Introduction
- Article 25 is the core constitutional provision on freedom of religion in India. It guarantees freedom of conscience and the right freely to profess, practise and propagate religion.
- It is part of the Right to Freedom of Religion under Part III of the Constitution.
Exact constitutional text
- Article 25(1) says that, subject to public order, morality and health and to the other provisions of Part III, all persons are equally entitled to:
- freedom of conscience
- the right freely to profess religion
- the right freely to practise religion
- the right freely to propagate religion.
To whom it applies
- Article 25 applies to all persons, not just citizens.
- So its protection extends to citizens as well as non-citizens within India.
Freedom of conscience
- Freedom of conscience means the inner freedom to hold, reject, or change one’s beliefs. It protects the individual’s mental and moral choice in matters of religion. This understanding follows from the constitutional phrase itself and the standard interpretation of conscience as an inner domain of belief.
Profession of religion
- To profess religion means to openly declare or affirm one’s religious faith.
Practice of religion
- To practise religion means to perform religious acts, observances, worship, and rituals connected with one’s faith.
Propagation of religion
- To propagate religion means to spread or communicate one’s religious beliefs to others.
- But Article 25 does not protect forced or fraudulent conversion; the constitutional text guarantees propagation, while the debates and later interpretation distinguish that from coercion.
Limitations on the right
- Article 25 is not absolute. It is subject to:
- public order
- morality
- health
- other provisions of Part III.
- This means religious liberty cannot override the larger constitutional framework.
Subject to other Fundamental Rights
- Article 25 is expressly made subject to the other provisions of Part III, which means it must operate consistently with other Fundamental Rights.
- This is why conflicts between religion and equality, dignity, or liberty are often examined constitutionally rather than treating religion as an unrestricted sphere.
Article 25(2)
- Article 25(2) says that nothing in Article 25 prevents the State from making laws:
- regulating or restricting economic, financial, political, or other secular activity associated with religious practice
- providing for social welfare and reform
- throwing open Hindu religious institutions of a public character to all classes and sections of Hindus.
Secular activities associated with religion
- The Constitution distinguishes between religious freedom and secular activities associated with religion.
- So the State can regulate the non-religious, administrative, financial, or political aspects linked to religion without automatically violating Article 25.
Social welfare and reform
- Article 25 explicitly allows the State to make laws for social welfare and reform.
- This shows that the Constitution protects religion, but not at the cost of blocking reform or preserving exclusionary practices indefinitely.
Opening Hindu religious institutions
- Article 25(2)(b) permits laws for throwing open Hindu religious institutions of a public character to all classes and sections of Hindus.
- This reflects the Constitution’s anti-exclusion and reformist intent within the freedom-of-religion framework.
Explanation I: Kirpan
- Explanation I to Article 25 states that the wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
- This gives explicit constitutional recognition to that Sikh religious practice.
Explanation II: Hindus includes Sikhs, Jains, Buddhists
- Explanation II says that, in Article 25(2)(b), the reference to Hindus includes persons professing the Sikh, Jaina, or Buddhist religion, and the reference to Hindu religious institutions is to be understood accordingly.
Relation with Article 26
- Article 25 mainly protects the individual’s religious freedom.
- Article 26, by contrast, deals more with the rights of religious denominations to manage religious affairs.
Why Article 25 is important
- Article 25 is important because it combines:
- protection of personal religious freedom
- recognition of pluralism
- constitutional limits for public order and reform
- the State’s power to regulate secular aspects of religion.
- It is therefore one of the key provisions through which India’s constitutional model of religious freedom within a secular state operates.
Key points to remember
- Article 25 guarantees:
- freedom of conscience
- profession of religion
- practice of religion
- propagation of religion.
- It applies to all persons.
- It is subject to:
- public order
- morality
- health
- other Fundamental Rights.
- The State can regulate secular activities associated with religion and make laws for social welfare and reform.
- Carrying the kirpan is expressly protected as part of the profession of the Sikh religion.
Conclusion
- Article 25 is the foundational guarantee of religious freedom in India. Its importance lies in protecting belief and religious expression while also allowing the State to maintain public order, pursue reform, and regulate secular aspects of religious life.