Right to Freedom of Religion (Articles 25–28)
Indian Polity › Fundamental Rights · Topic 6.6
Articles 25 to 28 guarantee freedom of conscience and the right to profess, practise and propagate religion, the rights of religious denominations to manage their affairs, freedom from taxes for any religion, and freedom from compulsory religious instruction.
6 min read · UPSC Prelims · Polity · Fundamental Rights
At a Glance
- What it is The rights of conscience and religion for individuals and denominations, with limits that keep the State neutral
- Articles Articles 25, 26, 27 and 28
- Available to All persons, citizens and non-citizens
- Limits Public order, morality and health; Article 25 also other Fundamental Rights
- Exam link UPSC Prelims, Polity: Fundamental Rights
Where Does It Fit?
This is the sixth topic of the category on Fundamental Rights. The Constitution describes the State as secular, and Articles 25 to 28 give the content: individual freedom of religion, the collective rights of denominations and the neutrality of the State in taxes and education.
Article 25: Freedom of Conscience and Religion
Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practise and propagate religion.
| Term | Meaning |
|---|---|
| Freedom of conscience | Inner freedom of an individual to mould his or her relation with God or creatures in any way |
| Right to profess | Declaration of one’s religious beliefs and faith openly and freely |
| Right to practise | Performance of worship, rituals and ceremonies and exhibition of beliefs |
| Right to propagate | Transmission of one’s beliefs to others or exposition of its tenets; it does not include a right to convert another person, and forcible conversion impinges on freedom of conscience |
Article 25 covers not only religious beliefs (doctrines) but also religious practices (rituals). The rights are subject to public order, morality, health and other provisions on the Fundamental Rights. The State may regulate or restrict any economic, financial, political or other secular activity associated with religious practice, and may provide for social welfare and reform or throw open Hindu religious institutions of a public character to all classes and sections of Hindus. Two explanations: wearing and carrying of kirpans is included in the profession of the Sikh religion, and Hindus include Sikhs, Jains and Buddhists.
Article 26: Freedom to Manage Religious Affairs
Every religious denomination or any section of it has the right to establish and maintain institutions for religious and charitable purposes; to manage its own affairs in matters of religion; to own and acquire movable and immovable property; and to administer such property in accordance with law. Article 25 guarantees the rights of individuals, while Article 26 guarantees the rights of denominations; it protects collective freedom of religion. Like Article 25, Article 26 is subject to public order, morality and health, but it is not subject to other provisions on Fundamental Rights.
The Supreme Court held that a religious denomination must satisfy three conditions: it should be a collection of individuals with a system of beliefs they regard as conducive to their spiritual well-being; it should have a common organisation; and it should have a distinctive name. On this basis the Court held that the Ramakrishna Mission and Ananda Marga are religious denominations within the Hindu religion, and that the Aurobindo Society is not.
Article 27: No Tax for Promotion of a Religion
No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination. The State should not spend public money collected through tax to promote or maintain any one religion, which prohibits it from favouring one religion over another. Taxes can be used for the promotion or maintenance of all religions. The Article prohibits only a tax and not a fee, since the purpose of a fee is to control secular administration of religious institutions and not to promote religion. A fee can therefore be levied on pilgrims for special services or safety measures, and on religious endowments to meet regulation expenses.
Article 28: Freedom From Attending Religious Instruction
Article 28 distinguishes four types of educational institutions.
| Type of institution | Religious instruction |
|---|---|
| Wholly maintained out of State funds | Completely prohibited |
| Administered by the State but established under an endowment or trust requiring religious instruction | Permitted |
| Recognised by the State | Permitted on a voluntary basis |
| Receiving aid out of State funds | Permitted on a voluntary basis |
No person attending a recognised or aided institution can be required to attend religious instruction or worship without consent; in the case of a minor, the guardian’s consent is needed.
Why Is This Topic Important?
- Secular state in practice These Articles give the secular character its legal content
- Individual and collective rights The difference between Articles 25 and 26 is a staple question
- Frequent Prelims facts Propagation, denominations, tax versus fee and the four institutions
What Came Next?
