework for religious freedom in India.
They protect:
The provisions reflect India's constitutional commitment to:
Religious freedom + Equality + Secularism
Article 25 guarantees to all persons:
Therefore, Article 25 is available to:
Citizens + Foreigners
subject to constitutional limitations.
Freedom of conscience means the internal freedom of an individual to:
It protects the individual's inner freedom of belief.
To profess religion means:
Openly declare or express one's religious beliefs.
It protects the expression of religious identity and belief.
The freedom to practise religion protects religious acts and practices.
However, every activity associated with religion is not automatically immune from regulation.
The Constitution permits regulation of secular activities associated with religious practice.
Article 25 includes the right to:
Propagate religion
Propagation means communicating or spreading one's religious beliefs.
However:
Propagation ≠ Right to forcibly convert another person.
The freedom is subject to the constitutional limitations under Article 25.
Article 25 is subject to:
Therefore:
Religious freedom is not absolute.
The State can regulate religious activities where constitutionally permitted.
Article 25(2) permits the State to regulate:
Economic, financial, political or other secular activity
associated with religious practice.
This creates a distinction between:
Essential religious activity
and:
Secular activities connected with religion.
Article 25(2)(b) permits the State to make laws for:
Social welfare and reform
It also permits laws opening Hindu religious institutions of a public character to:
All classes and sections of Hindus.
This demonstrates that religious freedom operates alongside the constitutional commitment to:
Social reform and equality.
The Constitution specifically provides that:
Wearing and carrying of kirpans
is deemed to be included in the profession of the Sikh religion.
This is an important constitutional recognition of a Sikh religious practice.
Article 26 provides rights to:
Every religious denomination or any section thereof
subject to:
A religious denomination has the right to:
for religious and charitable purposes.
in matters of religion.
subject to law.
in accordance with law.
The Supreme Court has interpreted the expression:
Religious denomination
to require characteristics such as:
The concept was discussed in:
Shirur Mutt case — 1954
In:
Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt
the Supreme Court gave an important interpretation of:
The case is foundational to Indian religious-freedom jurisprudence.
Article 27 provides protection against being compelled to pay a tax:
Specifically appropriated for the promotion or maintenance of any particular religion or religious denomination.
The provision supports:
Secular governance
Article 27 specifically concerns:
Taxation
It does not prohibit every form of fee associated with religious institutions.
A regulatory or service-related fee is conceptually different from a tax specifically imposed to promote a religion.
Article 28 deals with:
Religious instruction in educational institutions.
Its application depends on the type of institution.
No religious instruction shall be provided in an educational institution:
Wholly maintained out of State funds.
This is the general constitutional rule.
The prohibition under Article 28(1) does not apply to an educational institution:
Administered by the State
but established under an endowment or trust that requires religious instruction to be provided.
No person attending an educational institution recognised by the State or receiving State aid can be required:
unless:
Consent
is given.
For a minor, the consent of the guardian is relevant.
Individual religious freedom
→ Conscience
→ Profess
→ Practise
→ Propagate
Denominational rights
→ Religious affairs
→ Institutions
→ Property
Religious taxation
→ No tax specifically appropriated for promotion of a particular religion
Religious instruction
→ Rules for educational institutions
The distinction is important.
Primarily protects:
Individual religious freedom
Protects:
Religious denominations and sections thereof
Therefore:
Article 25 → Individual
Article 26 → Religious denomination
Indian secularism does not mean complete separation of religion and State in the same manner as some Western models.
The Indian Constitution allows the State to:
Therefore, Indian secularism involves:
Principled constitutional regulation of religion
alongside:
Religious freedom.
The Supreme Court has developed the:
Essential Religious Practices Doctrine
to determine whether a claimed religious practice receives constitutional protection.
The doctrine asks whether a practice is:
Essential or integral to the religion.
The doctrine originated prominently in:
Shirur Mutt — 1954
Not every practice claimed to be religious receives automatic constitutional protection.
Courts may examine:
This area remains constitutionally significant and sometimes contested.
The Constitution balances:
Religious freedom
with:
Social reform
For example, Article 25(2) permits State intervention for social welfare and reform.
This reflects the Constitution's broader objective of:
Equality + Dignity + Social Justice
Religious freedom must be read with other Fundamental Rights.
