Right to Freedom of Religion :
With Article 25 begins a group of provisions ensuring equality of all religions thereby promoting secularism.
Freedom of conscience and free profession, practice and propagation of religion.
Article 25 gives to every person the:
(i) freedom of conscience, and
(ii) the right freely to profess, practice and propagate religion.
But this freedom is subject to restrictions imposed by the State on the following grounds:
(i) public order, morality and health,
(ii) other provisions in Part III of the Constitution,
(iii) any law regulating or restricting any economic, financial political or other secular activity which may be associated with religious practice, and
(iv) any law providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
The Supreme Court in State of Karnataka v. Dr. Praveen Bhai Thogadia, (2004) 9 SCC 684, held that secularism means that State should have no religion of its own and each person, whatever his religion, must get an assurance from the State that he has the protection of law to freely profess, practise and propagate his religion and freedom of conscience.
The freedom of religion conferred by the present Article is not confined to the citizens of India but extends to all persons including aliens and individuals exercising their rights individually or through institutions (Ratilal v. State of Bombay, (1954) SCR 105, Stanslaus v. State, AIR 1975 M. 163).
The term ‘Hindu’ here includes person professing the Sikh, Jain, or Buddhist religion also and accordingly the term ‘Hindu religious institutions’ also includes the institutions belonging to these religions. Special right has been accorded to the Sikhs to wear kirpan as part of professing their religion.
(a) The Concept of Religion
Our Constitution does not define the word religion. Religion is certainly a matter of faith with individuals or communities and it is not necessarily theistic — There are well-known religions in India like Buddhism and Jainism which do not believe in God or in any Intelligent First Cause. A religion undoubtedly has its basis in any system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual well being, but it would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its follower to accept, it might prescribe rituals and observances, ceremonies and modes or worship which are regarded as integral parts of religion and those forms and observances might extend even to matters of food and dress (Justice Mukherjee in Commr. of H.R.E., Madras v. Sirur Mutt, A.I.R. 1954 S.C. 282).
(b) Freedom to manage religious affairs
Although no clear cut distinction is possible, yet it may be said that while Article 25 discussed above protects the religious freedom of individuals. Article 26, deals with the collective rights of religious denominations. Here the question may be raised as to what is a religious denomination? In the words of our Supreme Court:
However, a religious denomination is not a ‘citizen’. Now coming to the provisions of Article 26, it grants to every religious denomination or any sect thereof the right –
(i) to establish and maintain institutions of religious and charitable purposes;
(ii) to manage its own affairs in matters of religion;
(iii) to own and acquire movable and immovable property; and
(iv) to administer such property in accordance with law.
All these rights are subject to public order, morality and health, and, therefore, if they conflict then the right will give way to these exceptions. One more exception may be noted. A denomination’s right to manage its own affairs in matters of religion is subject to the State’s power to throw open Hindu religious institutions of a public nature to all classes or sections of Hindus covered in Article 25.
(c) Freedom as to payment of tax for the promotion of any particular religion
According to Article 27, no person can be compelled to pay any taxes, the proceeds of which are specially appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. It is notable that freedom not to pay taxes is only with respect to those taxes the proceeds of which are specially appropriated in payment of expenses for the promotion or maintenance of any particular religion or denomination.
(d) Freedom as to attendance at religious instruction or religious worship in educational institutions
Article 28 prohibits religious instruction in certain educational institutions and gives freedom to a person to participate in such religious instructions. The Article states that—
(i) No religious instruction can be provided in any educational instituion wholly maintained out of State funds. However, this prohibiton does not extend to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.
(ii) No person attending an educational institution recognised by the State or receiving aid out of State funds cannot be required:
(a) to take part in any religious instruction that may be imparted in such institution; or
(b) to attend any religious worship that may be conducted in such institution or any premises attached thereto,
unless such person or if such person is a minor, his guardian has given his consent thereto. It may, however, be noted that although person can be compelled to take religious instructions or attend worship, without his consent, yet at the same time such person is not entitled to perform any religious ceremony or worship which is contrary to the tenets of that educational institution (Sanjib v. St. Paul’s College, 61 C.W.N. 71).