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 is not absolute: it operates subject to specified constitutional limitations and permits regulation or reform by the State.

Scope of the guarantee

The guarantee under Article 25(1) is available equally to citizens and non-citizens, protecting both inward freedom of belief and its outward expression.

• The right covers the freedom to profess, practise and propagate religion, but remains subject to the rights of others under Part III.
• Under Explanation I, wearing and carrying the kirpan is included in the profession of the Sikh religion.

Express constitutional limits

Religious freedom is expressly subject to public order, morality and health, as well as the other Fundamental Rights. The State may therefore intervene when religious conduct conflicts with these constitutional requirements.

• 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 constitutional explanation includes Sikhs, Jains and Buddhists within the reference to Hindus.

Judicially clarified limits

Courts distinguish protected religious matters from activities that are secular or not integral to religion. In Shirur Mutt, 1954, the Supreme Court explained that religious protection extends to practices regarded as essential or integral to religion, while secular associated activities remain regulable.

• In Rev. Stainislaus v. State of Madhya Pradesh, 1977, the Supreme Court held that propagation means transmitting or spreading religious tenets, not a fundamental right to convert another person.
• Laws restraining conversion through force, fraud or allurement were upheld as measures connected with public order.