Right to Freedom of Religion

Article 25(1): Subject to public order, morality and health and to other provisions of Part III, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.

• Availability: This right is available to all persons (citizens and non-citizens).
• Limitations (Subject to): The exercise of this right is subject to:
  • Public order
  • Morality
  • Health
  • Other provisions of Part III (Fundamental Rights) (e.g., cannot violate Article 14, 15, 17, 21 in the name of religious freedom).
• Components of Freedom:
  • Freedom of Conscience: Inner freedom to mould one's relation with God; includes freedom to have/not have belief, and to change belief.
  • Right to Profess: To declare one's religious beliefs openly.
  • Right to Practice: To perform religious worship, rituals, ceremonies, outward expressions.
  • Right to Propagate: To transmit and disseminate one's religious beliefs to others.
    Important Clarification (Conversion): The Supreme Court in Rev. Stainislaus vs. State of Madhya Pradesh (1977) held that the right to propagate religion does not include the right to convert another person to one's own religion by means of force, fraud, or allurement. Conversion through free will and consent is permissible.

This clause provides for two exceptions where the State can make laws, notwithstanding the rights granted under Article 25(1):

• (a) Regulate or restrict any economic, financial, political or other secular activity which may be associated with religious practice.

  Example: State can regulate administration of temple properties, manage finances of religious endowments if mismanaged, or regulate political activities conducted under religious guise if they threaten public order.

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

  This empowers the State to undertake social reforms and eradicate social evils practiced in the name of religion (e.g., Sati, child marriage, animal sacrifice if deemed harmful).

  It also allows the State to ensure that Hindu religious institutions of a public character are open to all sections of Hindus, preventing caste-based discrimination in temple entry.

  Explanation I to Article 25: Clarifies that reference to ‘Hindus’ includes persons professing the Sikh, Jaina or Buddhist religion.
  Explanation II to Article 25: States that the wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

To balance religious freedom with the State's power of social reform and regulation, the Supreme Court evolved the "Essential Religious Practices" (ERP) doctrine.

• Origin (Shirur Mutt Case, 1954): SC held that "what constitutes an essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself."
• Meaning of ERP Doctrine: Only those practices that are essential and integral to a religion are protected under Article 25. The State cannot interfere with these essential practices. However, non-essential or secular aspects can be regulated.
• Role of Courts: Courts determine whether a practice is essential, often examining religious texts, tenets, history, and expert opinions.

Key Cases Illustrating ERP Application/Debate:

Criticism of ERP Doctrine:

• Judges (not religious scholars) determining "essentiality" is seen as judicial overreach.
• Lack of consistent criteria for determination.
• Can lead to homogenizing diverse practices within a religion.

(Source: Laxmikanth, 'Indian Polity'; Constitution of India (Bare Act - Article 25); Landmark SC Judgments)

Article 26: Subject to public order, morality and health, every religious denomination or any section thereof shall have the right:

• (a) to establish and maintain institutions for religious and charitable purposes;
• (b) to manage its own affairs in matters of religion;
• (c) to own and acquire movable and immovable property; and
• (d) to administer such property in accordance with law.

Limitations: These rights are also subject to public order, morality, and health.

The Supreme Court in the Shirur Mutt case defined a religious denomination as a collection of individuals classed together under the same name; a religious sect or body having a common faith and organization and designated by a distinctive name.

Criteria for being a Religious Denomination:

1. It must be a collection of individuals who have a system of beliefs or doctrines which they regard as conducive to their spiritual well-being (i.e., a common faith).
2. It must have a common organization.
3. It must be designated by a distinctive name.

Examples Recognized by SC: Ramakrishna Mission, Ananda Marga, Aurobindo Society (as religious denomination), Shia/Sunni sects of Islam, various maths of Hinduism.

• Article 25: Guarantees the rights of individuals (freedom of conscience, to profess, practice, propagate).
• Article 26: Guarantees the rights of religious denominations or sections thereof (a collective right to establish institutions, manage religious affairs, own property).
• Article 26 protects the autonomy of religious denominations in managing their affairs.

• Right to manage its own affairs in matters of religion (Art 26(b)): This is a core right. "Matters of religion" include religious doctrines, tenets, rituals, forms of worship, appointment of priests, etc. The State cannot interfere in these purely religious matters.
• Right to administer property in accordance with law (Art 26(d)): Denominations have the right to own, acquire, and administer property, but this must be "in accordance with law."

  This means the State can make laws to regulate the secular administration of religious properties (e.g., financial management, maintenance) to prevent mismanagement or corruption. However, such laws cannot take away the denomination's right of administration altogether.

(Source: Laxmikanth, 'Indian Polity'; Constitution of India (Bare Act - Article 26); Landmark SC Judgments)