Constitutional Law

Freedom of Religion under Articles 25 to 28

Understand freedom of conscience, religious practice, denomination rights, secular regulation, religious taxation and instruction.

By Advocate Aditya Sharma9 min read

Quick answer

The Constitution protects belief and religious practice while allowing neutral regulation for public order, social reform and secular administration.

Conscience, practice and denominations

Articles 25 and 26 protect connected but distinct holders and activities.

Article 25

Every person has freedom of conscience and the right freely to profess, practise and propagate religion, subject to public order, morality, health and the other provisions of Part III.

Reform and secular activity

The State may regulate economic, financial, political or other secular activity associated with religion and enact social-welfare and reform measures.

Article 26

Every religious denomination or section may establish institutions, manage religious affairs, own property and administer it according to law, subject to public order, morality and health.

Essential practice inquiry

Courts have examined whether a claimed practice is religiously essential, but the inquiry remains contested and does not displace express constitutional limits, dignity, equality or other rights.

Taxation, instruction and constitutional neutrality

Articles 27 and 28 regulate how public institutions and funds interact with religion.

Article 27

No person can be compelled to pay a tax specifically appropriated for promotion or maintenance of a particular religion or denomination. A regulatory fee or general public expenditure requires closer characterisation.

Article 28

Wholly State-funded educational institutions cannot provide religious instruction, subject to the constitutional exception for certain endowed institutions administered by the State.

Consent in aided institutions

A person attending a recognised or aided institution cannot be required to take part in religious instruction or worship without the required consent.

Landmark cases

Learn the facts, the rule and why the case matters. The citation alone will not strengthen an answer.

Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar

AIR 1954 SC 282

Facts: A religious denomination challenged legislation regulating the administration and finances of Hindu religious institutions.

Legal question: Which matters are protected religious affairs and which may receive secular regulation?

Held: Religion includes matters of faith and practice, while the State may regulate secular administration associated with religious institutions.

Reasoning: Faith and religious practice receive protection, while economic, financial and administrative matters associated with religion may be regulated by law.

Use in an answer: Use it for the religious-secular distinction and denominational autonomy.

Bijoe Emmanuel v. State of Kerala

(1986) 3 SCC 615

Facts: Schoolchildren belonging to Jehovah's Witnesses respectfully stood for the National Anthem but declined to sing because of sincere religious belief.

Legal question: Could the students be expelled when no law required them to sing and they caused no disruption?

Held: Students who respectfully stood but declined to sing the National Anthem because of sincere religious belief were protected by conscience and expression.

Reasoning: The expulsion violated conscience and expression. Constitutional tolerance protected their respectful refusal in the absence of valid legal restriction.

Use in an answer: Use it for conscience, tolerance and the need for legal authority to restrict rights.

How to write this answer in an exam

  1. Identify whether Article 25, 26, 27 or 28 applies.
  2. Identify the right-holder and the activity.
  3. Separate religious practice from secular administration.
  4. Apply the express limitation and other Part III rights.
  5. Conclude with neutrality, reform and proportionality.

Quick revision

  • Article 25 protects conscience and practice.
  • Article 26 protects denominations.
  • Both remain subject to express limits.
  • Secular administration can be regulated.
  • Articles 27 and 28 support religious neutrality.

Test yourself

  1. How do Articles 25 and 26 differ?
  2. What activity can the State regulate?
  3. When does Article 28 require consent?

Frequently asked questions

Is the right to propagate religion a right to force conversion?

No. Propagation protects communicating and explaining belief. It does not protect conversion brought about through force, fraud or unlawful inducement.

Can the State regulate temple or religious property administration?

Yes. Secular financial and administrative matters may be regulated, while regulation cannot simply take over protected religious affairs without constitutional justification.

Sources and further reading

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