Right to Freedom of Religion (Article 25 - 28)

The term secularism was added to the Constitution (in the Preamble) through the 42nd Amendment (1976). What is meant by secularism?

• India does not have an official religion.

• India does not promote any religion.

• All religions should be respected equally.

• Citizens have the right to freedom of religion.

• There should be no discrimination on the basis of religion adopted by a citizen.

ARTICLE 25 - Freedom of conscience and free profession, practice and propagation of religion

Freedom to believe in, practice, propagate and teach any religion freely (Article 25(1)). This right is allowed to citizens and foreigners. Under this article, social welfare is ensured and public Hindu religious institutions are opened to all Hindus.

ARTICLE 26 - Freedom to manage religious affairs

Freedom of religious communities to establish and manage religious charitable institutions. The article gives the right to decide on religious practices to respective religions.

ARTICLE 27 - Freedom as to payment of taxes for promotion of any particular religion

No person shall be compelled to pay any tax for the propagation or maintenance of any religion or sect. However, there shall be no prohibition on charging fees for the provision of certain services or facilities to pilgrims. Fees may also be charged for religious gatherings at a reasonable rate.

ARTICLE 28 - Freedom as to attendance at religious instruction or religious worship in certain educational institutions

• Article 28(1) - Religious observances shall not be performed or religious observances shall not be made compulsory in educational institutions run by the Government.

• Article 28(2) - Freedom to carry out religious instruction and religious worship in educational institutions run by the State but established under any endowment or trust requiring the institution to provide religious instruction.

• Article 28(3) - Every student shall have the right not to attend religious instruction in any educational institution run by the State. If the child is a minor, the child shall be admitted to religious instruction classes only with the consent of his/her parent.

Educational institutions are divided into four categories according to their mode of operation.

• A - Those wholly under the control of the state

• B - Those under the control of the state but established under any endowment or trust.

• C - Those recognized by the state

• D - Those receiving financial assistance from the state.

In this, religious instruction is completely prohibited in category 'A'. Religious instruction is permitted in category 'B'. Religious instruction is permitted voluntarily in categories 'C' and 'D'.