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Right to Freedom of Religion (Articles 25-28)

Law

The right to freedom of religion, enshrined in Articles 25 to 28 of the Indian Constitution, is a fundamental pillar of a democratic and pluralistic society. 

These articles guarantee every individual the right to freely profess, practice, and propagate their religion while promoting secularism and preventing discrimination based on religion. 

Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion

Article 25 grants every individual the freedom of conscience, allowing them to hold and follow their religious beliefs. It ensures the right to profess, practice, and propagate any religion of choice, subject to certain reasonable restrictions. 

This provision acknowledges the significance of individual autonomy and respects the diversity of religious beliefs in a multicultural society.

Secularism and Equality

Articles 25 to 28 reflect India’s commitment to secularism, as they uphold the principle of equal treatment and non-discrimination based on religion. 

They prevent the state from favouring or discriminating against any particular religion, ensuring that individuals of all faiths have equal opportunities and protection under the law.

Freedom of Worship and Religious Practices

Article 25 guarantees the freedom of worship, allowing individuals to observe their religious rituals, ceremonies, and practices. 

It acknowledges the importance of religious spaces, such as temples, mosques, churches, and gurudwaras, where individuals can express and manifest their religious beliefs.

Protection of Religious Institutions

Articles 26 and 27 safeguard the rights of religious denominations and institutions. 

Article 26 recognizes their autonomy in managing religious affairs, including the right to establish and maintain institutions for religious and charitable purposes. 

Article 27 ensures that no individual can be compelled to pay taxes to promote a particular religion, respecting the individual’s freedom of conscience.

Right to Religious Freedom vs Public Order, Morality, and Health

Article 28 specifically addresses the issue of religious instruction in educational institutions. It states that no religious instruction shall be provided in any educational institution wholly maintained by state funds. 

However, it allows religious instruction in educational institutions not wholly maintained by state funds, subject to certain conditions. This provision balances the right to religious freedom and the promotion of secular education.

Summary

The right to freedom of religion, enshrined in Articles 25 to 28 of the Indian Constitution, is vital in preserving India’s secular fabric and fostering a society that respects and celebrates diversity. 

These provisions protect the individual’s freedom of conscience, the right to practice and propagate one’s religion, and the autonomy of religious institutions. They promote equality, secularism, and cultural and educational rights preservation. 

Note: Access complete CLAT Legal Reasoning notes here.


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