What is Article 25?
Historical Background
Key Points
9 points- 1.
Guarantees freedom of conscience and the right to profess, practice, and propagate religion.
- 2.
Subject to public order, morality, health, and other fundamental rights.
- 3.
Allows the state to regulate or restrict any economic, financial, political, or other secular activity associated with religious practice.
- 4.
Provides for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
- 5.
Includes the wearing and carrying of Kirpans as part of the Sikh religion.
- 6.
Explanation II clarifies that the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina, or Buddhist religion.
- 7.
The state can make laws regulating secular activities associated with religious practices.
- 8.
Balances individual religious freedom with the state's responsibility to maintain public order and social welfare.
- 9.
No person is above the law, even in matters of religion.
Visual Insights
Article 25 vs Article 26
A comparison of Article 25 (individual religious freedom) and Article 26 (rights of religious denominations).
| Feature | Article 25 | Article 26 |
|---|---|---|
| Scope | Individual religious freedom | Rights of religious denominations |
| Focus | Right to profess, practice, and propagate religion | Right to manage religious affairs |
| Beneficiary | All persons in India | Religious denominations or sections thereof |
| Restrictions | Public order, morality, health, other fundamental rights | Public order, morality, health |
| Examples | Wearing a turban, visiting temples | Managing religious institutions, owning property |
Recent Developments
4 developmentsOngoing debates and legal challenges related to religious practices and their compatibility with public order and social justice.
Judicial interpretations of the essential religious practices doctrine.
State regulations on religious conversions and their constitutional validity.
Discussions on the balance between religious freedom and other fundamental rights, such as equality and non-discrimination.