Freedom of Religion under Article 25

Article 25 guarantees every person freedom of conscience and the right freely to profess, practise and propagate religion. This freedom of religion is not absolute: it is subject to public order, morality, health and the other Fundamental Rights, while specified secular activities and social reform remain open to State regulation.

Scope of the guarantee

The guarantee under Article 25(1) is available to citizens and non-citizens. It protects inward freedom of conscience as well as the outward profession, practice and propagation of religion.

• The right to propagate means communicating or spreading the tenets of one's religion.
• Under Explanation I, wearing and carrying the kirpan is included in the profession of the Sikh religion.

Constitutional limits and State regulation

Religious freedom is expressly subject to public order, morality and health, and to the other provisions of Part III.

• Under Article 25(2)(a), the State may regulate economic, financial, political or other secular activities associated with religious practice.
• Under Article 25(2)(b), the State may legislate for social welfare and reform, including opening Hindu religious institutions of a public character to all classes and sections of Hindus.
• For Article 25(2)(b), the reference to Hindus includes Sikhs, Jains and Buddhists.

Judicial interpretation

In Shirur Mutt, 1954, the Supreme Court explained that constitutional protection extends to practices regarded as essential or integral to religion, while associated secular activities may be regulated.

• In Rev. Stainislaus v. State of Madhya Pradesh, 1977, the Court distinguished propagation from conversion: propagation is the transmission or spread of religious tenets, but Article 25 does not confer a fundamental right to convert another person.
• The Court reasoned that a right to convert another would impinge upon that person's freedom of conscience, which Article 25 equally protects.
• It upheld laws restraining conversion by force, fraud or allurement as measures connected with public order.