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Article 25-28 Right To Religion

The document discusses the doctrine of secularism and freedom of religion as enshrined in Articles 25 to 28 of the Indian Constitution, emphasizing the state's neutrality towards all religions. It outlines the scope of religious freedoms, reasonable restrictions, and key case laws that reinforce these principles, such as the Ayodhya case and S. R. Bommai v. Union of India. Additionally, it details the rights related to managing religious affairs, freedom from taxes for religious promotion, and the prohibition of religious instruction in state-funded institutions.

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17 views4 pages

Article 25-28 Right To Religion

The document discusses the doctrine of secularism and freedom of religion as enshrined in Articles 25 to 28 of the Indian Constitution, emphasizing the state's neutrality towards all religions. It outlines the scope of religious freedoms, reasonable restrictions, and key case laws that reinforce these principles, such as the Ayodhya case and S. R. Bommai v. Union of India. Additionally, it details the rights related to managing religious affairs, freedom from taxes for religious promotion, and the prohibition of religious instruction in state-funded institutions.

Uploaded by

parvezabdulrauf804
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Q.

Define secularism explain the freedom of religion with reasonable


restrictions under Indian Constitution
State the provisions of constitution relating to secularism with leading case
laws.
Write a detail note on doctrine of secularism and freedom of religion under
Indian Constitution
State the scope and extent of freedom of religion guaranteed under Indian
Constitution
Explain in detail doctrine of secularism and freedom of religion under
article 25 to 28

Introduction-
1. The doctrine of secularism and the freedom of religion in India are
primarily enshrined in Articles 25 to 28 of the Indian Constitution.
2. These articles outline the fundamental rights related to religion and
the state's stance towards religious practices.
3. It is a cornerstone of democratic societies, reflecting values of
tolerance, diversity, and personal autonomy.
4. In the context of the Indian Constitution, this right is deeply embedded
in the principles of secularism and is crucial for maintaining the
country's pluralistic fabric.

Secularism-
5. Secularism in the Indian context refers to the principle that the state
should not interfere in religious matters and should treat all religions
equally.
6. It ensures that religion does not influence the state and that the state
remains neutral in matters of faith.
7. Secularism in India is not about the separation of religion and state, as
seen in some Western countries, but about equal respect and
treatment of all religions.
8. Secularism means developing, understanding and respect for different
religions.
9. In 1976 the Indira Gandhi government enacted the 42nd Amendment
Act and the word ‘Secular’ was added to the Preamble. The 42nd
Amendment Act also known as the ‘Mini Constitution’, is the most
comprehensive amendment to the Constitution.

In the much-disputed Ayodhya case, it was held by the apex court that the
constitution postulates equality of all faiths. Through Tolerance and mutual
co-existence, the secular commitment of our country and its people can be
nourished.
In S. R. Bommai v. Union of India, AIR 1994 SC 1918, The 9 judge bench, in
this case, ruled that Secularism is the basic feature of the Constitution of
India. It also observed that religion and politics cannot be mixed together.

Freedom of Religion in India (Art. 25)


The German philosopher Immanuel Kant defines religion as “Religion is the
recognition of all our duties as divine commands”.

Article 25 of the Constitution guarantees freedom of religion to all persons


in India. It provides that all persons in India, subject to public order,
morality, health, and other provisions:
 Are equally entitled to freedom of conscience, and
 Have the right to freely profess, practice and propagate religion.
It further provides that this article shall not affect any existing law and shall
not prevent the state from making any law relating to:
 Regulation or restriction of any economic, financial, political, or any
secular activity associated with religious practice.
 Providing social welfare and reform.
 Opening of Hindu religious institutions of public character for all the
classes and sections of the Hindus.
In the case, Bijoe Emmanuel v. State of Kerala, 1986 (Popularly known as
the national anthem case), the Supreme Court held that not singing the
National Anthem while it is recited is not an offence under the Prevention of
Insults to National Honour Act, 1971, if the accused is not disrespecting it.
Scope-
o Article 25 covers religious beliefs (doctrines) as well as religious
practices (rituals).
o Moreover, these rights are available to all persons—citizens as well
as non-citizens.
Reasonable restrictions-
o These rights are subject to public order, morality, health and other
provisions relating to fundamental rights.
o The State is permitted to regulate or restrict any economic,
financial, political or other secular activity associated with religious
practice.

Freedom to manage religious affairs (Art. 26)


Article 26 (subject to public order, morality, and health) confers a right on
every religious denomination or any section of such religious
denomination of:
 Establishing and maintaining institutions for religious and charitable
purposes;
 Managing its affair with regard to religion;
 Owing and acquiring property (movable and immovable);
 Administering the property in accordance with the law.

Azeez Basha v. Union of India


It was held by the Supreme Court that prior to 1920 there was nothing that
could prevent Muslim minorities from establishing universities. The Aligarh
Muslim University was established under the legislation (Aligarh Muslim
University Act,1920) and therefore cannot claim that the university was
established by the Muslim Community as it was brought into existence by
the central legislation and not by the Muslim minority.
Right to manage its own affairs in the ‘Matters of Religion’
Matter of religion includes religious practices, rituals, observances,
ceremonies, mode and manner of worship, etc., regarded as the essential
and integral part of the religion. For instance, in Acharaj Singh v. State of
Bihar it was held that, if Bhog offered to the deity is a well-established
practice of that religious institution, such a practice should be regarded as a
part of that religion.

Freedom from taxes for promotion of any particular religion (Art. 27)
Article 27 of the Constitution prevents a person from being compelled to
pay any taxes which are meant for the payment of the costs incurred for the
promotion or maintenance of any religion or religious denomination.
This article emphasises the secular character of the state The public money
collected by way of tax cannot be spent by the state for the promotion of
any particular religion
Prohibition of religious instruction in the State-aided Institutions (Art. 28)
Article 28 prohibits:
 Providing religious instructions in any educational institutions that are
maintained wholly out of the state funds.
 The above shall not apply to those educational institutions
administered by the states but established under endowment or trust
requiring religious instruction to be imparted in such institution.
 Any person attending state recognized or state-funded educational
institution is not required to take part in religious instruction or attend
any workshop conducted in such an institution or premises of such
educational institution.
Article 28 mentions four types of educational institutions-
a. Institutions only maintained by the state
b. Institutions recognised by the state
c. Institutions that are receiving aid out of state fund
d. Institutions that are administered by the state, but are established
under any trust or endowment
Teaching of Guru Nanak
In this case, Section 4 of the Guru Nanak University (Amritsar) Act, 1969,
The question arose was that the Guru Nanak University is wholly maintained
out of state funds and Section 4 infringes Article 28. The court rejecting this
held that Section 4 provides for the academic study of the life and teachings
of Guru Nanak and this cannot be considered as religious instruction.

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