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FREEDOM OF RELIGION.
(Art. 25 to 28)
QUESTION BANK.
Q.1. Discuss the provisions related to "right to freedom of religion".
Q.2. "Art. 25 of the Constitution guarantees the right to freedom of religion to all
persons, even though the Constitution positively stands for secularism",
Comment.
Q. 3. State the scope and extent of the freedom of religion guaranteed under the
Indian Constitution.
Q.4 Explain the scope of ‘Freedom of Religion’ under the Constitution. Nov.04
Q.5 Discuss the ‘Freedom of Religion’ under the Constitution of India. State
restriction on ‘Freedom of Religion’.
Q.6 Explain in brief the provisions which show that the Constitution of India
is embedded to the true spirit of secularism.
SHORT NOTE
1. Right to freedom of religion.
.
2. Concept of secularism.
I.
SECULARISM:-
Art. 25 to 28 confer rights relating to freedom of religion not only on
citizens but also on all persons in India. These Constitutional provisions guarantee
religious freedom not only to individuals but also to ‘religious groups’. India is
a secular State; there is no state or State-sponsored religion, and all religious
groups enjoy the same Constitutional protection without favour or discrimination.
Secularism in India does not mean irreligion like in China. It means respect for all
faiths and religions. The State does not identify itself with any religion.
“Law Master’s Publication”
“Freedom Of Religion”
Prof. Santosh D. Bhosale 77
The court held that- the Constitution postulates in the preamble that India shall
be a secular republic. The rights embodied under Art. 19, 25, 26, and 29 must be
harmonised to ensure that we achieve the goal of a cohesive community (i.e.
secularism). The duty to transcend religious diversities is fundamental.
Secularism is a basic feature of the Indian Constitution.
This topic embodies the principle of secularism enshrined in the preamble.
The following freedoms are guaranteed under Art. 25 to 28 of the Constitution.
II.
FREEDOM TO PROFESS OR PRACTICE RELIGION (ART. 25):-
Art. 25 (1) secures to every person-
a). Freedom of conscience, and
b). Right to freely: -
i. Profess religion;
III. Practice religion; and propagate religion.
The expression 'Freedom of conscience' means the inner freedom of a
person to mold his relations with his God in whatever manner he likes. ‘To profess
a religion’ means to declare one's faith and belief freely and openly. To ‘practice
means to perform prescribed religious duties, rites and rituals. To 'propagate
’
'
means to spread and publicise his religious views. The term 'religion', though not
defined in the Constitution, means a matter of faith and belief.
These rights conferred upon persons are not absolute but subject to
public order, morality, health and other fundamental rights provisions.
Fact—Children belonging to the "Jehova's witnesses" of the Christian community
were expelled from the school for refusing to sing the National Anthem, though
they stood up respectfully when it was being sung. They challenged the validity of
their expulsion on the ground that it violated their fundamental right under Art .25.
The Supreme Court held- that no person can be compelled to sing the National
Anthem if he has a genuine, conscious religious obligation.
But the sacrifice (i.e. slaughter) of cows on Baki-id day was not an essential part
of the Muslim religion; hence, the prohibition of cow slaughter could not violate
IV. FREEDOM TO MANAGE RELIGIOUS AFFAIRS (Art. 26):-
Art. 26 lays down that every religious denomination or a section
1 [AIR 2002 P & H 637].
2 AIR 1987 SC 748
3 Mohd. Hanif Quareshi V. State of Bihar
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“Freedom Of Religion”
Prof. Santosh D. Bhosale 78
thereof has the right –
a. to establish and maintain institutions for religious and charitable purposes
(e.g. educational institutions etc.),
b. to manage its own affairs in matters of religion.
c. to own and acquire movable and immovable property, and-
d. To administer such property in accordance with the law.
This right is subject to public order, morality and health.
A religious denomination:-
V.
While Art. 25 confers the particular right on all persons, Art.26 is confined
to religious denominations or any section thereof. 'Religious denomination' means
“religious sect having a common faith and Organisation and designated by a
distinctive name”. Therefore, the followers of Madhavacharya, the Swetambar sect
of Jains, followers of the Zoroastrian religion, and Dawood Bohras are religious
denominations.
Supreme Court held- that the followers of Ramakrishna, who are a collection of
individuals and who adhere to a system of beliefs as conducive to their spiritual
well-being, have organised themselves collectively and have an organisation of a
definite name as 'Ramakrishna Mission' can be regarded as a religious
denomination within the Hindu religion. Therefore, it satisfies all the tests of
denomination and is entitled to fundamental rights conferred under Art.26.
Therefore, under Art. 26, religious denominations can decide what rites and
ceremonies are essential for their spiritual well-being.
VI. VI. NO TAXATION TO PROMOTE ANY RELIGION (Art. 27): -
Art. 27 provides that ‘no person shall be compelled by the State to pay
any tax for the promotion or maintenance of any particular religion or religious
denomination’. This article emphasises the State's secular character and prohibits
the State from promoting any religion out of public money collected by taxation.
It may be noted that Art. 27 prohibits the tax levy, not the imposition of ‘Fee’.
VII. PROHIBITION OF RELIGIOUS INSTRUCTIONS OR
WORSHIP IN EDUCATIONAL INSTITUTIONS (Art. 28):-
Art. 28 distinguishes between the following three educational institutions,
prohibiting religious instruction or worship. Viz.:-
a. Educational institutions wholly maintained by the State- No religious
instructions or worship can be imparted.
b. Educational institutions which are either recognised by the State or receiving
4 (1995) 4 SCC 646
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“Freedom Of Religion”
Prof. Santosh D. Bhosale 79
aid out of state funds- Religious instruction or worship can be imparted only
with the consent of the students or their guardians.
c. Educational institutions are administered by the State but are established
under any trust or endowment, which requires that religious instructions or
worship be imparted- no restrictions on religious instructions.
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