Right to freedom of religion (Article 25-28)
The Constitution of India provides certain fundamental rights to its citizens which are included in part III. The right to freedom of religion is one of the fundamental rights it contains articles regarding the religious affairs of citizens. The advisory committee on fundamental rights set up by the constituent assembly was headed by Sardar Vallabh Bhai Patel.
Nehru's report headed by Pandit Motilal Nehru also contained provisions regarding fundamental rights which were accepted by Congress in its session of 1929 at Lahore.
These rights are called fundamental because they are superior to ordinary laws and are vital for the development of human personality. However, they can be altered by the constitutional amendment.
The main object of inclusion of fundamental rights in the constitution is to establish a rule of law not of man.
To strike balance between individual liberty and social control some restrictions have been imposed on them so that they are not absolute in nature.
Some of the rights are available to all persons in the country while some are reserved for citizens only. Few can get suspended during an emergency.
India is a secular state it does not mean that India in not follow any religion but it means that India follows the ancient Indian principle of “Sarva Dharma Sambhava” and welcomes all religions and respects their beliefs.
The preamble describes our republic interalia as secular. The concept of secularism in the constitution. Is not that of being anti-religion. It only means that there is no state religion, no one is to be discriminated against on grounds of religion. Article 25-28 provided to all persons and guarantees the right to freedom of religion in all its aspects.
Article 25 Freedom of conscience and free profession, practice, and propagation of religion.
Subject to public order, morality, and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice, and propagate religion.
Article 26: says that subject to public morality and health every religious denomination or any section thereof shall have the right to establish and maintain religious institutions and can acquire and manage immovable property for itself.
Article 27: Gives freedom from payment of tax for promotion of any particular religion.
No Person shall be compelled to pay any taxes the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
Article 28: Give freedom as to attendance at religious instruction or religious worship in certain educational institutions.
No religious instruction shall be provided in any educational institution wholly maintained out of state funds.
An educational institution that is administered by the state but has been established under any endowment or trust which requires that religious instructions shall be imparted in such institution.
The right to religious freedom is however subject to public order, morality and health. The state would be free to regulate the practice and to provide for social welfare and reform or the throwing open the Hindu temples, etc. to all classes of Hindus. The wearing of Kirpans was to be deemed to be included in the profession of Sikh religion.
The supreme court has in the case of ‘Stainislaus vs. State of Madhya Pradesh, held that right to propagate’ under Article 25 does not include any right to forcible conversions as these may disturb public order.
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