Right to Freedom of Religion: Articles 25 to 28 of the Indian Constitution

Introduction

The Right to Freedom of Religion is one of the most important fundamental rights provided by the Indian Constitution. It guarantees individuals the freedom to practice, profess, and propagate their religion without interference from the state. This right is enshrined in Articles 25 to 28 of the Constitution, ensuring a secular state where all religions are treated equally.

Table of Contents

1.     What is the Right to Freedom of Religion?

2.     Right to Freedom of Religion Articles

3.     Right to Freedom of Religion: Article 25

4.     Right to Freedom of Religion: Article 26

5.     Right to Freedom of Religion: Article 27

6.     Right to Freedom of Religion: Article 28

7.     Right to Freedom of Religion and Secularism

8.     Western Secularism vs. Indian Secularism

9.     Landmark Judgements on Right to Freedom of Religion

10.                        Right to Freedom of Religion UPSC Notes

11.                        MCQs for UPSC Exam

12.                        FAQs on Right to Freedom of Religion

What is the Right to Freedom of Religion?

The Right to Freedom of Religion in India is one of the six Fundamental Rights guaranteed by the Constitution under Articles 25-28. It allows individuals the freedom to profess, practice, and propagate their religion and ensures that the state treats all religions equally without endorsing or discriminating against any.

Right to Freedom of Religion Articles

The Right to Freedom of Religion in the Indian Constitution ranges from Articles 25 to 28:

• Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
• Article 26: Freedom to manage religious affairs.
• Article 27: Freedom as to payment of taxes for promotion of any particular religion.
• Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Right to Freedom of Religion: Article 25

Article 25 provides the freedom of conscience and the right to freely profess, practice, and propagate religion. It includes:

• Freedom of Conscience: The inner freedom of an individual to choose and hold beliefs.
• Profession, Practice, and Propagation: The outward expression of beliefs through teaching, worship, and observance.

Limitations

• Public Order, Morality, and Health: These freedoms are subject to restrictions to maintain public order, morality, and health.
• Social Welfare and Reform: Allows the state to regulate secular activities associated with religious practices for social welfare and reform.

Right to Freedom of Religion: Article 26

Article 26 provides every religious denomination or any section thereof the following rights:

• Establish and Maintain Institutions: For religious and charitable purposes.
• Manage Affairs: The freedom to manage its own affairs in matters of religion.
• Own and Acquire Property: Both movable and immovable.
• Administer Property: In accordance with law.

Right to Freedom of Religion: Article 27

Article 27 prohibits the imposition of taxes whose proceeds are specifically appropriated for the promotion or maintenance of any particular religion or religious denomination. This ensures that public funds are not used for religious activities.

Right to Freedom of Religion: Article 28

Article 28 deals with the freedom from attending religious instruction or worship in certain educational institutions:

• Institutions Wholly Maintained by State: No religious instruction shall be provided.
• Institutions Administered Under Trusts or Endowments: Religious instruction is permitted if it is in accordance with the trust or endowment.
• Voluntary Participation: No person attending an educational institution recognized by the state or receiving aid from state funds is required to participate in religious instruction without consent.

Right to Freedom of Religion and Secularism

Secularism in India means that the state has no official religion and treats all religions equally. The Indian Constitution incorporates secularism to ensure religious freedom and to maintain harmony among diverse religious communities.

Western Secularism vs. Indian Secularism

• Western Secularism: Complete separation between religion and state, with no state interference in religious matters.
• Indian Secularism: The state maintains a principled distance from all religions but can intervene in religious matters for social reform and welfare. It supports all religions equally without preferential treatment.

Landmark Judgements on Right to Freedom of Religion

1.     Shirur Mutt Case (1954): Defined religious denomination and the extent of religious freedom.

2.     Bijoe Emmanuel vs. State of Kerala (1986): Upheld the right of Jehovah's Witnesses students not to sing the national anthem based on religious beliefs.

3.     S.R. Bommai vs. Union of India (1994): Established that secularism is part of the basic structure of the Constitution.

4.     Indian Young Lawyers Association vs. State of Kerala (2018): Lifted the ban on the entry of women of menstruating age into the Sabarimala temple, reinforcing gender equality in religious practices.

Right to Freedom of Religion UPSC Notes

• Article 25: Freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health.
• Article 26: Freedom to manage religious affairs.
• Article 27: Prohibition of taxes for the promotion of any particular religion.
• Article 28: Freedom as to attendance at religious instruction or worship in state-funded educational institutions.
• Secularism: Indian secularism involves state support for all religions equally and allows for state intervention in religious practices for social reform.

