Right to Freedom of Religion [Part III: Articles 25–28]

1. Introduction #

The Indian Constitution guarantees the freedom of religion as a fundamental right under Articles 25–28, ensuring that India remains a secular and pluralistic democracy.
These provisions balance individual liberty of belief and conscience with the State’s power to regulate public order, morality, and health.

“The Constitution does not recognize any religion as State religion. It treats all religions with equal respect.” — S. R. Bommai v. Union of India (1994)

2. Concept of Secularism #

2.1. Meaning #

• Secularism in India means equal respect for all religions (Sarva Dharma Sambhava).

• The State has no religion of its own, but it is not anti-religious — it maintains principled distance from all religions.

• It ensures both freedom of religion and freedom from religion.

2.2. Constitutional Character #

• Preamble: “Secular” added by the 42nd Amendment, 1976.

• Article 25–28: Guarantee religious liberty.

• Articles 14 & 15: Ensure equality and non-discrimination on grounds of religion.

📘 Judicial Recognition:
S. R. Bommai v. Union of India (AIR 1994 SC 1918) — Secularism is a Basic Feature of the Constitution.

3. Article 25 — Freedom of Conscience and Free Profession, Practice and Propagation of Religion #

3.1. Nature and Scope #

• Article 25(1): Guarantees to every person (citizen or non-citizen) the freedom of conscience and the right to profess, practice, and propagate religion.

• Subject to: Public order, morality, health, and other fundamental rights.

📘 Rev. Stainislaus v. State of Madhya Pradesh (1977 AIR SC 908) —
Right to “propagate” religion does not include the right to convert another person.

3.2. Restrictions #

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3.3. Regulation of Secular Activities #

• Article 25(2)(a): State may regulate or restrict any secular activity associated with religion.

• Article 25(2)(b): State may make laws for social welfare and reform, even if they interfere with religious practices (e.g., abolition of untouchability, temple entry laws).

📘 Sri Venkataramana Devaru v. State of Mysore (AIR 1958 SC 255) —
Temple entry of non-Brahmins allowed as a measure of social reform, even if opposed by denominational priests.

4. Article 26 — Freedom of Religious Denominations #

4.1. Text and Scope #

Grants every religious denomination or section thereof the right to:

4.2. Conditions #

• Subject to public order, morality, and health.

• Denomination must have:
  1️⃣ Common faith,
  2️⃣ Common organization, and
  3️⃣ Distinctive name (S. P. Mittal v. Union of India, 1983).

4.3. Judicial Interpretation #

📘 Case (FIRAC): The Commissioner, Hindu Religious Endowments, Madras v. Shri Lakshmindra Thirtha Swamiar of Shirur Mutt (AIR 1954 SC 282)

Facts:
State law empowered government to control management of Hindu religious institutions.
Issue: Whether this violated Article 26.
Rule: State can regulate secular aspects but not essential religious practices.
Application: Administration of temple property may be regulated, but rituals and faith cannot.
Conclusion: Law partly struck down; “Essential Religious Practices” doctrine evolved.

Held: What constitutes an “essential religious practice” must be determined by the doctrines of that religion itself, not the State.

5. Article 27 — Freedom from Taxation for Promotion of a Religion #

• No person shall be compelled to pay any tax the proceeds of which are specifically appropriated to promote or maintain any particular religion.

• Prevents State sponsorship of religion through taxation.

📘 Prafull Goradia v. Union of India (2011 AIR SC 1946) —
Haj subsidy did not violate Article 27 as it was not a tax specifically levied for religious promotion, but a welfare measure.

6. Article 28 — Freedom as to Attendance at Religious Instruction #

📘 Aruna Roy v. Union of India (2002) — Teaching comparative religion or moral values not unconstitutional, provided it is non-proselytizing.

7. Essential Religious Practices (ERP) Test #

7.1. Origin #

Evolved from Shirur Mutt case (1954).

7.2. Principle #

Only those practices that are fundamental to the religion’s core belief are protected under Articles 25–26.
Others — mainly secular, superstitious, or non-essential rituals — can be regulated by the State.

7.3. Later Application #

8. Balance between Religious Freedom and State Authority #

9. State Responsibility in Matters of Religion #

• The State must ensure public order, morality, and health.

• It may regulate secular aspects like property, finance, and administration.

• It must prevent discrimination and exploitation under the guise of religion.

• It must act in accordance with constitutional morality — equality, dignity, and reform.

Indian Young Lawyers Assn. (Sabarimala Case, 2018): State must uphold individual rights over collective orthodoxy when they conflict.

10. Comparative Table — Articles 25–28 #

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11. Conclusion #

The Right to Freedom of Religion (Articles 25–28) reflects India’s composite culture and constitutional secularism.
Judicial interpretation has maintained the delicate balance between individual faith and State authority, protecting religion from political control while preventing religion from controlling the State.

“Our Constitution is neither irreligious nor religious — it is secular in the truest sense: guaranteeing freedom of belief, yet bound by reason and reform.” — Justice D. Y. Chandrachud, Sabarimala Case (2018)