The Right to Freedom of Religion is a fundamental right protected by the Constitution of India. This right is enshrined in Articles 25 to 28, under the heading “Right to Freedom of Religion.” These articles guarantee individuals the freedom to profess, practice, and propagate any religion of their choice.
Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion
Clause 1:
Freedom of Conscience and Free Profession, Practice, and Propagation of Religion:
- Article 25(1) guarantees to all citizens the right to freely profess, practice, and propagate their religion. This includes the freedom to follow any religious faith, worship, or observance and to openly express and spread one’s beliefs.
Explanation:
- “Profess” refers to the declaration or avowal of one’s religious faith.
- “Practice” includes rituals, customs, and religious ceremonies.
- “Propagation” involves sharing and promoting one’s religion, but subject to reasonable restrictions in the interest of public order, morality, and health.
Clause 2:
Regulating or Restricting Secular Activities:
- Article 25(2) allows the State to regulate or restrict any economic, financial, political, or other secular activity associated with religious practices, provided that such regulation is in the interest of public order, morality, and health.
Explanation:
- While individuals have the freedom to practice and propagate their religion, the State can intervene if these activities are associated with non-religious or secular aspects that may pose a threat to public order, morality, or health.
Article 26: Freedom to Manage Religious Affairs
Clause 1:
Freedom to Manage Religious Affairs:
- Article 26 grants religious denominations or any section thereof the right to manage their religious affairs, including establishing and maintaining institutions for religious and charitable purposes.
Explanation:
- This provision recognizes the autonomy of religious denominations in managing their internal religious affairs, such as establishing educational and charitable institutions and managing religious properties.
Clause 2:
Freedom from State Interference:
- Article 26(2) ensures that the State shall not interfere in religious affairs except for maintaining public order, morality, and health.
Explanation:
- While religious denominations have the freedom to manage their affairs, the State can intervene if there are concerns related to public order, morality, or health.
Article 27: Freedom from Taxation for Promotion of a Particular Religion
Freedom from Taxation:
- Article 27 states that no person shall be compelled to pay taxes for the promotion or maintenance of any particular religion or religious denomination.
Explanation:
- This provision prevents the State from using public funds for the promotion or maintenance of any particular religion, ensuring financial neutrality in religious matters.
Article 28: Freedom from Religious Instruction in Certain Educational Institutions
Clause 1:
Freedom from Religious Instruction in State-Funded Educational Institutions:
- Article 28(1) prohibits the imposition of religious instruction in educational institutions funded by the State.
Explanation:
- This ensures that State-funded educational institutions do not impart religious instruction to students, maintaining the secular character of public education.
Clause 2:
Freedom for Minority Educational Institutions:
- Article 28(2) provides an exception, allowing minority educational institutions to impart religious instruction to students of that community.
Explanation:
- Minority educational institutions, based on religion or language, have the freedom to impart religious instruction to students from their community.
Significance:
- Individual Freedom:
- Articles 25 to 28 collectively emphasize the importance of individual freedom in matters of religion, allowing citizens to follow, practice, and propagate their religion without undue interference.
- Religious Pluralism:
- The provisions promote religious pluralism by recognizing and respecting the diversity of religions and religious denominations in India.
- Autonomy of Religious Institutions:
- Articles 26 and 28 uphold the autonomy of religious denominations and minority educational institutions in managing their internal affairs and educational practices.
- Secularism:
- The constitutional provisions on freedom of religion reflect the secular character of the Indian state, ensuring that religion is a matter of personal choice and not imposed by the State.
- Equality and Non-Discrimination:
- The right to freedom of religion contributes to the principles of equality and non-discrimination by allowing individuals to practice their religion without fear of persecution or bias.
In summary, the Right to Freedom of Religion in the Indian Constitution is a crucial aspect of individual rights and the country’s commitment to secularism. It acknowledges the diversity of religious practices and ensures that individuals have the freedom to follow their beliefs while also safeguarding the secular character of the state and educational institutions.
