Definition
Articles 25-28.
Freedom to profess, practice and propagate religion.
Statutory Definition
Articles 25 to 28 Constitution.
Etymology & Origin
Embedded in the Constitution to uphold the secular fabric of India, ensuring the State remains neutral while citizens freely practice their faith.
Full Legal Analysis
The Right to Freedom of Religion is a cluster of fundamental rights that guarantees secularism in India by ensuring individuals and religious denominations have the autonomy to manage their religious affairs without state interference.
Article 25 grants all persons the freedom of conscience and the right to freely profess, practice, and propagate religion. Article 26 gives religious denominations the right to manage their own affairs in matters of religion and own property. Article 27 prohibits the State from compelling anyone to pay taxes for the promotion of a particular religion. Article 28 prohibits religious instruction in state-funded educational institutions.
This right is strictly subject to public order, morality, and health. The State can also regulate secular activities associated with religious practices (like financial management of temples) and enact laws for social reform (like banning untouchability or Triple Talaq).
The Supreme Court established the 'Essential Religious Practices' test, holding that only those practices which are integral and essential to a religion are protected under Article 25, while purely secular or superstitious practices can be regulated by the State.
Litigation under these articles frequently involves defining what constitutes an 'essential practice' of a religion, as seen in cases involving temple entry, hijab bans, and minority institution rights.
This Term in Indian Statutes
Constitution of India, 1950
"Freedom of conscience and free profession, practice and propagation of religion."
The core article establishing individual religious freedom in a secular state.
