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

Article 25 of the Indian Constitution is a cornerstone of the secular fabric of India, ensuring religious freedom to all persons. It is a fundamental right enshrined in Part III of the Constitution, guaranteeing not just freedom of belief but also the right to translate those beliefs into actions and spread them peacefully.

This article provides a comprehensive right that covers various aspects of religious life, from inner conscience to external expression and dissemination, while simultaneously laying down crucial limitations necessary for maintaining public order, morality, health, and other fundamental rights, as well as enabling the state to enact social reforms.

Original Text

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 welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II.—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.

Detailed Explanation

Article 25 guarantees freedom of religion to all persons in India, not just citizens. It encompasses four key aspects:

Freedom of Conscience: This refers to the inner freedom of an individual to mould his relation with God or creation in whatever way he desires. It is the freedom to hold any religious belief or no belief at all.
Right to Profess: This is the right to openly and freely declare one’s religious beliefs and faith.
Right to Practice: This involves the right to perform religious worship, rituals, ceremonies, and exhibition of one’s belief and ideas. This extends to customary religious practices.
Right to Propagate: This is the right to transmit or disseminate one’s religious beliefs to others or to expose the tenets of one’s religion. It includes the right to persuade others to convert to one’s religion, but it does not include the right to convert another person by force, undue influence, inducement, or allurement, as held by the Supreme Court.

These rights are not absolute and are subject to certain limitations:

Public Order, Morality, and Health: The state can restrict religious freedom if it poses a threat to public order, morality, or health.
Other Provisions of Part III: Religious freedom is also subject to other fundamental rights guaranteed in Part III, such as equality (Article 14), non-discrimination (Article 15), and dignity of the individual. For instance, discriminatory practices within a religion can be challenged if they violate fundamental rights.
State’s Power to Regulate Secular Activities: Clause (2)(a) allows the state to enact laws regulating or restricting economic, financial, political, or other secular activities associated with religious practices. This distinguishes the ‘religious’ part of a practice from its ‘secular’ or ’economic’ aspect, allowing the state to intervene in the latter.
State’s Power for Social Welfare and Reform: Clause (2)(b) explicitly grants the state the power to make laws for social welfare and reform, even if they touch upon religious practices. This provision has been crucial in enacting laws like those against untouchability or those allowing temple entry for all Hindus.
Opening of Hindu Religious Institutions: Clause (2)(b) specifically mentions the state’s power to open Hindu religious institutions of a public character to all classes and sections of Hindus, reinforcing social equality within Hinduism.

Explanation I: Clarifies that the wearing and carrying of kirpans is considered part of the profession of the Sikh religion and is protected under Article 25.

Explanation II: Broadens the definition of “Hindus” in Clause (2)(b) to include Sikhs, Jains, and Buddhists, and “Hindu religious institutions” accordingly. This means laws promoting social welfare and reform concerning religious institutions can apply to institutions of these religions as well, and they are included under the scope of opening public institutions to all sections.

The Supreme Court, in various judgments (notably the Shirur Mutt case, 1954), has developed the doctrine of ’essential religious practices’. Only those practices which are integral and essential to a religion are protected under Article 25 (and Article 26). What constitutes an essential religious practice is determined by the courts based on the tenets of the religion itself and historical context, not merely on the beliefs of a few followers.

Detailed Notes

Guarantees religious freedom to all persons (citizens and non-citizens).
Covers four rights: freedom of conscience, right to profess, practice, and propagate religion.
Freedom of Conscience: Inner freedom to relate to God/creation as one desires.
Right to Profess: Openly declare beliefs.
Right to Practice: Perform worship, rituals, customs; exhibit beliefs.
Right to Propagate: Disseminate beliefs, persuade others; does not include forced conversion (Supreme Court).
Rights are NOT absolute: Subject to limitations.
Limitations:
- Public Order, Morality, Health (POMH): State can restrict practices disrupting these.
- Other Fundamental Rights: Religious freedom cannot violate other rights (e.g., Article 14, 15). Example: Untouchability in the name of religion is prohibited.
- State Regulation of Secular Activities: Clause 2(a) allows state to regulate economic, financial, political, or other secular aspects associated with religious practice (e.g., management of temple funds, acquisition of religious property).
- State Law for Social Welfare & Reform: Clause 2(b) allows state to enact laws for social welfare and reform, even if they impact religious practices (e.g., abolition of Sati, opening temples).
- Opening Hindu Institutions: Clause 2(b) specifically allows laws opening public Hindu religious institutions to all classes/sections of Hindus.
Explanation I: Wearing/carrying of kirpans is included in the profession of Sikh religion.
Explanation II: Reference to “Hindus” in Clause 2(b) includes Sikhs, Jains, Buddhists.
Doctrine of Essential Religious Practices: Developed by courts (e.g., Shirur Mutt case). Only practices considered essential/integral to a religion are protected.
Courts distinguish between religious beliefs/dogmas (largely protected) and religious practices (subject to limitations, especially secular/social aspects).
This article is related to Article 26 (freedom to manage religious affairs), but Article 25 applies to individuals, while Article 26 applies to religious denominations.

Additional Comments

Article 25 is a protection against state interference and also prevents individuals from infringing on the religious freedom of others.
The ’essential practices’ test applied by courts has been a subject of debate, with questions raised about judicial interpretation of religious tenets.
The right to propagate does not create a right against the State to undertake propagation, only an individual right to do so.
Cases like the National Anthem case (Bijoe Emmanuel vs State of Kerala) highlighted the protection of expressing belief through inaction (refusing to sing the anthem based on religious belief).
The Anand Margi case (Jagannathananda vs Commissioner of Police, Calcutta) held that performing Tandava dance in public processions is not an essential religious practice and can be restricted on grounds of public order.

Summary

Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion to all persons. This right is fundamental but not absolute, being subject to public order, morality, health, and other fundamental rights. The state retains the power to regulate secular activities associated with religious practices and to enact laws for social welfare and reform, including opening Hindu religious institutions of a public character to all sections of Hindus (including Sikhs, Jains, and Buddhists). The wearing of kirpans is explicitly protected for Sikhs. Only practices considered essential to a religion by the courts are fully protected under this article.