Freedom of Religion

Notes

Art. 25 to 28 guarantee freedom of religion and secular character of the State. Secularism is part of the basic structure (S.R. Bommai v Union of India, 1994). Indian secularism means equal respect to all religions, not strict separation.

Art. 25: Freedom of conscience and free profession, practice and propagation of religion (all persons)

Subject to public order, morality, health and other provisions of Part III.
State may regulate economic, financial, political or secular activities associated with religious practice, and provide for social reform and throwing open Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation I: wearing and carrying of the kirpan is part of the Sikh religion. Explanation II: "Hindus" includes Sikhs, Jains and Buddhists.

Art. 26: Freedom to manage religious affairs (religious denominations)

Right to establish and maintain institutions for religious and charitable purposes; manage its own affairs in matters of religion; own and acquire property; administer property in accordance with law.

Art. 27: No person shall be compelled to pay taxes for the promotion or maintenance of any particular religion. (Fees for services are allowed.)

Art. 28: Freedom from religious instruction

No religious instruction in institutions wholly maintained by State funds.
Permitted (voluntary) in State-recognised or State-aided institutions.
Permitted in institutions administered by the State but established under an endowment or trust.

Important judgments

Commissioner of Hindu Religious Endowments v Shirur Mutt (1954): laid down the essential religious practices doctrine; the courts decide what is essential to a religion.
Ismail Faruqui (1994): a mosque is not an essential part of Islam; the State may acquire places of worship.
Stanislaus v State of MP (1977): the right to propagate does not include the right to convert.
Bijoe Emmanuel (1986): students cannot be forced to sing the national anthem against religious belief.
Shayara Bano (2017): triple talaq is not an essential practice and is unconstitutional.
Indian Young Lawyers Association (Sabarimala), 2018: women of all ages allowed to enter the temple (4:1); review referred to a nine-judge bench (2020).
Aishat Shifa v State of Karnataka (2022): Karnataka High Court upheld the hijab ban in classrooms; the Supreme Court delivered a split verdict (October 2022) and the matter was referred to a larger bench.

Art. 25 vs Art. 26: Art. 25 protects individuals; Art. 26 protects religious denominations. Both are subject to public order, morality and health; Art. 25 is also subject to other FRs.

Key Points

Art. 25 (all persons), Art. 26 (denominations), Art. 27 (no religion-specific taxes), Art. 28 (religious instruction).
Essential religious practices test: Shirur Mutt (1954).
Propagation does not include conversion (Stanislaus, 1977).
Hindus include Sikhs, Jains and Buddhists for Art. 25.
State can regulate secular activities and carry out social reform.

MCQs

Q1. The "essential religious practices" doctrine originated in:
(a) Shirur Mutt case
(b) Kesavananda Bharati
(c) Bommai
(d) Minerva Mills
Ans: (a). 1954.

Q2. Which Article gives a religious denomination the right to manage its own affairs in matters of religion?
(a) Art. 25
(b) Art. 26
(c) Art. 27
(d) Art. 28
Ans: (b).

Q3. Religious instruction is prohibited in:
(a) State-aided schools
(b) Institutions wholly maintained out of State funds
(c) Private schools
(d) Endowment-based institutions administered by the State
Ans: (b). Art. 28(1).