Articles 25 to 28 of the Indian Constitution

Introduction

The right to freedom of religion is a cornerstone of India’s secular democratic framework. As a diverse country with multiple religions, cultures, and beliefs, it was essential for the framers of the Indian Constitution to guarantee the freedom of conscience and the right to practice one’s religion without interference. To this end, Articles 25 to 28 in Part III of the Constitution protect religious freedoms, ensuring that all individuals can practice, profess, and propagate their religion according to their beliefs.

However, the Constitution also includes certain reasonable restrictions to ensure that religious practices do not disturb public order, morality, and health. It also seeks to balance religious freedoms with other fundamental rights like equality and non-discrimination.

These articles collectively provide a framework where religious freedom is safeguarded while promoting the larger values of social harmony, public order, and national unity.

In this article, we will delve into the provisions of Articles 25 to 28, explaining their significance, scope, and how they contribute to making India a nation that respects diversity and promotes religious freedom.

Detailed Description of Articles 25 to 28

Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion

Article 25 of the Indian Constitution is the bedrock of religious freedom in India. It guarantees that all individuals have the freedom of conscience and the right to freely profess, practice, and propagate their religion.

• Freedom of Conscience: This ensures that every individual has the right to follow their beliefs and opinions without any coercion or external pressure. It guarantees personal freedom in matters related to faith and spirituality.

• Freedom to Profess, Practice, and Propagate Religion: This provides the right to individuals to not only profess their religion but also practice its rituals, customs, and teachings, and propagate their beliefs by spreading religious ideas.

  However, this freedom is not absolute. Article 25 also includes restrictions:

  • Public Order: The right to practice and propagate religion cannot override the need for public order. Religious practices that disturb peace or incite violence are not protected under this right.

  • Morality: Religious practices cannot go against the broader principles of morality, which are determined by societal norms and values.

  • Health: The right to freedom of religion cannot justify practices that are harmful to health or public safety, such as certain ritualistic sacrifices or practices.

  Example: The Freedom of Religion Act prohibits religious conversion through force or fraud, which is seen as a violation of individual conscience.

Article 26: Freedom to Manage Religious Affairs

Article 26 guarantees the freedom of religious denominations to manage their own affairs in matters of religion. This provision ensures that religious groups and organizations have the right to:

• Establish and Maintain Places of Worship: Religious denominations or communities can establish and maintain their own places of worship such as temples, mosques, churches, or gurudwaras.

• Manage Religious Institutions: The article gives religious groups the autonomy to manage their religious institutions, such as managing funds, administering rituals, and appointing religious leaders.

• Promote Religious Education: Religious groups can also impart education related to their religion, ensuring that the practices and traditions of their faith are passed on to future generations.

However, this right is subject to the following restrictions:

• Regulation of Secular Aspects: The state can regulate the secular aspects of religious practices and religious institutions to ensure that they comply with social welfare and public interest, such as issues related to land use, taxation, and administration.

  Example: Religious institutions may own property, but they are subject to government regulations on how land is used and whether it can be converted into other types of real estate development.

Article 27: Freedom from Taxation for Promotion of Religion

Article 27 guarantees that no person shall be compelled to pay taxes for the promotion or maintenance of any particular religion. This ensures that the state cannot use taxpayers’ money to fund religious activities, thereby upholding the principle of secularism in the Indian state.

• No Religious Taxation: This article provides that the government cannot levy taxes specifically for promoting a particular religion or supporting religious institutions. This reflects the secular nature of the state, as it ensures that the state does not favor any one religion financially.

  Example: Even though religious organizations may receive donations from the public, the government cannot take tax money to support a particular faith, such as using public funds for the construction of temples or mosques.

Article 28: Freedom from Attending Religious Instruction or Worship in Certain Educational Institutions

Article 28 protects individuals from being forced to participate in religious instruction or worship in educational institutions that are funded by the state. It ensures that students attending such institutions are not coerced into participating in religious practices or teachings, preserving their freedom of conscience.

• Educational Institutions: This provision applies to all educational institutions that are fully or partially funded by the state. These institutions cannot compel students to take part in religious activities against their will.

  Exceptions: If the educational institution is specifically established for the promotion of a particular religion (for example, a Christian missionary school), then religious instruction may be imparted to students, but only to those who voluntarily choose to participate.

  Example: A student attending a government-funded school cannot be forced to say prayers or engage in religious activities if they are not part of the religion of that institution.

Importance of Articles 25 to 28 in Ensuring Religious Freedom

1. Guaranteeing Religious Freedom and Secularism

• Articles 25 to 28 uphold India’s commitment to secularism, ensuring that individuals are free to practice, profess, and propagate their religion without the state endorsing or discriminating against any religion.

• These provisions strike a balance between individual liberty and social welfare. While they protect individuals' rights to religious freedom, they also set boundaries to prevent practices that may harm public order or violate morality.

2. Promoting Social Harmony

• By granting the right to practice and propagate one's religion, the Constitution ensures that religious communities can coexist peacefully while respecting each other's beliefs. The provisions encourage religious pluralism, where different faiths can flourish alongside each other.

• The protection from religious coercion, coupled with the freedom to manage religious institutions, contributes to the peaceful coexistence of multiple religions and communities in India.

3. Safeguarding Religious Minorities

• The rights granted under these articles are crucial for religious minorities in India. They can freely manage their religious institutions, engage in religious activities, and preserve their traditions. Articles 25 to 28 empower them to live and practice their faith without fear of state interference or discrimination.

• These articles also ensure that state-run educational institutions do not force religious practices on students, preserving the principle of religious neutrality in education.

4. Limiting State Control Over Religion

• While the Constitution provides for religious freedom, it also places certain reasonable restrictions to maintain public order and morality. This ensures that religious freedom does not become a means for inciting violence or promoting harmful practices.

• The restriction of taxes for the promotion of religion (Article 27) is a direct reflection of the state's neutral stance, ensuring that public funds are not used for the promotion of religious activities.

Conclusion

Articles 25 to 28 of the Indian Constitution form the backbone of religious freedom in India, safeguarding individual rights while ensuring that such freedoms do not disrupt public order or social harmony. They reflect India’s commitment to secularism, ensuring that the state remains neutral with respect to religion and that no person is discriminated against based on their beliefs.

While the Constitution guarantees the freedom of conscience and the right to practice one’s religion, it also provides for reasonable restrictions to ensure that this freedom does not infringe upon the rights of others or disturb public order. The articles promote a pluralistic society, where people of all religions can live together in harmony, celebrate their differences, and contribute to the collective progress of the nation.

In a world where religious conflicts are common, India’s constitutional framework for protecting religious freedom sets an important example for the world, fostering an environment of tolerance, respect, and unity. These provisions not only protect religious minorities but also promote social justice, equality, and national integration.