Article 25 of Constitution of India – Freedom of conscience and free profession, practice and propagation of religion.
Article 25 of Constitution of India deals with
Original Text of Article 25 of Constitution of India
(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.
Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
Commentary on Article 25 of Constitution of India
Article 25 demonstrate India’s model of Secularism.
Article 25 Constitution allows religious freedom while also enabling the state to regulate or support religious practices when needed—for example, religious subsidies or recognition of personal laws.
But these freedoms are subject to public order, health and morality. If someone disturbs public order, or a religious practice goes against health and morality, the government can interfere. Therefore, the state can interfere when untouchability is practice, or in the matter triple talaq or the caste system.
India’s Model of Secularism
Unlike Western secularism, which advocates a strict separation of religion and state, Indian secularism promotes the idea of equal respect for all religions while allowing state intervention to ensure social justice and equality. However, this distinct approach has led to several challenges and controversies over the years.
Positive Secularism
Positive secularism refers to the model where the religion cannot interfere in the matters of state, but state may intervene when necessary to ensure equality, reform, or protection of individual rights.
Thus, the state maintains a principled distance from all religions, according to Rajeev Bhargava, a prominent Indian political theorist.
This does not imply total separation, but rather active engagement to promote religious harmony and justice.
Thus, while both forms of secularism aim to protect religious freedom, they differ in their approach and interpretation of state-religion interaction, with India’s model emphasizing accommodation and balance, and the Western model emphasizing exclusion and neutrality.
Questions related to Article 25 of Constitution of India
Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion to all individuals. It’s one of the most significant Articles of Indian Constitution protecting religious liberty.
Yes, this right is subject to public order, morality, health, and other provisions of the Constitution of India. The State can regulate secular activities related to religion, as seen in many Indian Kanoon rulings.
Not always. If a religious practice goes against public order or fundamental rights, the courts can restrict it. This balance is often explained in landmark judgments available on Indian Kanoon under Article 25.
Article 25 mainly applies to individual freedom, while Articles 26 to 28 deal more with religious institutions. Still, it forms the foundation of religious rights in the Indian Constitution.
Because it ensures that people of all faiths can live and worship freely, while also allowing the State to step in when needed. It’s a cornerstone of religious harmony under the Constitution of India.
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