Right to Freedom of Religion – Articles 25 – 28 – UPSC Notes – Indian Polity

The Constitution of India ensures the right to freedom of religion for both individuals and religious groups within the country, as outlined in Articles 25 to 28.

Article 25 – Right to Freedom of Religion

Article 25 of the Indian Constitution ensures freedom of conscience and the right to freely follow, practice, and spread one’s religion for all citizens. However, these freedoms are limited by considerations of public order, health, and morality.

This article allows the government to make laws that:

1. Control and limit any financial, economic, political, or non-religious activities related to religious practices.
2. Support social welfare and the improvement of Hindu religious institutions, making them accessible to all sections and classes of Hindus. This includes Sikhs, Jains, and Buddhists, who are considered as part of the Hindu community under this provision.
3. Recognizes that Sikhs carrying the kirpan are considered to be practicing their Sikh religion.

Article 26 – Right to Manage Religious Affairs

This article outlines the rights granted to every religious denomination, subject to considerations of morality, health, and public order. These rights include:

1. Formation and Maintenance of Institutions:
   • Every religious denomination has the right to form and maintain institutions dedicated to religious and charitable purposes.
2. Autonomy in Religious Affairs:
   • The right to manage its own affairs in matters of religion, providing autonomy and self-governance within the religious framework.
3. Property Rights – Immovable and Movable:
   • The right to acquire both immovable and movable property, allowing for the ownership and possession of assets essential to religious practices.
4. Administration of Property According to the Law:
   • The right to administer the acquired property in accordance with the laws, ensuring lawful management and utilization of religious assets.

Article 27 – Right to Freedom from Taxes for Religious Promotion

Article 27 of the Constitution establishes the principle that:

• Prohibition of Sect-Specific Taxes: No taxes can be imposed, the proceeds of which are directly utilized for the promotion and/or maintenance of any particular religion or religious denomination.

This constitutional provision serves to prevent the financial support or endorsement of any specific religious group through taxation. By disallowing the allocation of tax revenues for the exclusive benefit of a particular religion, Article 27 upholds the secular nature of the state and ensures that public funds remain neutral in matters of religious promotion or maintenance.

Article 28 – Right to Freedom in Educational Institutions

Article 28 of the Constitution addresses the freedom regarding attendance at religious instruction or religious worship in educational institutions. It establishes the following provisions:

1. Religious Instruction in Religious Group Maintained Institutions:
   • Educational institutions maintained by religious groups are permitted to disseminate religious instruction.
2. Prohibition of Religious Instruction in State-Run Educational Institutions:
   • State-run educational institutions are prohibited from providing religious instruction.
3. Exemption for State-Administered Institutions Under Endowment or Trust:
   • State-administered educational institutions established under any endowment or trust, that mandates the imparting of religious instruction, are exempt from the prohibition mentioned above.
4. Consent for Religious Instruction or Worship in State-Aided Institutions:
   • Individuals attending educational institutions recognized by the State or receiving State aid are not obligated to participate in religious instruction or attend religious worship unless they have given explicit consent.
   • In the case of minors, such consent must be provided by their guardians.

Secularism: A Concept in India

Secularism, defined as the separation of religion from various facets of governance, society, economy, and culture, is a fundamental principle in India. Here are key aspects of secularism in the Indian context:

1. Separation from Religion:
   • Secularism in India implies a clear separation of religion from government, societal structures, economic activities, and cultural expressions.
   • Religion is considered a personal matter, devoid of interference in public affairs.
2. India as a Secular Country:
   • India is explicitly designated as a secular nation in its Constitution, indicating the absence of any state religion.
   • The essence of Indian secularism lies in according equal respect to all religions and faiths.
3. Constitutional Significance:
   • Secularism is enshrined in the Basic Structure of the Constitution, introduced by the 42nd Amendment.
   • It is a cherished concept in Indian democracy, emphasizing the importance of religious neutrality in governance.
4. Cultural Integration:
   • Secularism has been ingrained in Indian culture, evident in the harmonious coexistence of diverse faiths over centuries.
   • All religious groups in India enjoy equal powers without discrimination.
5. Comparison with Western Models:
   • In the Western model of secularism, there is a complete separation of the State from the Church, inspired by the French Revolution.
   • In India, the State and religion are not entirely isolated, with the government maintaining some influence over religious affairs.
6. Positive Engagement Model in India:
   • Unlike the Western model, India adopts a positive engagement approach, offering support to religious minorities in establishing educational institutions.
   • Hindu temples may be directly governed by the State, with Boards overseeing their administration.
7. Pluralism vs. Secularism in India:
   • While secularism is the term used, the concept of pluralism may better capture the essence of Indian society.
   • India, with its long history, accommodates diverse religious groups coexisting in shared spaces.

FAQs on Right to Freedom of Religion

1. What does secularism in India entail?
   • Secularism in India signifies a clear separation of religion from government, societal structures, economic activities, and cultural expressions. It emphasizes that religion is a personal matter without interference in public affairs.
2. Is India explicitly designated as a secular country in its Constitution?
   • Yes, India is explicitly designated as a secular nation in its Constitution, indicating the absence of any state religion. This reflects the commitment to treating all religions and faiths with equal respect.
3. What is the constitutional significance of secularism in India?
   • Secularism is enshrined in the Basic Structure of the Constitution, introduced by the 42nd Amendment. It is a fundamental concept in Indian democracy, emphasizing religious neutrality in governance.
4. How does secularism contribute to cultural integration in India?
   • Secularism has been ingrained in Indian culture, facilitating the harmonious coexistence of diverse faiths over centuries. All religious groups in India enjoy equal powers without discrimination.
5. How does secularism in India differ from the Western model?
   • In the Western model, there is a complete separation of the State from the Church, inspired by the French Revolution. In India, the State and religion are not entirely isolated, with the government maintaining some influence over religious affairs.
6. What is the positive engagement model of secularism in India?
   • India adopts a positive engagement approach, offering support to religious minorities in establishing educational institutions. Hindu temples may be directly governed by the State, with Boards overseeing their administration.
7. How does India’s secularism emphasize equality among religious groups?
   • Indian secularism emphasizes equal respect for all religions and faiths, ensuring that no religious group is favored over another. This commitment to equality is a core principle of secular governance.
8. Does secularism in India extend to economic activities?
   • Yes, secularism in India extends to economic activities, ensuring that religious considerations do not influence economic policies or practices. Economic activities are expected to be free from religious bias.
9. Why is pluralism considered a relevant concept in the context of Indian society?
   • While the term used is secularism, the concept of pluralism better captures the essence of Indian society. India’s long history accommodates diverse religious groups coexisting in shared spaces, reflecting a pluralistic approach.
10. Is secularism only a legal concept in India, or does it have cultural roots as well?
    • Secularism in India is not just a legal concept; it has deep cultural roots. The cultural integration of diverse faiths and the historical coexistence of different religious groups contribute to the broader understanding and acceptance of secularism in the country.

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