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    On Art. 25 To 28

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    Aadhitya
    Articles 25 to 28 of the Indian Constitution guarantee the fundamental right to freedom of religion. They protect the rights of individuals and religious groups to freely profess, practice and propagate religion. Key aspects include freedom of conscience, managing religious affairs, prohibiting taxes for specific religions, and limiting religious instruction in educational institutions receiving state funds. The rights are subject to public order, morality and health. Secularism is a basic feature of the Constitution as affirmed by judicial decisions.

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    On Art. 25 To 28

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    Aadhitya
    460 views28 pages
    Articles 25 to 28 of the Indian Constitution guarantee the fundamental right to freedom of religion. They protect the rights of individuals and religious groups to freely profess, practice and propagate religion. Key aspects include freedom of conscience, managing religious affairs, prohibiting taxes for specific religions, and limiting religious instruction in educational institutions receiving state funds. The rights are subject to public order, morality and health. Secularism is a basic feature of the Constitution as affirmed by judicial decisions.

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    Articles 25 to 28 of the Indian Constitution guarantee the fundamental right to freedom of religion. They protect the rights of individuals and religious groups to freely profess, practice and propagate religion. Key aspects include freedom of conscience, managing religious affairs, prohibiting taxes for specific religions, and limiting religious instruction in educational institutions receiving state funds. The rights are subject to public order, morality and health. Secularism is a basic feature of the Constitution as affirmed by judicial decisions.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    460 views28 pages

    On Art. 25 To 28

    Uploaded by

    Aadhitya
    Articles 25 to 28 of the Indian Constitution guarantee the fundamental right to freedom of religion. They protect the rights of individuals and religious groups to freely profess, practice and propagate religion. Key aspects include freedom of conscience, managing religious affairs, prohibiting taxes for specific religions, and limiting religious instruction in educational institutions receiving state funds. The rights are subject to public order, morality and health. Secularism is a basic feature of the Constitution as affirmed by judicial decisions.

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    You are on page 1of 28

    Right to Freedom of Religion:

    Articles 25 to 28
    Right to Freedom of Religion:
    Articles 25 to 28
    • Secularism
    - In 1948, KT Shah demanded to include the
    word ‘Secular’ in the Preamble to the
    Constitution. 
    - In 1976 the Indira Gandhi government
    enacted the 42nd Amendment Act and the
    word ‘Secular’ was added to the Preamble. 
    Right to Freedom of Religion:
    Articles 25 to 28
    • S. R. Bommai v. Union of India, AIR 1994 SC
    1918
    - Secularism is a basic feature of the Indian
    Constitution.
    • Santosh Kumar v. Secy. Ministry of Human
    Resources Development, AIR 1995 SC 293
    - “ State tolerance of religion does not make it
    either a religious or a theocratic state.”
    Right to Freedom of Religion:
    Articles 25 to 28
    • Article 25: Freedom of conscience and free
    profession, practice and propagation of religion.
    • Article 26: Freedom to manage religious affairs.
    • Article 27: Freedom as to payment of taxes for
    promotion of any particular religion. 
    • Article 28: Freedom as to attendance at religious
    instruction or religious worship in certain
    educational institutions.
    Right to Freedom of Religion:
    Articles 25 to 28
    • Art. 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, practise 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.
    Right to Freedom of Religion:
    Articles 25 to 28
    - 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
    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
    Right to Freedom of Religion:
    Articles 25 to 28
    • Aruna Roy v. Union of India, AIR 2002 SC 3176
    - Held, that study of religion in school education is
    not against the secular philosophy of the
    Constitution.
    • What is religion?
    • U/ Art. 25(1): A person has a two-fold freedom-
    a) Freedom of Conscience
    b) Freedom to profess, practise and propogate
    religion
    Right to Freedom of Religion:
    Articles 25 to 28
    • Profess: To declare freely and openly one’s
    faith and belief.
    • Practise: To perform the prescribed religious
    duties, rites and rituals and to exhibit religious
    beliefs and ideas by such acts as prescribed by
    the religious order.
    • Propogate: To spread and publicize one’s
    religious views.
    Right to Freedom of Religion:
    Articles 25 to 28
    • Church of God (Full Gospel) in India v.
    K.K.R.M.C. Welfare Association, AIR 2000 SC
    2773
    - Held that in the exercise of the right to
    religious freedom under Arts. 25 and 26, no
    person can be allowed to create noise
    pollution or disturb the peace of others.
    Right to Freedom of Religion:
    Articles 25 to 28
    • Religious Liberty is subjected to Public Order,
    morality and health.
    • Rev Stanislaus v. State of M.P. , AIR 1977 SC
    908
    - The validity of Madhya Pradesh Swatantrya
    Adhiniyam, 1968 and the Orissa Freedom of
    Religion Act, 1967 was challenged.
    - Against forcible conversions.
    Right to Freedom of Religion:
    Articles 25 to 28
    • Acharya Jagdishwaranand Avadhuta v.
    Commissioner of Police, Calcutta, (1984) 4 SCC
    522
    - Held, tandav dance in procession or at public
    places by Anand Margis carrying lethal
    weapons and human skulls was not an
    essential religious rite of the followers.
    Right to Freedom of Religion:
    Articles 25 to 28
    • Javed v. Haryana, AIR 2003 SC 3057
    - S. 175 (11) (q) of the Haryana Panchayati Raj
    Act, 1994 was challenged.
    - Disqualifies the persons having more than 2
    children to contest the election.
    - Held, the provision is constitutional.
    Right to Freedom of Religion:
    Articles 25 to 28
    • State of Bombay v. Varasu Bapamali, AIR 1953
    Bom 84
    - Held, polygamy is not an essential part of the
    Hindu religion and hence it can be regulated
    by the law.
    Right to Freedom of Religion:
    Articles 25 to 28
    • Article 26
    Freedom to manage religious affairs: Subject to public order,
    morality and health, every religious denomination or any
    section thereof shall have the right