MCQs for UPSC Exam

Question 1

Which article of the Indian Constitution guarantees the Right to Freedom of Religion?

a) Article 14
b) Article 19
c) Article 25
d) Article 32

Answer: c) Article 25

Question 2

What does the Right to Freedom of Religion entail?

a) Freedom to practice any religion
b) Freedom to propagate any religion
c) Freedom from discrimination based on religion
d) All of the above

Answer: d) All of the above

Question 3

Can the Right to Freedom of Religion be restricted?

a) No, it is an absolute right
b) Yes, in the interest of public order, morality, or health
c) Yes, for the protection of the rights of minorities
d) Yes, for national security reasons only

Answer: b) Yes, in the interest of public order, morality, or health

Question 4

Article 27 of the Indian Constitution pertains to:

a) Freedom to manage religious affairs
b) Freedom from paying taxes for promotion of any religion
c) Freedom of conscience
d) Freedom to propagate religion

Answer: b) Freedom from paying taxes for promotion of any religion

Question 5

Which Article provides the freedom as to attendance at religious instruction or worship in educational institutions?

a) Article 25
b) Article 26
c) Article 27
d) Article 28

Answer: d) Article 28

Question 6

Which case established that secularism is part of the basic structure of the Indian Constitution?

a) Shirur Mutt Case
b) Bijoe Emmanuel vs. State of Kerala
c) S.R. Bommai vs. Union of India
d) Indian Young Lawyers Association vs. State of Kerala

Answer: c) S.R. Bommai vs. Union of India

Question 7

Which Article gives religious denominations the right to manage their own affairs in matters of religion?

a) Article 25
b) Article 26
c) Article 27
d) Article 28

Answer: b) Article 26

Question 8

Which article prohibits religious instruction in educational institutions wholly maintained by state funds?

a) Article 25
b) Article 26
c) Article 27
d) Article 28

Answer: d) Article 28

Question 9

Which article allows individuals the freedom to wear and carry a kirpan?

a) Article 25
b) Article 26
c) Article 27
d) Article 28

Answer: a) Article 25

Question 10

Which Article provides the right to establish and maintain institutions for religious and charitable purposes?

a) Article 25
b) Article 26
c) Article 27
d) Article 28

Answer: b) Article 26

FAQs on Right to Freedom of Religion

What is the Right to Freedom of Religion?

The Right to Freedom of Religion means that every person has the freedom to choose, practice, and propagate their religion without interference from the state, as outlined in Articles 25 to 28 of the Indian Constitution.

What are the limitations of the Right to Freedom of Religion?

The Right to Freedom of Religion is subject to limitations concerning public order, morality, health, and social welfare and reform as provided under Articles 25 and 26.

What is the importance of the Right to Freedom of Religion?

The Right to Freedom of Religion ensures that all citizens can practice and profess their religion freely, promoting a pluralistic and diverse society where all religions are treated equally.

What is Article 25 of the Indian Constitution?

Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health.

What is Article 26 of the Indian Constitution?

Article 26 provides religious denominations the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in matters of religion, and own and administer property.

What is Article 27 of the Indian Constitution?

Article 27 prohibits the state from imposing taxes the proceeds of which are specifically appropriated for the promotion or maintenance of any particular religion.

What is Article 28 of the Indian Constitution?

Article 28 stipulates that no religious instruction shall be provided in educational institutions wholly maintained out of state funds. It allows religious instruction in institutions administered by trusts or endowments.

What is secularism?

Secularism refers to the separation of religion from the state, ensuring that the state does not endorse or discriminate against any religion.

How does Indian secularism differ from Western secularism?

Indian secularism allows for state intervention in religious matters for social reform and supports all religions equally, whereas Western secularism entails a complete separation between the state and religion without any state intervention.

What are some examples of the freedom of religion?

Examples include the freedom to change one’s religion, practice religious rituals, establish religious institutions, and manage religious properties.

List of Relevant Articles and Case Laws

Articles

1.     Article 25: Freedom of conscience and free profession, practice, and propagation of religion.

2.     Article 26: Freedom to manage religious affairs.

3.     Article 27: Freedom from paying taxes for the promotion of any particular religion.

4.     Article 28: Freedom as to attendance at religious instruction or worship in certain educational institutions.

5.     Article 35: Legislation to give effect to the provisions of this Part (enabling Parliament to make laws for implementing rights).

Landmark Case Laws

1.     Shirur Mutt Case (1954): Defined the scope of religious denominations and the extent of religious freedom.

2.     Bijoe Emmanuel vs. State of Kerala (1986): Upheld the right of Jehovah's Witnesses students not to sing the national anthem based on religious beliefs.

3.     S.R. Bommai vs. Union of India (1994): Established that secularism is a part of the basic structure of the Constitution.

4.     Indian Young Lawyers Association vs. State of Kerala (2018): Lifted the ban on the entry of women of menstruating age into the Sabarimala temple, reinforcing gender equality in religious practices.

This detailed analysis provides comprehensive coverage of the Right to Freedom of Religion under Articles 25 to 28, along with relevant constitutional provisions, landmark judgments, and statutory laws, tailored for UPSC exam preparation.