2 minConstitutional Provision
Constitutional Provision

Religious Freedom

What is Religious Freedom?

The right of individuals to profess, practice, and propagate their religion, and the right of religious denominations to manage their own affairs, subject to public order, morality, health, and other fundamental rights.

Historical Background

Religious freedom is a cornerstone of India's secular democratic framework, enshrined in the Preamble and Part III of the Constitution. Debates in the Constituent Assembly focused on balancing individual religious liberty with the state's power to enact social reforms and maintain public order, leading to the inclusion of reasonable restrictions.

Key Points

10 points
  • 1.

    Article 25: Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion.

  • 2.

    Article 25 is subject to public order, morality, health, and other provisions of Part III (Fundamental Rights).

  • 3.

    The State can make laws regulating or restricting any economic, financial, political, or other secular activity associated with religious practice.

  • 4.

    The State can also provide for social welfare and reform or throw open Hindu religious institutions of a public character to all classes and sections of Hindus.

  • 5.

    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.

  • 6.

    Article 26 is also subject to public order, morality, and health.

  • 7.

    Article 27: Ensures freedom as to payment of taxes for promotion of any particular religion, prohibiting the state from compelling citizens to pay taxes for the promotion or maintenance of any specific religion.

  • 8.

    Article 28: Provides freedom as to attendance at religious instruction or religious worship in certain educational institutions.

  • 9.

    The 'Essential Religious Practices' doctrine, evolved by the Supreme Court, helps determine what constitutes an integral part of a religion, which is protected under Article 25 and 26.

  • 10.

    Limitations on religious freedom are crucial for maintaining social harmony and allowing the state to intervene for social reform (e.g., banning Sati, criminalizing triple talaq).

Recent Developments

4 developments
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Ongoing debates and judicial challenges related to the 'Essential Religious Practices' doctrine (e.g., Sabarimala case, Hijab ban case).

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Legislative measures concerning religious conversions and their impact on religious freedom.

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The Uniform Civil Code debate frequently involves concerns raised by critics about its potential impact on the religious freedom and autonomy of various communities.

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State intervention in the management of religious institutions and trusts continues to be a point of contention.

This Concept in News

2 topics

Uttarakhand Implements Uniform Civil Code, Strengthens Land Laws

27 Feb 2026

The news about Uttarakhand's UCC highlights the ongoing tension between the constitutional guarantee of religious freedom and the state's pursuit of social reform and national unity. The UCC challenges the existing system of personal laws, which are based on religious customs and traditions. While proponents argue that the UCC will promote gender equality and simplify legal procedures, critics fear that it will undermine the religious identity and autonomy of minority communities. This news event applies the concept of religious freedom in practice by forcing a re-evaluation of the balance between individual religious rights and the state's power to regulate personal matters. It reveals that the interpretation and implementation of religious freedom are constantly evolving and subject to political and social pressures. The implications of this news for the future of religious freedom are significant, as it could set a precedent for other states to adopt similar measures. Understanding this concept is crucial for properly analyzing and answering questions about this news because it provides the necessary framework to assess the potential impact of the UCC on the rights and freedoms of all citizens.

Persecution of Baha'is in Iran: A Recurring Human Rights Issue

12 Feb 2026

The news about the persecution of Baha'is in Iran highlights the fragility of religious freedom, even when it is nominally guaranteed by international law. (1) This news demonstrates the aspect of religious freedom that involves protection from discrimination and persecution. (2) The Iranian government's actions challenge the concept of religious freedom by actively suppressing a religious minority. (3) This news reveals that even in the 21st century, religious persecution remains a significant problem. (4) The implications of this news for the future of religious freedom are that constant vigilance and advocacy are needed to protect vulnerable religious groups. (5) Understanding religious freedom is crucial for analyzing this news because it allows us to recognize the human rights violations and advocate for the protection of the Baha'i community.

Source Topic

Uttarakhand Implements Uniform Civil Code, Strengthens Land Laws

Polity & Governance

UPSC Relevance

Highly important for UPSC GS Paper 2 (Polity, Social Justice). Essential for understanding the concept of secularism in India, the balance between individual liberties and state regulation, minority rights, and the constitutional framework governing religious practices.

This Concept in News

2 news topics

2

Uttarakhand Implements Uniform Civil Code, Strengthens Land Laws

27 February 2026

The news about Uttarakhand's UCC highlights the ongoing tension between the constitutional guarantee of religious freedom and the state's pursuit of social reform and national unity. The UCC challenges the existing system of personal laws, which are based on religious customs and traditions. While proponents argue that the UCC will promote gender equality and simplify legal procedures, critics fear that it will undermine the religious identity and autonomy of minority communities. This news event applies the concept of religious freedom in practice by forcing a re-evaluation of the balance between individual religious rights and the state's power to regulate personal matters. It reveals that the interpretation and implementation of religious freedom are constantly evolving and subject to political and social pressures. The implications of this news for the future of religious freedom are significant, as it could set a precedent for other states to adopt similar measures. Understanding this concept is crucial for properly analyzing and answering questions about this news because it provides the necessary framework to assess the potential impact of the UCC on the rights and freedoms of all citizens.

Persecution of Baha'is in Iran: A Recurring Human Rights Issue

12 February 2026

The news about the persecution of Baha'is in Iran highlights the fragility of religious freedom, even when it is nominally guaranteed by international law. (1) This news demonstrates the aspect of religious freedom that involves protection from discrimination and persecution. (2) The Iranian government's actions challenge the concept of religious freedom by actively suppressing a religious minority. (3) This news reveals that even in the 21st century, religious persecution remains a significant problem. (4) The implications of this news for the future of religious freedom are that constant vigilance and advocacy are needed to protect vulnerable religious groups. (5) Understanding religious freedom is crucial for analyzing this news because it allows us to recognize the human rights violations and advocate for the protection of the Baha'i community.