RIGHT TO FREEDOM OF RELIGION: ARTICLE- 25-28

• Freedom of Conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires.
• Right to Profess: Declaration of one’s religious beliefs and faith openly and freely.
• Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
• Right to Propagate: Transmission and dissemination of one’s religious beliefs to others or exposition of the tenets of one’s religion. 
  • Right to propagate does not include a right to convert another person to one’s own religion. 
  • Forcible conversions impinge on the ‘freedom of conscience’ guaranteed to all persons alike.
• Article 25 Covers: Religious beliefs (doctrines) and religious practices (rituals).
• Article 25 also contains two explanations:
• Wearing and carrying of kirpans is to be included in the profession of the Sikh religion;
• Hindus include Sikhs, Jains and Buddhists.
• Available to all persons, citizens as well as non-citizens.
• Exceptions: Public order + Morality + Health + Other provisions relating to fundamental rights.

• Every religious denomination or any of its sections shall have the following rights:
  • Right to establish and maintain institutions for religious and charitable purposes.
  • Right to manage its own affairs in matters of religion.
  • Right to own and acquire movable and immovable property.
  • Right to administer such property in accordance with law.
• Difference Between Art 25 and 26: Article 25 guarantees the rights of individuals, while Article 26 guarantees the rights of religious denominations or their sections, thus protecting the collective freedom of religion. 
• Restrictions: Article 26 is subject to public order, morality and health but not subject to other provisions relating to fundamental rights. 
• Criteria for Denomination: The Supreme Court held that religious denominations must satisfy three conditions: 

• • It should be a collection of beliefs (doctrines) that they regard as conducive to their spiritual well-being.
  • It should have a common organization.
  • It should be designated by a distinctive name.

No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.

• State Neutrality in Religion: Provision prohibits the state from favouring, patronizing and supporting one religion over the other.
• Neutrality in Taxation: Taxes can be used for the promotion or maintenance of all religions and not any particular religion.
• Taxation Prohibition and Fee Levy: Provision prohibits only the levy of a tax and not a fee.
  • Fee can be levied on religious endowments for meeting the regulation expenditure.

No religious instruction shall be provided in any educational institution wholly maintained out of state funds.

• • Exemption for Religious Instruction: Not applicable to educational institutions administered by the state but established under any endowment or trust, requiring imparting of religious instruction in such institutions.
  • Religious Instruction Consent: No person attending any educational institution recognized by the state or receiving aid out of state funds shall be required to attend any religious instruction or worship in that institution without his/her consent. (Recongnised and Receiving aid)
• Classification of Institution: Article 28 distinguishes four types of educational institutions:
• Institution wholly maintained by the state: Completely prohibited.
• Institution administered by the state but established under any endowment or trust – religious instruction is permitted.
• Institution recognised by state – permitted on a voluntary basis.
• Institution receiving aid from the state – permitted on a voluntary basis.