For example:
Articles 14–18
→ Equality
Articles 25–28
→ Religious freedom
The Constitution therefore seeks to prevent religious freedom from becoming a basis for unconstitutional discrimination.
The State can impose restrictions on religious practices in the interests of:
Public order
This is important where religious activities affect:
However, restrictions must remain constitutionally justified.
Article 25 expressly makes religious freedom subject to:
Morality
The constitutional concept of morality is interpreted within the constitutional framework rather than merely according to prevailing social morality.
Article 25 is also subject to:
Health
Therefore, the State may regulate religious practices where necessary to protect public health, subject to constitutional requirements.
The Constitution protects:
Propagation
but does not create a Fundamental Right to:
Force or fraudulently induce conversion.
The Supreme Court has recognised the distinction between:
Propagating one's faith
and:
Forcibly converting another person.
| Case | Key Principle |
|---|---|
| Shirur Mutt, 1954 | Religious denomination + essential religious practices |
| Ratilal Panachand Gandhi, 1954 | Religious freedom and administration |
| Bijoe Emmanuel, 1986 | Freedom of conscience |
| S.R. Bommai, 1994 | Secularism as a constitutional principle |
| Ismail Faruqui, 1994 | Religious practice and constitutional protection |
| Shayara Bano, 2017 | Constitutional scrutiny of religious practices |
| Sabarimala, 2018 | Equality and religious practice |
| Indian Young Lawyers Association, 2018 | Women's entry and religious practice |
The Supreme Court protected the rights of students who, because of their religious conscience, did not sing the National Anthem but respectfully stood during it.
The case illustrates:
Freedom of conscience under Article 25
and the importance of constitutional tolerance.
The Supreme Court recognised:
Secularism
as an important feature of the constitutional structure.
The case is important for understanding:
The Supreme Court considered questions involving:
It illustrates the complex relationship between:
Articles 14, 15, 17, 25 and 26.
Freedom of conscience + profess + practise + propagate
All persons
Religious denominations
Freedom from religious taxation
Religious instruction in educational institutions
Public order + morality + health + other Part III provisions
Social welfare and reform
Kirpan
No religious instruction in institutions wholly maintained from State funds.
"Article 25 is available only to citizens."
False
It is available to:
All persons.
"Article 25 provides an absolute right to propagate and convert."
False
Propagation does not include a constitutional right to force or fraudulently induce conversion.
"Article 26 protects every individual."
False
It protects:
Religious denominations or sections thereof.
"Article 27 prohibits every government expenditure involving religion."
False
It specifically concerns taxation appropriated for the promotion or maintenance of a particular religion or denomination.
"Religious instruction is prohibited in every educational institution."
False
Article 28 contains different rules depending on the nature of the institution.
"Article 25 gives unlimited protection to religious practices."
False
It is subject to:
Public order + morality + health + other Part III provisions.
"Indian secularism means the State can never regulate religion."
False
The Constitution permits regulation of secular activities associated with religion and social reform in specified circumstances.
"How does the Indian Constitution balance religious freedom with social reform and equality?"
Articles 25–28 guarantee religious freedom while making it subject to constitutional limitations and permitting State intervention for public order, morality, health and social welfare and reform.
Religious freedom
→ Article 25
→ Individual conscience and religious practice
Denominational autonomy
→ Article 26
Secular taxation
→ Article 27
Educational neutrality
→ Article 28
Religious freedom
Equality
Social reform
Public order
Human dignity
Shirur Mutt
→ Essential religious practices
Bijoe Emmanuel
→ Freedom of conscience
S.R. Bommai
→ Secularism
Sabarimala
→ Equality + religious practice
The Indian model does not treat religious freedom as absolute. It protects genuine religious liberty while permitting constitutionally justified intervention to uphold equality, dignity, public order and social reform.
Conscience
Profess
Practise
Propagate
↓
Subject to:
Public order
Morality
Health
Other Part III provisions
Religious denomination
↓
No tax specifically appropriated to promote a particular religion
Religious instruction
↓
Different rules based on:
Nature of educational institution
Article 25 = Individual religious freedom
Article 26 = Denominational religious freedom
Article 27 = Religious taxation
Article 28 = Religious instruction
The constitutional principle is:
Religious freedom + Equality + Social reform + Secularism
rather than unrestricted religious autonomy.
