India is a secular republic, and the Constitution protects freedom of conscience and religion through Articles 25 to 28 of Part III.
These provisions protect individual religious freedom as well as certain rights of religious denominations (organised groups belonging to a particular religion or faith).
However, religious freedom is not absolute. The Constitution permits restrictions in the interests of public order, morality and health and also allows the State to regulate certain secular activities connected with religion.
The four principal Articles are:
| Article | Subject |
|---|---|
| Article 25 | Freedom of conscience and freedom to profess, practise and propagate religion |
| Article 26 | Freedom to manage religious affairs |
| Article 27 | Freedom from payment of taxes for promotion of a particular religion |
| Article 28 | Freedom regarding religious instruction in educational institutions |
1. Article 25 — Freedom of Conscience and Religion
Article 25 guarantees to all persons:
- Freedom of conscience
- Freedom to profess religion
- Freedom to practise religion
- Freedom to propagate religion
This means Article 25 is available not only to Indian citizens but to all persons, subject to its constitutional limitations.
Understanding the Four Terms
Freedom of Conscience
Conscience means a person's inner belief or moral conviction.
Freedom of conscience protects the individual's freedom to:
- Believe in a religion
- Follow a religion
- Change one's belief
- Choose not to follow a religion
Freedom to Profess
Profess means to openly declare or acknowledge one's religious faith.
For example, a person may publicly identify themselves as belonging to a particular religion.
Freedom to Practise
Practise means performing religious activities, ceremonies or observances associated with one's faith.
Examples can include:
- Religious prayers
- Ceremonies
- Worship
- Religious observances
The exact constitutional protection of a particular practice depends on the circumstances and other constitutional provisions.
Freedom to Propagate
Propagate means communicating or spreading one's religious beliefs.
It does not mean that a person has a Fundamental Right to convert another person through force, fraud or improper means.
The Supreme Court has distinguished the right to propagate one's religion from a claimed right to convert another person.
2. Restrictions on Article 25
Article 25 is subject to:
- Public order
- Morality
- Health
- Other provisions of Part III of the Constitution
Therefore, freedom of religion is not an unlimited right.
Example
If a religious activity creates a serious threat to public order, the State may impose constitutionally valid restrictions.
Similarly, a religious practice cannot automatically escape laws that protect public health or other Fundamental Rights.
3. State Regulation of Secular Activities
Article 25(2) allows the State to make laws:
A. Regulating Secular Activities Associated With Religion
The State may regulate economic, financial, political or other secular activities that may be associated with religious practice.
Secular activity here means an activity that is not itself essentially religious, even if it is connected with a religious institution.
For example, financial administration of a religious institution may be subject to regulation.
B. Social Welfare and Reform
The State may also make laws:
- Providing for social welfare and reform
- Throwing open Hindu religious institutions of a public character to all classes and sections of Hindus
This provision is constitutionally significant because the Constitution protects religious freedom while also permitting social reform legislation.
4. Article 25 and Hindu Religious Institutions
Article 25 contains a special constitutional explanation concerning the expression “Hindus” for the purposes of the provision.
It states that references to Hindus include persons professing the Sikh, Jaina or Buddhist religion.
Article 25 also contains an explanation concerning the carrying of kirpans by Sikhs, providing that it is deemed to be included in the profession of the Sikh religion.
UPSC Trap
Do not interpret this explanation as saying that Sikhism, Jainism or Buddhism are simply the same religion as Hinduism.
The provision operates for the specific constitutional purpose stated in Article 25.
5. Article 26 — Freedom to Manage Religious Affairs
Article 26 protects the rights of religious denominations.
A religious denomination is an organised religious group having a distinct identity.
Subject to public order, morality and health, every religious denomination or any section thereof has the right:
Article 26(a)
To establish and maintain institutions for religious and charitable purposes.
Article 26(b)
To manage its own affairs in matters of religion.
Article 26(c)
To own and acquire movable and immovable property.
Movable property means property that can generally be moved, such as money or certain goods.
Immovable property includes land and buildings.
Article 26(d)
To administer such property in accordance with law.
6. Article 25 vs Article 26
This is extremely important for UPSC.
| Article 25 | Article 26 |
|---|---|
| Primarily protects individual religious freedom | Protects religious denominations |
| Available to all persons | Available to religious denominations or sections thereof |
| Freedom of conscience, profession, practice and propagation | Right to establish institutions and manage religious affairs |
| Subject to public order, morality, health and other Part III provisions | Subject to public order, morality and health |
| Individual-oriented | Group/institution-oriented |
The Supreme Court has described Article 25 as an individual right and Article 26 as a right belonging to religious denominations.
7. Important Case: Shirur Mutt Case (1954)
The case Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt is one of the foundational cases concerning Articles 25 and 26.
The Supreme Court considered the distinction between religious matters and secular administration associated with religion.
The Court recognised that religion can include matters of faith and practices that are regarded as integral to religion.
This case became particularly important in the development of what is commonly called the essential religious practices doctrine.
