Article 25: Freedom of Religion
27 June, 2020
25. Freedom of Conscience and free profession, practice and propagation of religion –
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, practice and propagate religion.
2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law –
a. Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; b. Providing for social and welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation 1: Wearing and carrying of Kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation 2: 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.
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, practice and propagate religion.
2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law –
a. Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; b. Providing for social and welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation 1: Wearing and carrying of Kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation 2: 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.
Introduction to Article 25
India is a country with many religions and different types of cultures. Due to this multi-religious nature, it becomes important to create some provisions in the constitution which give a feeling of being united among the minority communities. There is a need to make the minority more comfortable in this nation. Due to this 42nd Amendment Act, 1976 was passed by the Parliament which added the word Secular in the Preamble of the Constitution. Secularism is the basic feature of the Constitution (S.R. Bommai v. Union of India, AIR 1994).
Article 25, Clause 1: Freedom of Conscience and the right freely to Profess, Practice and Propagate Religion
Clause 1 of Article 25 is giving the Freedom of Conscience. In this freedom, a person is free to follow whatever religious belief he wants and spread it through word or actions.
Freedom to Profess means the right of a believer to give expression to his belief in Public.
Freedom to Practice means to follow the belief and its rituals in action.
Freedom to propagate religion means the freedom to spread his religion to other people who voluntary want to join it. This doesn’t mean the forcible conversion of religion.
Freedom to Profess means the right of a believer to give expression to his belief in Public.
Freedom to Practice means to follow the belief and its rituals in action.
Freedom to propagate religion means the freedom to spread his religion to other people who voluntary want to join it. This doesn’t mean the forcible conversion of religion.
Article 25, Clause 2- Sub-clause A: Regulating or restricting any economic, financial, political or other secular activity
Sub-clause A of Article 25 is giving the power to the government to create laws for regulating and restricting the activities of the religions.
In the case of Vaishno Devi Shrine, Board v. State of Jammu and Kashmir, AIR 1997, In this case, the validity of Jammu and Kashmir Mata Vaishno Devi Shrine Act, 1988 was challenged. This act was made for better management and governance of the temple. This act was challenged based on a violation of the Fundamental right of Religion of the petitioner. It abolished the hereditary post of the priests and gave the power to the state to make the appointment of priests.
The Supreme Court said that the service of a priest is a secular activity and it can be regulated by the state under clause 2 of Article 25.
The Supreme Court said that the service of a priest is a secular activity and it can be regulated by the state under clause 2 of Article 25.
Article 25, Clause 2- Sub-clause B: Social Welfare and Reforms
Article 25 (2) (B) allows the state to carry on social welfare programmes. This including the opening of religious institutions for all community. The social reform means getting rid of all the dogmas which is to be followed by some of the people while doing their religious activities. These dogmas aren’t the essential part of a religion but then also they have sometimes followed generation after generation. E.g. Abolition of Sati
Article 25 gives the Freedom to Practice religion.
Important cases of Article 25
In the case of Acharya Jadishwaranand Avadhuta v. Commissioner of Police, Calcutta, 1984 (Popularly Known as Anand Marga Case), the Supreme Court said that the Tandava dance which is followed by the community of Anand Marga is not an essential part of the religion. So an order can be passed for the prohibition of Tandava dance in public and it will not violate Article 25 and 26 of the Indian Constitution.
In the case of Moulana Mufti Sayeed Mohd. Norrur Rehman Barkariq v. State of West Bengal, AIR 1999, the High Court said that the restriction imposed by the state on the use of Microphones and loudspeakers at the time of Azaan is not against the Article 25 and 26 of the Indian Constitution.
In the case of Bijoe Emmanuel v. the State of Kerala, (1986) the court said that it is not against the Indian Constitution to not to sing National Anthem in Public, especially when it is going against the religious teachings of a specific religion. Our Constitution is giving the Freedom to Silence under Article 19 (1) (a).
Conclusion of Article 25
Finally, we can say that Article 25 is giving the Freedom of religion to every religion with some restrictions which are vital for the proper functioning of a democracy. It is important to have some restrictions on religion which is following the ethos of Public order, morality and health.
