Right to Freedom of Religion – Article 25-28 The Constitution of India

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ArticleKey Points
25– Freedom to practice, profess, and propagate religion.
– Subject to public order, morality, and health.
– State can regulate secular activities and enforce social reform.
26– Religious groups can manage their own affairs.
– Right to establish institutions and own property.
27– No forced taxation for promoting any specific religion.
28– No religious instruction in state-funded schools.
– Exceptions for trust-based institutions and voluntary participation.

Article 25: Freedom of conscience and free profession, practice, and propagation of religion

  1. Subject to public order, morality, and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice, and propagate religion.
  2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law: a. Regulating or restricting any economic, financial, political, or other secular activity which may be associated with religious practice; b. 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.

Article 26: Freedom to manage religious affairs : Right to Freedom of Religion

Subject to public order, morality, and health, every religious denomination or any section thereof shall have the right: a. To establish and maintain institutions for religious and charitable purposes; b. To manage its own affairs in matters of religion; c. To own and acquire movable and immovable property; and d. To administer such property in accordance with the law.

Article 27: Freedom as to payment of taxes for promotion of any particular religion : Right to Freedom of Religion

No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

  1. No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
  2. Nothing in clause (1) shall apply 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.
  3. No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

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