Article 25

Article 25 of the Indian Constitution guarantees the fundamental right to freedom of conscience and the free profession, practice, and propagation of religion. This Article forms the foundation of India’s secular and pluralistic framework, ensuring that every individual can follow their religious beliefs without fear of discrimination or coercion. At the same time, it balances individual freedoms with the need to maintain public order, morality, and social welfare.

Constitutional Context and Scope

Article 25 is part of Part III – Fundamental Rights and applies to all persons, including both citizens and non-citizens residing in India. It reflects the spirit of secularism enshrined in the Preamble, which recognises India as a nation that respects all religions equally while maintaining a neutral stance toward them.
The Article embodies two essential dimensions:

1. Freedom of conscience – The right to believe or not believe in any religion.
2. Freedom of religion – The right to freely profess, practise, and propagate one’s faith.

However, this freedom is not absolute. It is subject to public order, morality, and health, ensuring that religious practices do not endanger societal harmony or individual safety.

Structure and Key Provisions

Article 25 consists of two main clauses along with explanatory notes defining the scope of certain rights.

• Clause (1):
  • Confers on every individual the freedom of conscience and the right to freely profess, practise, and propagate religion.
  • This freedom extends to belief, expression, and dissemination of religious views through worship, rituals, and teachings.
• Clause (2):
  • Preserves existing laws governing religious practices and grants the State the power to enact laws regulating or restricting:
    • Economic, financial, political, or secular activities associated with religion.
    • Social welfare and reform, including opening up Hindu religious institutions of a public nature to all classes and sections of Hindus.
• Explanation I: Recognises the wearing and carrying of kirpans as an integral part of the Sikh religion, affirming the right of Sikhs to practise their faith freely.
• Explanation II: Broadens the term Hindus to include Sikhs, Jains, and Buddhists for the purpose of accessing public Hindu religious institutions.

Nature and Limitations of Religious Freedom

The right to freedom of religion under Article 25 is not unlimited. It is subject to three key conditions:

1. Public Order: The State can restrict religious practices that disturb peace, incite violence, or threaten security.
2. Morality: Practices deemed immoral or unethical (such as human or animal sacrifice) may be restricted by law.
3. Health: The State may prohibit activities that endanger public health, such as superstitious or unhygienic rituals.

Additionally, the State is empowered to regulate secular aspects of religion, such as property management or financial transactions, ensuring that religious activities align with principles of public welfare and equality.

Judicial Interpretation and Landmark Judgments

The Supreme Court of India has played a pivotal role in defining the scope and limits of religious freedom under Article 25.

• Kesavananda Bharati v. State of Kerala (1973): The Court recognised secularism as part of the Constitution’s basic structure, affirming that freedom of religion is fundamental to democracy.
• S.R. Bommai v. Union of India (1994): Reiterated that the State must maintain neutrality toward all religions, and that secularism implies equal respect for all faiths without preference or discrimination.
• Commissioner of Police v. Acharya Jagadishwarananda Avadhuta (2004): The Court clarified that the right to propagate religion does not extend to coercive or fraudulent conversions and must respect the rights of others.
• Indian Young Lawyers Association v. State of Kerala (2018) – Sabarimala Case: The Court held that the exclusion of women of menstruating age from the Sabarimala temple violated fundamental rights to equality and freedom of religion, emphasising that essential religious practices must conform to constitutional morality.
• Shayara Bano v. Union of India (2017): The practice of instant triple talaq was struck down as unconstitutional, demonstrating that personal laws are subject to constitutional scrutiny under Article 25 when they violate gender equality or dignity.

Through these decisions, the judiciary has established that religious freedom in India coexists with constitutional principles of equality, dignity, and social reform.

Essential Religious Practices Doctrine

To determine which religious practices deserve protection under Article 25, Indian courts have developed the Essential Religious Practices (ERP) Test. This test distinguishes between core spiritual beliefs, which are constitutionally protected, and secular or non-essential activities, which may be regulated by the State.
For example, the Ananda Margi case (Acharya Jagadishwarananda v. Commissioner of Police, 1983) held that performing tandava dance in public was not an essential religious practice, thus permitting state regulation. This doctrine helps balance religious freedom with social order and reform.

Relationship with Other Fundamental Rights

Article 25 is closely related to other constitutional provisions that collectively guarantee religious liberty:

• Article 26: Grants religious denominations the right to manage their own affairs in matters of religion.
• Article 27: Prohibits the use of tax revenues for promoting or maintaining any particular religion.
• Article 28: Protects individuals from being compelled to participate in religious instruction or worship in certain educational institutions.

Together, these Articles form the framework for religious freedom and secular governance in India.

State Power and Social Reform

Clause (2)(b) of Article 25 explicitly empowers the State to enact laws promoting social welfare and reform, even if such laws interfere with certain religious customs. This clause has facilitated progressive legislation such as:

• The Hindu Widow Remarriage Act, 1856 and Hindu Succession Act, 1956, promoting gender equality in inheritance and marriage.
• The Abolition of Untouchability under Article 17, ensuring access to public temples for all sections of society.
• Judicial interventions such as the triple talaq judgment, which modernise personal laws in line with constitutional morality.

This demonstrates that while India respects religious diversity, it prioritises social justice and equality over practices inconsistent with these values.

Contemporary Issues and Debates

Several modern debates continue to test the boundaries of Article 25:

• Religious Conversions: Questions persist about the scope of the right to propagate religion, particularly regarding anti-conversion laws enacted by some states.
• Gender Equality vs. Religious Autonomy: Cases like Sabarimala and triple talaq highlight tensions between women’s rights and claims of religious freedom.
• Animal Sacrifice and Public Health: Certain rituals face restrictions under health and cruelty laws.
• Uniform Civil Code (UCC): Discussions on implementing a common civil law framework often raise concerns about balancing secular governance with religious pluralism.

Despite these challenges, the judiciary continues to interpret Article 25 in a manner that harmonises individual liberty with societal welfare.

Significance

Article 25 holds enduring significance as a guarantor of religious freedom and equality in a diverse nation like India. It:

• Ensures individual autonomy in matters of faith and conscience.
• Protects India’s multi-religious fabric by preventing State interference in spiritual beliefs.
• Upholds secularism as a guiding constitutional principle.
• Encourages social reform by allowing the State to intervene where religious practices conflict with fundamental rights.