Articles 25 to 28

The most common trap is stating that the right to wear *kirpans* is an absolute right. While Article 25 includes the wearing and carrying of *kirpans* as part of the Sikh religion, this right is still subject to public order, morality, and health. An MCQ might present an option suggesting Sikhs can carry *kirpans* regardless of circumstances, which is incorrect.

Article 25(2) allows the state to make laws regulating or restricting any economic, financial, political, or other secular activity associated with religious practice. It also allows the state to legislate for social welfare and reform, even if it affects religious practices. A real-world example is the prohibition of untouchability, even though it was linked to Hindu religious beliefs. The state can also regulate the management of religious endowments and institutions to prevent mismanagement of funds.

Article 25 guarantees individual freedom of religion, allowing every person to practice, profess, and propagate their religion. Article 26, on the other hand, grants rights to religious denominations or sections thereof to manage their own religious affairs. Article 25 is about individual rights, while Article 26 is about the collective rights of religious groups.

Article 27 prohibits the state from compelling any person to pay taxes specifically for the promotion or maintenance of any particular religion. For example, the government cannot impose a tax where the revenue is earmarked exclusively for the upkeep of Hindu temples. However, this doesn't prevent the government from taxing religious institutions for secular purposes, such as property tax or service tax. The key is that the tax revenue cannot be directly used to promote a specific religion.

Article 28(1) prohibits religious instruction in any educational institution *wholly* maintained out of state funds. This means that if an institution is entirely funded by the government, it cannot impart religious instruction. However, this prohibition does not apply to institutions administered by the state but established under any endowment or trust requiring religious instruction. So, a school funded entirely by the government cannot have mandatory religious classes, but a school run by a trust with government aid can have religious instruction as per the trust's requirements.

Article 28(3) addresses the scenario where an educational institution is recognized by the state or receives aid from state funds, but the institution has religious activities. It ensures that no student attending such an institution is required to take part in any religious instruction or attend any religious worship without their consent, or if they are a minor, without the consent of their guardian. For example, a Christian student attending a school run by a Hindu trust cannot be forced to attend Hindu prayers.

The Places of Worship Act, 1991, prohibits the conversion of any place of worship and seeks to maintain the religious character of such places as they existed on August 15, 1947. This Act can be seen as reinforcing the rights guaranteed under Articles 25 and 26 by preserving the existing religious character of places of worship. However, a potential conflict arises because some argue that the Act infringes on the right to seek judicial redress for historical injustices, potentially limiting the scope of religious freedom guaranteed by these articles.

Critics argue that Articles 25 to 28 are often interpreted in a way that prioritizes religious freedom over other fundamental rights, such as gender equality and social justice. They point to cases where religious practices have been upheld even when they appear discriminatory or harmful. A response could be that the Constitution also provides for limitations on religious freedom in the interest of public order, morality, and health, and that the judiciary has a role in striking a balance between these competing rights. Furthermore, Article 25(2) allows the state to legislate for social reform, even if it affects religious practices.

One approach could be to clarify the 'essential religious practices' test, which is often used to determine whether a religious practice is protected under Article 25. A more clearly defined test could provide greater certainty and predictability in the application of these articles. Another approach could be to strengthen the enforcement of laws aimed at social reform, even when they conflict with religious practices. Finally, promoting inter-religious dialogue and understanding could help to foster a more tolerant and inclusive society where religious freedom is respected alongside other fundamental rights.

Article 25 guarantees the freedom to *profess* and *propagate* religion, while Article 19 guarantees freedom of speech and expression, encompassing a broader range of expression beyond religious propagation, but subject to reasonable restrictions.

Articles 25 to 28 exist to explicitly guarantee religious freedom as a fundamental right, recognizing India's diverse religious landscape. While other mechanisms might address discrimination or equality in general, these articles specifically protect the right to practice, profess, and propagate religion, subject to reasonable restrictions. They ensure that the state remains neutral and does not favor any particular religion, providing a constitutional safeguard against religious persecution or discrimination.

Favorably, India's Articles 25 to 28 explicitly enshrine religious freedom as a fundamental right within its Constitution, providing a strong legal basis for its protection. Unfavorably, the broad exceptions related to 'public order, morality, and health' and the 'essential religious practices' test have led to extensive judicial interpretation and, at times, inconsistent application, potentially creating more uncertainty than in some other democracies with clearer separations of church and state.