Article 25 and 26 deal with freedom of religion
Q. Which of the following is/are true regarding freedom of religion?
1) The word Hindus in Article 25 does not include Sikhs, Jains and Buddhists.
2) Article 26 rights are subject to other provisions relating to the Fundamental Rights.- Published on 21 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Neither 1 nor 2
Freedom of Conscience and Free Profession, Practice and Propagation of Religion - - Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.
There is -
1. Freedom of conscience : Inner freedom of an individual to mold his relation with God, etc. in whatever way he desires.
2. Right to profess : Declare one’s religious beliefs and faith openly and freely.
3. Right to practice : Perform religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
4. Right to propagate : Transmission and dissemination of one’s religious beliefs to others or exposition of the tenets of one’s religion.
5. However, it does not include a right to convert another person to one’s own religion.
6. Forcible conversions impinge on the ‘freedom of conscience’ guaranteed to all the persons alike.
- Article 25 covers religious beliefs (doctrines) as well as religious practices (rituals).
- These rights are available to all - citizens as well as non-citizens.
- But, these rights are subject to public order, morality, health and other provisions relating to fundamental rights.
Also, the State can -
1. regulate or restrict any economic, financial, political or other secular activity associated with religious practice; and
2. provide for social welfare and reform or throw open Hindu religious institutions of a public character to all classes and sections of Hindus.
Article 25 also contains two explanations -
1. wearing and carrying of kirpans is to be included in the profession of the Sikh religion; and
2. the Hindus, in this context, include Sikhs, Jains and Buddhists.
- Freedom to Manage Religious Affairs.
According to Article 26, every religious denomination or any of its section shall have the following -
Rights :
1. Right to establish and maintain institutions for religious and charitable purposes;
2. Right to manage its own affairs in matters of religion;
3. Right to own and acquire movable and immovable property; and
4. Right to administer such property in accordance with law.
- Article 25 guarantees rights of individuals, while Article 26 guarantees rights of religious denominations or their sections.
- Article 26 protects collective freedom of religion.
- Article 26 rights are also subject to public order, morality and health but not subject to other provisions relating to the Fundamental Rights.
The Supreme Court held that a religious denomination must satisfy 3 conditions -
1. It should be a collection of individuals who have a system of beliefs (doctrines) which they regard as conductive to their spiritual well-being;
2. It should have a common organization; and
3. It should be designated by a distinctive name.
- Supreme Court said that the ‘Ramakrishna Mission’ and ‘Ananda Marga’ are religious denominations within the Hindu religion.
- It also said that Aurobindo Society is not a religious denomination.