    (a) to establish and maintain institutions for religious and


    charitable purposes;
    (b) to manage its own affairs in matters of religion;
    (c) to own and acquire movable and immovable property; and
    (d) to administer such property in accordance with law
    Right to Freedom of Religion:
    Articles 25 to 28
    • Religious Denomination
    a) Must be a collection of individuals who have
    a system of beliefs.
    b) Must have a common organisation.
    c) Must be designated by a distinctive name.
    Right to Freedom of Religion:
    Articles 25 to 28
    • Right to establish and maintain institutions for
    religious and charitable purpose
    • Azeez Bashu v. Union of India, AIR 1968 SC
    662
    - Held that Aligarh University was not
    established by the Muslim minority and
    therefore it could not claim the right to
    maintain.
    Right to Freedom of Religion:
    Articles 25 to 28
    • Right to manage matters of religion
    - Right is subjected to the regulatory power of
    the State under Art. 25 (2)
    - Matters of religion includes religious practices,
    rites and ceremonies which are essential for
    the practice of a religion.
    Right to Freedom of Religion:
    Articles 25 to 28
    • Right to administer property owned by denomination
    - Right to acquire and administer the property.
    • Article 27
    Freedom as to payment of taxes for promotion of any
    particular religion: No person shall be compelled to
    pay any taxes, the proceeds of which are specifically
    appropriated in payment of expenses for the
    promotion or maintenance of any particular religion
    or religions denomination.
    Right to Freedom of Religion:
    Articles 25 to 28
    • Article 28
    Freedom as to attendance at religious instruction or
    religious worship in certain educational institutions
    (1) No religion instruction shall be provided in any
    educational institution wholly maintained out of State
    funds
    (2) Nothing in clause ( 1 ) shall apply to an educational
    institution which is administered by the State but has
    been established under any endowment or trust which
    requires that religious instruction shall be imparted in
    such institution.
    Right to Freedom of Religion:
    Articles 25 to 28
    3) No person attending any educational institution
    recognised by the State or receiving aid out of
    State funds shall be required to take part in any
    religious instruction that may be imparted in such
    institution or to attend any religious worship that
    may be conducted in such institution or in any
    premises attached thereto unless such person or, if
    such person is a minor, his guardian has given his
    consent thereto Cultural and Educational Rights.
    Right to Freedom of Religion:
    Articles 25 to 28
    • 4 types of institutions:
    a) Maintained by the State
    b) Recognised by the State
    c) Receiving aid out of the State fund
    d) Administered by the State but are established
    under any trust or endownment.
    Right to Freedom of Religion:
    Articles 25 to 28
    • DAV College, Jullundhar v. State of Punjab, AIR
    1971 SC 1732
    - Section 4 of Guru Nanak University Act
    • Aruna Roy v. Union of India, AIR 2002 SC 3176
    - National Curriculum Framework for School
    Education, 2000
    Right to Freedom of Religion:
    Articles 25 to 28
    Right to Freedom of Religion:
    Articles 25 to 28
    Right to Freedom of Religion:
    Articles 25 to 28
    Right to Freedom of Religion:
    Articles 25 to 28
    Right to Freedom of Religion:
    Articles 25 to 28
    Right to Freedom of Religion:
    Articles 25 to 28

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