Right to Freedom of Religion: Article 25- 28
Published on: 29 June, 2020
Our Constitution makers knew the importance of Religion in the lives of a normal human being. So they made this as a 5th Fundamental Right in the Constitution of India. This Fundamental right consists of 4 Articles in the Indian constitution.
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
Let us understand each article one by one:
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
Let us understand each article one by one:
Article 25: Freedom of Conscience and Free profession, practice and propagation of religion
This is the first article of Right to Freedom of religion. Subject to Public order, morality and health and other provisions of part 3, this article is giving the freedom of conscience and the right to freely to profess, practice and propagate religion.
Right to Freedom of Religion is the fourth Fundamental Right given in our Constitution.
1. 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.
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.
2. Article 25, Clause 2- Sub-clause A: Regulating or restricting any economic, financial, political or other secular activity
Sub-clause 1 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.
Sub-clause 1 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.
3. 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 (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 26: Freedom to manage religious affairs
Article 26 is the second article of the Right to Freedom of Religion (Article 25-28). This right to Freedom of Religion is a Fundamental Right which is given in our Constitution. This article is giving the freedom to manage the religious affairs of the citizens.
Subject to Public order, morality and health, this Article is guaranteeing to every religious denomination following 4 rights:
Subject to Public order, morality and health, this Article is guaranteeing to every religious denomination following 4 rights:
1. Article 26 (a): Right to establish and maintain institutions for religious and charitable purposes: The right to establish and maintain religious institution is given to every religious institution. The word establishes and maintain must be read together. So it is important for a religious institution to first establish a religious institution and only then the right to maintain an institution is to be given to that group. It is to be noted that the right to maintain an institution will also include the right to administer it.
2. Article 26 (b): Right to manage its affairs in matters of religion: Every religious institution has the right to manage its affairs in matters of religion. The State has got no right to interfere in these matters unless it is affecting the public order, morality and health of the citizens.
2. Article 26 (b): Right to manage its affairs in matters of religion: Every religious institution has the right to manage its affairs in matters of religion. The State has got no right to interfere in these matters unless it is affecting the public order, morality and health of the citizens.
3. Article 26 (c): Right to own and acquire movable and immovable property: Every religious denomination and a section are having the full right to own and acquire any movable or immovable property. The state can regulate the property of a religious denomination by law.
4. Article 26 (d): Right to administer such property in accordance with law: It is the right of the religious institutions to acquire the property. After they acquire the property, they have the liberty to administer such property following the law. The State can regulate the administration of the property belonging to the religious entity. It is also important to understand that the state cannot altogether take away the right of the administration from the religious institution.
4. Article 26 (d): Right to administer such property in accordance with law: It is the right of the religious institutions to acquire the property. After they acquire the property, they have the liberty to administer such property following the law. The State can regulate the administration of the property belonging to the religious entity. It is also important to understand that the state cannot altogether take away the right of the administration from the religious institution.
Article 27: Freedom as to payment of taxes for promotion of any particular religion
This article says that the government cannot levy any kinds of taxes from its citizens and then use those taxes for the promotion of a specific religion. It is important to understand that this article is banning the taxes to be used for religious purpose but it’s not banning the imposition of a fee. If there are any communal riots then it’s valid for the government to use its funds to reconstruct those damaged structures using its own money from taxes.
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Article 28 of the Indian Constitution is dividing the Indian educational institutions into 4 types:
1. Institutions completely maintained by the State.
2. Institutions administered by the State but established under any endowment or trust.
3. Institutions recognized by the State.
4. Institutions receiving aid from the State.
In 1st type of Institution's religious instructions are completely prohibited.
In 2nd type of institutions, religious instructions are permitted.
In 3rd and 4th type of institutions, religious instructions are permitted voluntarily.
1. Institutions completely maintained by the State.
2. Institutions administered by the State but established under any endowment or trust.
3. Institutions recognized by the State.
4. Institutions receiving aid from the State.
In 1st type of Institution's religious instructions are completely prohibited.
In 2nd type of institutions, religious instructions are permitted.
In 3rd and 4th type of institutions, religious instructions are permitted voluntarily.
Conclusion: Right to Freedom of Religion
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).
So, Right to Freedom of Religion is the fourth Fundamental Right which is given for a society where every religion is given importance but at the same time, they are also not given too much importance which can lead to stoppage of scientific development in the society.