Essential Religious Practices
The basic idea is that courts may examine whether a claimed practice is an essential part of a religion for constitutional purposes.
This doctrine has subsequently been discussed and applied in numerous cases.
UPSC caution: Do not treat the doctrine as a simple rule that every practice claimed to be religious is automatically protected.
8. Article 27 — Freedom From Taxes for Promotion of a Particular Religion
Article 27 provides protection regarding taxation and religion.
It states that no person shall be compelled to pay any tax, the proceeds of which are specifically appropriated (earmarked) for the promotion or maintenance of any particular religion or religious denomination.
What Does This Mean?
The State cannot impose a tax specifically for the purpose of promoting or maintaining one particular religion or religious denomination.
Tax vs Fee
A common UPSC area of confusion is the distinction between a tax and a fee.
A tax is generally imposed for raising public revenue.
A fee is generally connected with a particular service or regulatory purpose.
Article 27 specifically uses the term tax.
Therefore, every government expenditure involving a religious institution does not automatically amount to a violation of Article 27.
The constitutional question depends on the nature and purpose of the levy and expenditure.
9. Article 28 — Religious Instruction in Educational Institutions
Article 28 deals with religious instruction in educational institutions.
Its provisions must be studied carefully because Article 28 does not simply prohibit all religious teaching in every educational institution.
Article 28(1)
No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
In simple terms:
If an educational institution is completely maintained by government funds, religious instruction cannot be provided there.
Article 28(2)
Article 28(1) does not apply to an educational institution administered by the State but established under an endowment or trust that requires religious instruction to be imparted.
An endowment is property or money dedicated for a particular purpose, often charitable or religious.
Article 28(3)
No person attending an educational institution recognised by the State or receiving aid out of State funds can be required:
- To take part in religious instruction, or
- To attend religious worship conducted in that institution
However, where the person is a minor, consent of the guardian is required for participation.
10. Article 28 — Important Comparison
| Institution | Religious instruction |
|---|---|
| Wholly maintained by State funds | Not permitted |
| Administered by State but established under a trust/endowment requiring religious instruction | Article 28(1) exception applies |
| State-recognised or State-aided institution | A person cannot be compelled to participate |
| Participation in worship/instruction | Cannot be forced in the circumstances specified by Article 28(3) |
Important UPSC Trap
The statement:
“The Constitution completely prohibits religious instruction in all government or government-aided schools.”
is incorrect.
Article 28 creates different rules depending upon how the institution is established, maintained and recognised.
11. Secularism and Articles 25–28
Indian secularism has a constitutional structure that protects freedom of conscience and religion while also permitting the State to regulate secular activities associated with religion and enact social reform measures.
The Constitution does not establish a particular religion as the official religion of the Indian Republic.
The Supreme Court's constitutional materials also describe India as a secular state recognising freedom of conscience and religion.
Important Point
Secularism in the Indian constitutional framework does not mean that religion is completely excluded from public life.
Instead, the Constitution establishes protections for religious freedom while allowing constitutionally permitted regulation and reform.
12. Article 25–28: One-Page Comparison
| Article | Main Right | Beneficiary | Main Restrictions |
|---|---|---|---|
| 25 | Freedom of conscience and religion | All persons | Public order, morality, health and other Part III provisions |
| 26 | Manage religious affairs | Religious denominations | Public order, morality and health |
| 27 | Protection from taxation specifically appropriated for promotion of a particular religion | Persons | Applies specifically to taxation covered by Article 27 |
| 28 | Rules regarding religious instruction | Persons attending relevant institutions | Rules differ according to type of institution |
13. Important Supreme Court Cases
1. Shirur Mutt Case — 1954
Important for:
- Articles 25 and 26
- Religious denomination
- Religious practices
- Relationship between religious and secular activities
- Development of the essential religious practices doctrine
2. S.R. Bommai v. Union of India — 1994
The Supreme Court discussed secularism as an important constitutional principle and connected it with the constitutional structure of India.
3. Bijoe Emmanuel v. State of Kerala — 1986
The case involved students who respectfully declined to sing the national anthem because of their religious beliefs.
The Supreme Court recognised the importance of freedom of conscience and held that students who stood respectfully but did not sing could not simply be punished when their conduct did not amount to disrespect.
4. Indian Young Lawyers Association v. State of Kerala — 2018
The Sabarimala judgment involved questions concerning equality, religious freedom and the relationship between individual rights and claims concerning religious practice.
The judgment is important for understanding that Articles 25 and 26 operate within the broader constitutional framework rather than existing in isolation.
14. Difference Between Religion and Secular Activity
A useful way to understand Articles 25 and 26 is to separate:
Religious matters
These may involve:
- Faith
- Worship
- Religious ceremonies
- Religious observances
Secular matters connected with religion
These may include:
- Financial administration
- Property management
- Economic activities
- Administrative arrangements
The Constitution allows the State to regulate certain secular activities even when they are connected with religious institutions.
