Article 25 of the Indian Constitution

Religious freedom is one of the foundational principles that the framers of the Indian Constitution sought to protect. In a country as diverse as India, ensuring the right to freely profess, practice, and propagate religion is crucial to maintaining peace, harmony, and individual liberty.

Article 25 of the Indian Constitution guarantees this freedom but with certain reasonable restrictions. Understanding the scope and limitations of this provision is important to comprehend the balance between individual rights and the need for societal order.

Text of Article 25 of Indian Constitution

Freedom of conscience and free profession, practice and propagation of religion

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—

(a) regulating or restricting any economic, financial, political or other secular activity which maybe associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

What is Article 25?

Article 25 of the Indian Constitution deals with the freedom of conscience and the right to freely profess, practice, and propagate religion. It ensures that every individual has the right to follow and express their religious beliefs, however, this freedom is not absolute. It is subject to restrictions related to public order, morality, and health, as well as other provisions of the Constitution.

Freedom of Conscience

The term freedom of conscience is central to Article 25. It refers to the right of every individual to hold their own beliefs, whether religious or moral. This freedom allows individuals to choose their faith or to remain without any religious belief.

The Supreme Court of India has stated that freedom of conscience provides complete liberty for individuals to shape their spiritual and religious connections. An individual can follow any religious leader, perform religious practices, and make personal connections with God as they deem fit. However, this right must not violate the larger principles of public order, health, or morality, as outlined in the Constitution.

Right to Profess, Practice, and Propagate Religion

• Professing Religion: The right to profess religion involves the ability to express one’s religious beliefs openly and publicly. This includes the freedom to wear religious symbols, perform public acts of worship, or even display religious affiliations. For instance, the right of Sikhs to wear a kirpan (a ceremonial sword) is recognised under Article 25, as it is considered a core part of their religious practice.
• Practicing Religion: The freedom to practice religion goes beyond belief and extends to the actions an individual takes to live out their religious beliefs. This includes performing rituals, ceremonies, and observances that are integral to one’s faith. In India, for example, Hindus may perform specific rites during marriage ceremonies, Sikhs may wear turbans, and Muslims may offer prayers at mosques.
• Propagating Religion: The freedom to propagate religion means the right to spread one’s religious ideas and teachings. This can include conducting religious seminars, sharing religious texts, or encouraging others to join a faith. However, this right is not without restrictions. The propagation of religion must not involve coercion or undue influence. For example, forced conversions are prohibited under the Constitution, as discussed later.

Restrictions on Religious Freedom

While Article 25 guarantees the right to religious freedom, it does so with certain limitations, ensuring that this right does not disrupt public peace or harmony.

• Public Order: One of the key restrictions is the requirement that religious practices must not disturb public order. If a religious procession, for example, causes traffic congestion, public inconvenience, or communal disturbances, the state may impose reasonable restrictions on its conduct. The state is empowered to regulate the timing, routes, and other aspects of such religious activities to maintain public peace.
• Morality: The second limitation imposed is related to the morality of religious practices. Religious practices that violate social norms or go against public morality can be restricted. Practices such as the devadasi system, sati, or child marriage, although historically linked to certain religious beliefs, have been prohibited in India to ensure the welfare of society and protect individual dignity.
• Health: The third restriction is concerned with public health. Religious practices that pose a risk to public health can also be restricted. For instance, certain religious practices that involve fasting to the point of self-harm or actions that compromise the health of individuals, such as torture rituals or practices leading to starvation, can be regulated or banned under the state’s authority.
• Other Provisions of the Constitution: Religious practices must also comply with other constitutional provisions, including the right to equality, non-discrimination, and social justice. For example, discriminatory practices within religious institutions, such as the exclusion of certain castes or classes, are prohibited under the Indian Constitution.

Landmark Cases Related to Article 25

Over the years, several cases have shaped the interpretation of Article 25 and clarified its application. One of the most significant principles that have emerged is the essential religious practice test, which helps determine which practices are considered integral to a religion and, therefore, protected under Article 25.

Shirur Mutt Case (1954)

In the Shirur Mutt case, the Supreme Court of India clarified that the term religion is not confined to mere belief but also includes rituals, ceremonies, and observances that are integral to the religion. The Court held that the practice of religion includes modes of worship, food rituals, and dress codes, provided these practices are essential to the religion. The Court also established that religious freedom is not absolute and must be subject to public order, health, and morality.

Rev. Stainislaus vs. State of Madhya Pradesh (1977)

In this case, the Supreme Court upheld laws prohibiting forced conversions, reinforcing the principle that religious propagation must be voluntary. It also clarified that a person cannot be compelled to adopt a religion against their will. This case emphasised the balance between individual religious freedoms and public order.

Bijoe Emmanuel vs. State of Kerala (1987)

In Bijoe Emmanuel vs. State of Kerala case, three students were expelled from school for refusing to sing the national anthem on religious grounds. The Supreme Court ruled that the students’ rights to freedom of religion under Article 25 were violated. The Court stated that the right to freedom of religion includes the right not to be forced to follow practices that conflict with one’s religious beliefs, provided such practices do not disrupt public order.

Shayara Bano vs. Union of India (2017)

Shayara Bano vs. Union of India case dealt with the practice of triple talaq (instant divorce in Islam) and whether it was an essential religious practice protected under Article 25. The Supreme Court ruled that triple talaq was unconstitutional, emphasising that practices that violate fundamental rights, such as gender equality, cannot be justified on religious grounds.

The Essential Religious Practice Test

One of the most important concepts in interpreting Article 25 is the essential religious practice test. This test helps determine whether a specific religious practice is so essential to the religion that it must be protected under the Constitution. The test arose from the Shirur Mutt case, where the Court held that only those religious practices that are considered essential by the followers of that religion are protected by Article 25.

For example, the practice of wearing turbans by Sikhs, the Saptapadi (seven steps) ceremony in Hindu marriages, and offering prayers at mosques by Muslims have been considered essential practices under this test.

However, the application of this test is often controversial. Critics argue that it gives the courts the power to decide what is essential to a religion, which may lead to judicial overreach. On the other hand, this test helps ensure that only genuine religious practices are protected while preventing harmful practices from being justified under the guise of religion.

Conclusion

Article 25 of the Indian Constitution enshrines the fundamental right to religious freedom but places reasonable restrictions to maintain public order, morality, health, and social harmony. The judiciary has played a crucial role in interpreting these provisions and ensuring that religious freedoms are not misused to harm individuals or society.

While religious freedom is a fundamental right, it is essential to recognise that no right, including the right to religious freedom, is absolute. The state has the responsibility to regulate religious practices to ensure that they do not threaten public peace, violate social norms, or compromise public health. The essential religious practice test helps determine which religious practices are protected under the Constitution and ensures that harmful practices are not justified in the name of religion.