Article 25 of the Constitution guarantees freedom of conscience and the right to freely profess, practice, and propagate religion for all individuals. The key implications of this article are:
- Freedom of Conscience: This is the inner freedom of an individual to shape their relationship with God or a higher power in any manner they choose.
- Right to Profess: This involves the open declaration of one's religious beliefs and faith.
- Right to Practice: This encompasses performing religious worship, rituals, ceremonies, and expressing beliefs and ideas.
- Right to Propagate: This refers to sharing and spreading one's religious beliefs with others or explaining the principles of one's religion. However, it does not include the right to forcibly convert others to one's own religion, as that would violate the freedom of conscience guaranteed to everyone.
Article 26 of the Constitution provides certain rights to religious denominations or any of their sections. These rights include:
- Right to Establish and Maintain Institutions
- Right to Manage Religious Affairs
- Right to Own and Acquire Property
- Right to Administer Property
Article 25 guarantees the rights of individuals to freedom of religion, while Article 26 ensures the rights of religious denominations or their sections. This article protects the collective freedom of religion. Both Article 25 and Article 26 are subject to considerations of public order, morality, and health, but are not limited by other Fundamental Rights provisions.
Article 27 of the Constitution provides freedom from taxation for the promotion of a particular religion. This means that:
- No Tax for Promoting a Religion: No person should be forced to pay taxes that would be used for promoting or maintaining a specific religion or religious group.
- No Favoritism: The State should not use public funds from taxes to favor one religion over another.
- Taxes Can Be Used for All Religions: While taxes cannot be used to promote a specific religion, they can be used for the promotion of all religions equally.
- Fee Collection is Allowed: While the collection of taxes for religious promotion is prohibited, the collection of fees for secular administration of religious institutions is allowed. These fees are used for purposes such as providing special services to pilgrims or ensuring safety measures.
Article 28 of the Constitution outlines the freedom from attending religious instruction in educational institutions. Here are the key points:
- No Religious Instruction in State-Funded Institutions: Any educational institution that is entirely maintained by the State cannot provide religious instruction.
- Exception for Endowment or Trust Institutions: State-administered educational institutions that were established through an endowment or trust that requires religious instruction are an exception to the rule.
- Voluntary Attendance: In educational institutions recognized by the State or receiving aid from the State, religious instruction or worship is not mandatory. Students are not required to attend without their consent, or, in the case of minors, without the consent of their guardians.
Article 28 categorizes educational institutions into four types:
- State-Funded Institutions: Religious instruction is not allowed in institutions that are wholly maintained by the State.
- State-Administered Institutions: Religious instruction is allowed in State-administered institutions that were established under any endowment or trust.
- Recognized Institutions: In institutions recognized by the State, religious instruction is voluntary and requires consent.
- State-Aided Institutions: In institutions receiving aid from the State, religious instruction is also voluntary and requires consent.