This distinction is important in understanding the constitutional balance between religious autonomy and State regulation.
15. Quick Revision Notes
- Articles 25–28 deal with freedom of religion.
- Article 25 is available to all persons.
- Article 25 protects freedom of conscience and the right to profess, practise and propagate religion.
- Article 25 is subject to public order, morality, health and other Part III provisions.
- Article 25(2) permits regulation of secular activities associated with religion and social welfare and reform measures.
- Article 26 protects religious denominations.
- Article 26 covers establishment of institutions, management of religious affairs, property ownership and administration.
- Article 27 deals with taxation specifically appropriated for promotion or maintenance of a particular religion or religious denomination.
- Article 28 deals with religious instruction in educational institutions.
- Article 28 does not prohibit religious instruction in every type of educational institution.
- Article 25 is primarily individual-oriented.
- Article 26 is denomination-oriented.
- Shirur Mutt is a foundational case for Articles 25 and 26.
- Bijoe Emmanuel is important for freedom of conscience.
- S.R. Bommai is important for constitutional secularism.
- Sabarimala is important for the interaction between religious freedom and other constitutional rights.
16. Common UPSC Prelims Traps
| Statement | Answer |
|---|---|
| Article 25 is available only to citizens | Incorrect |
| Article 25 protects freedom of conscience | Correct |
| Freedom to propagate means an unlimited right to convert another person | Incorrect |
| Article 26 belongs to religious denominations | Correct |
| Article 26 is subject to public order, morality and health | Correct |
| Article 27 prohibits every government expenditure involving religion | Incorrect |
| Article 28 prohibits religious instruction in every educational institution | Incorrect |
| Article 28(1) concerns institutions wholly maintained out of State funds | Correct |
| Article 25 is subject to other provisions of Part III | Correct |
| Article 26 has exactly the same restrictions as Article 25 | Incorrect |
17. UPSC Prelims Practice MCQs
Question 1
With reference to Article 25 of the Constitution of India, consider the following statements:
- It is available only to citizens.
- It protects freedom of conscience.
- It is subject to public order, morality and health.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: C. 2 and 3 only
Explanation: Article 25 begins with “all persons,” so it is not restricted to citizens.
Question 2
Which one of the following is protected under Article 26?
A. Freedom of speech
B. Freedom to manage religious affairs
C. Freedom from arrest
D. Right to education
Answer: B. Freedom to manage religious affairs
Explanation: Article 26 protects specified rights of religious denominations, including the right to manage their own affairs in matters of religion.
Question 3
Which of the following is NOT a ground expressly mentioned in Article 25(1) as a limitation on religious freedom?
A. Public order
B. Morality
C. Health
D. National economic development
Answer: D. National economic development
Explanation: Article 25(1) expressly refers to public order, morality, health and the other provisions of Part III.
Question 4
Consider the following statements regarding Article 28:
- Religious instruction is prohibited in an institution wholly maintained out of State funds.
- Article 28 contains exceptions to the general rule.
- Every student in a State-aided institution can be compelled to participate in religious worship.
Which of the statements is/are correct?
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: B. 1 and 2 only
Explanation: Article 28 contains different rules for different institutions, and Article 28(3) protects persons from being compelled to participate in religious instruction or worship in the circumstances specified there.
Question 5
Which case is particularly associated with the freedom of conscience of students who declined to sing the national anthem on religious grounds?
A. Bijoe Emmanuel v. State of Kerala
B. Maneka Gandhi v. Union of India
C. Kesavananda Bharati v. State of Kerala
D. PUDR v. Union of India
Answer: A. Bijoe Emmanuel v. State of Kerala
Question 6
The term “religious denomination” is most directly relevant to:
A. Article 14
B. Article 19
C. Article 26
D. Article 32
Answer: C. Article 26
Question 7
Which of the following correctly distinguishes Articles 25 and 26?
A. Article 25 applies only to denominations while Article 26 applies to individuals.
B. Article 25 primarily protects individual religious freedom while Article 26 protects specified rights of religious denominations.
C. Both Articles are exclusively concerned with taxation.
D. Article 25 concerns education while Article 26 concerns arrest.
Answer: B
18. UPSC Mains Practice
Question
“Freedom of religion under Articles 25 to 28 is subject to constitutional limitations and is not an absolute right.” Discuss.
Answer-Writing Framework
Introduction
Introduce Articles 25–28 as the constitutional framework protecting freedom of conscience and religion.
Body
Discuss:
- Article 25 and its restrictions.
- Article 26 and the rights of religious denominations.
- Article 25(2) and State power to regulate secular activities.
- Social reform and constitutional values.
- Article 27 and religious taxation.
- Article 28 and religious instruction in educational institutions.
- Relevant judgments such as Shirur Mutt, Bijoe Emmanuel and Sabarimala.
Conclusion
The Constitution seeks to protect religious freedom while simultaneously preserving public order, health, morality, equality and other constitutional rights. Therefore, religious freedom operates within the broader constitutional framework.