The Indian Constitution, while guaranteeing equality and secularism, also protects the right of every individual to freely profess, practice, and propagate their religion. This fundamental right is enshrined in Articles 25 to 28, forming a cornerstone of India’s diverse and pluralistic society. These articles aim to maintain a balance between individual religious freedoms and the state’s responsibility to ensure public order and social welfare.
Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion
Article 25 is the foundational article that guarantees individual religious freedoms. It states, “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, practice and propagate religion.”
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Freedom of Conscience: This clause ensures that every individual has the freedom to have their own beliefs and convictions. It is a private freedom concerning one’s inner faith and convictions and is the core of religious liberty.
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Freedom to Profess: This means an individual has the right to openly declare their religious belief and faith.
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Freedom to Practice: This grants an individual the freedom to perform religious ceremonies and rituals, and to exhibit their belief through their actions and conduct.
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Freedom to Propagate: This means the right to communicate and spread the doctrines and beliefs of one’s religion. This is subject to the public order, morality and health.
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Restrictions: It’s important to note that these freedoms are subject to certain restrictions, including public order, morality, health, and other provisions of the Constitution. This ensures that the exercise of religious freedom does not harm public well-being.
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Explanation II: Wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Article 26: Freedom to Manage Religious Affairs
Article 26 extends the freedom to religious denominations. It states, “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.”
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Rights of Religious Denominations: This article allows religious groups to manage their own affairs, own property, and establish institutions for religious and charitable purposes.
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Autonomy in Religious Matters: It ensures that religious denominations can manage their own affairs without unnecessary interference from the state, provided their practices are within the bounds of public order, morality, and health.
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Property Rights: The article also provides religious groups with the right to acquire and administer movable and immovable property in accordance with the law.
Article 27: Freedom as to Payment of Taxes for Promotion of any Particular Religion
Article 27 focuses on secularism and the separation of state from religion. It states, “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.”
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Prohibition of Religious Taxes: The state cannot impose taxes that are specifically used to promote or maintain any particular religion. This ensures that the state remains neutral towards all religions and does not use public funds to favor one religion over another.
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Secular Principle: This article embodies the secular nature of the Indian state, preventing the state from being involved in religious promotion.
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General Tax Contributions: This does not prevent the State from levying a tax which is meant to manage and maintain all religious institutions without discriminating based on particular religions.
Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions
Article 28 deals with the freedom of religious instruction in educational institutions. It states, “(1) No religious 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 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.”
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No Religious Instruction in State-Funded Institutions: The state cannot provide religious instruction in institutions that it completely maintains. This promotes secular education.
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Exceptions: This restriction does not apply to institutions administered by the state but established under a trust that requires religious instruction to be provided.
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Voluntary Participation: Students in institutions recognized by the state or receiving aid from it cannot be forced to participate in religious instruction or worship without their or their guardian’s consent. This safeguards individual autonomy and prevents religious indoctrination.
Conclusion
Articles 25 to 28 of the Indian Constitution collectively guarantee the right to freedom of religion. This right allows individuals to freely profess, practice, and propagate their religion while also protecting the secular nature of the state. These articles aim to ensure that India remains a nation where all religions are treated equally, and individuals have the freedom to practice their beliefs without coercion or discrimination, subject to public order, morality, and health. These provisions help maintain a delicate balance between individual religious freedom and the state’s responsibility towards social welfare and public order.