What is Freedom of Religion?
Historical Background
Key Points
6 points- 1.
Article 25: Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion. This right is subject to public order, morality, health, and other fundamental rights. It also allows the state to regulate economic, financial, political, or other secular activities associated with religious practice.
- 2.
Article 26: Grants every religious denomination the right to establish and maintain institutions for religious and charitable purposes, manage its own affairs in matters of religion, own and acquire movable and immovable property, and administer such property in accordance with law.
- 3.
Article 27: States that 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 religious denomination.
- 4.
Article 28: Prohibits religious instruction in any educational institution wholly maintained out of state funds. Allows religious instruction in institutions administered by the state but established under any endowment or trust requiring such instruction. Permits attendance at religious instruction or worship in state-recognized or state-aided institutions only with consent.
- 5.
These rights are not absolute and can be restricted on grounds of public order, morality, and health, as well as for social reform.
- 6.
The Supreme Court has interpreted these articles in various landmark judgments, balancing individual religious freedom with societal interests, notably through the essential practices doctrine (what constitutes an integral part of a religion).
Visual Insights
Evolution of Freedom of Religion in India
This timeline shows the key events and legal developments related to freedom of religion in India.
The Indian Constitution guarantees freedom of religion, but this right is subject to reasonable restrictions. The debate over anti-conversion laws and the Uniform Civil Code reflects ongoing tensions between individual liberties and societal concerns.
- 1950Articles 25-28 of the Constitution guarantee freedom of religion.
- 1962Sardar Taheruddin Syedna vs. State of Bombay case shapes understanding of religious rights.
- 1976The word 'secular' is added to the Preamble of the Constitution by the 42nd Amendment Act.
- 1978Arunachal Pradesh passes anti-conversion law (never implemented until 2026)
- 1994S.R. Bommai case clarifies that secularism is a basic feature of the Constitution.
- 2017K.S. Puttaswamy v. Union of India establishes Right to Privacy as a fundamental right, impacting religious freedom.
- 2021Karnataka introduces anti-conversion legislation.
- 2024Supreme Court examines the validity of anti-conversion laws enacted by 12 states.
- 2025Gujarat amends its marriage registration law to make parental consent mandatory.
- 2026Maharashtra drafts an anti-conversion law.
Freedom of Religion - Key Aspects
This mind map illustrates the key aspects of freedom of religion under the Indian Constitution, including its scope, limitations, and related concepts.
Freedom of Religion (Article 25-28)
- ●Scope
- ●Limitations
- ●Related Concepts
- ●Legal Framework
Recent Developments
4 developmentsOngoing debates and legal challenges regarding anti-conversion laws in various states (e.g., Uttar Pradesh, Madhya Pradesh, Gujarat), which are often challenged on grounds of violating Article 25.
Judicial pronouncements on the scope of religious freedom versus state's power to regulate, particularly in cases involving temple entry, customs, and practices.
Increased scrutiny over incidents of religious intolerance and violence, prompting calls for stricter enforcement of law and order to protect religious minorities.
Discussions around the Uniform Civil Code (UCC) and its potential impact on religious personal laws and the scope of religious freedom.