Article 25 of the Indian Constitution
Article 25 of the Indian Constitution: Freedom of Religion
Text of Article 25:
"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."
What does Article 25 mean?
Article 25 guarantees freedom of religion to all individuals in India. This right includes:
Freedom of conscience: The right to hold one’s own beliefs or faith.
Freedom to profess religion: The right to declare or express one’s religion openly.
Freedom to practice religion: The right to carry out religious rituals and observances.
Freedom to propagate religion: The right to spread or promote one’s religion to others.
Key Features of Article 25
Universal Application:
Applies to all persons, including minorities, majorities, citizens, and non-citizens.
Subject to Reasonable Restrictions:
The freedom is not absolute; it is subject to:
Public order
Morality
Health
Other fundamental rights (such as equality under Article 14)
Other provisions of Part III of the Constitution
Includes Propagation:
The right to propagate one’s religion is unique and allows active efforts to spread religious beliefs. However, it does not include the right to convert forcibly or by fraud.
State Restrictions Possible:
The state can regulate or restrict religious practices that violate social welfare, reform, or public interest.
Scope and Limitations
Freedom to practice religion means performing religious rituals and observances.
Freedom to propagate means sharing beliefs, but conversion by force, fraud, or inducement is prohibited.
Religious practices against public order, morality, or health can be regulated or prohibited.
Article 25 also allows the state to regulate secular activities associated with religion (like charity or social customs) under social welfare laws.
Important Case Laws on Article 25
S.R. Bommai v. Union of India (1994)
The Supreme Court emphasized that secularism is part of the basic structure, and Article 25 protects religious freedom but within the constitutional framework.
Religious practices cannot violate public order or other constitutional provisions.
Bijoe Emmanuel v. State of Kerala (1986)
Children refused to sing the national anthem on religious grounds.
The Court upheld their right to freedom of conscience under Article 25, protecting individual religious beliefs even when conflicting with state demands.
Rev. Stainislaus v. State of Madhya Pradesh (1977)
The Court held that the right to propagate religion under Article 25 does not include the right to convert someone by force, fraud, or inducement.
State laws regulating conversion for maintaining public order are valid.
Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954)
The Court held that state regulation of religious institutions is permissible to ensure proper management and prevent misuse.
The right to religion does not include the right to misuse religious institutions.
Shirur Mutt Case (1954)
This case established that secular laws can regulate religious practices in the interest of public welfare.
Sikhs Religious Society, Madras v. State of Tamil Nadu (1995)
The Court held that the state can regulate religious practices that are against public order, morality, or health.
Interaction with Other Articles and Rights
Article 25 is subject to Articles 14 (equality), 15 (non-discrimination), 17 (abolition of untouchability), 26 (right to manage religious affairs), 27 (no tax for promotion of religion), and others.
The right to propagate must not infringe on the rights of others or cause social disruption.
The State can regulate secular activities associated with religion, such as running of charitable trusts.
Summary
Article 25 ensures freedom of religion in India to all individuals.
This freedom includes the right to conscience, profess, practice, and propagate religion.
It is not absolute; subject to reasonable restrictions related to public order, morality, health, and other constitutional provisions.
Courts have consistently upheld the right while balancing it with societal interests and fundamental rights of others.
The Article aims to maintain religious harmony while protecting individual religious freedoms.
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