The next topic covers the Cultural and Educational Rights under Articles 29 and 30.
Key People and Terms
- Freedom of conscience Inner freedom to shape one’s relationship with God
- Propagation Spreading one’s beliefs, but not converting others
- Religious denomination A group with beliefs, a common organisation and a distinctive name
- Tax and fee A tax for promoting religion is barred; a fee for secular regulation is not
- Kirpan The Sikh article of faith covered by an explanation in Article 25
Exam Corner
Points to Remember
- Article 25: individuals; Article 26: denominations.
- Denomination test: beliefs, common organisation, distinctive name.
- Article 27 bars a tax but not a fee.
- Article 28: religious instruction prohibited in wholly State-maintained institutions.
Do Not Confuse With
- Article 25 and Article 26 Individual freedom versus collective freedom of a denomination
- Tax and fee Only a tax for promoting religion is barred
- Propagate and convert The right to propagate does not include conversion of others
- Recognised and aided institutions Both allow only voluntary religious instruction
Memory Hook
Twenty-five for me, twenty-six for us, twenty-seven for tax, twenty-eight for schools.
Mains Angle
Questions on this topic usually ask about secularism and the limits of religious freedom. Use these points to add depth.
- Belief and practice Article 25 protects both doctrines and rituals
- State regulation Secular activity linked to religion can be regulated, and social reform is allowed
- Neutrality of the State Articles 27 and 28 keep public funds and State schools neutral
- Collective rights Article 26 protects denominations, but subject to public order, morality and health
A Question You May Face
An original practice question, not a past paper question.
“Examine the scope and limits of freedom of religion under Articles 25 to 28.”
How to Answer
- Introduction Secular State and the four Articles.
- Individual and group rights Articles 25 and 26 with limits.
- State neutrality Articles 27 and 28.
- Conclusion Balance of freedom, order and equality.
GS Relevance
Frequently Asked Questions
What does Article 25 guarantee?
Article 25 guarantees to all persons equal freedom of conscience and the right to freely profess, practise and propagate religion. It covers beliefs as well as rituals, and is subject to public order, morality, health and other Fundamental Rights.
Does the right to propagate include conversion?
No. The right to propagate means transmitting or spreading one’s religious beliefs, or exposing its tenets, but it does not include a right to convert another person. Forcible conversions impinge on the freedom of conscience guaranteed to all persons alike.
What is the difference between Articles 25 and 26?
Article 25 guarantees the rights of individuals, while Article 26 guarantees the rights of religious denominations or their sections. Article 26 protects collective freedom of religion, and it is subject to public order, morality and health but not to other Fundamental Rights.
What is a religious denomination?
According to the Supreme Court, a religious denomination is a collection of individuals with a system of beliefs conducive to their spiritual well-being, a common organisation, and a distinctive name. The Ramakrishna Mission and Ananda Marga qualify; the Aurobindo Society does not.
Does Article 27 bar all payments to religious institutions?
No. Article 27 bars compelling a person to pay a tax for the promotion or maintenance of any particular religion. It does not bar a fee, because a fee is meant to control secular administration, for example a fee on pilgrims for special services.
What does Article 28 say about religious instruction?
No religious instruction can be given in an institution wholly maintained out of State funds. In institutions recognised by the State or receiving State aid, religious instruction is allowed only if the person attending, or the guardian of a minor, consents.
PYQ Practice — Statement Analysis
1 Article 26 protects the collective freedom of a religious denomination.
Article 25 protects individuals.
2 The right to propagate under Article 25 includes the right to convert another person.
It does not include a right to convert.
3 Article 27 prohibits the levy of a fee on pilgrims for services.
It prohibits only a tax for promotion of a religion, not a fee.
4 Religious instruction is completely prohibited in institutions wholly maintained by the State.
Article 28 draws this distinction.
5 Under Article 25, Hindus include Sikhs, Jains and Buddhists.
This is one of the two explanations in Article 25.
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