📜 Text of Article 25 (1) & (2)
(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, practise 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: Reference to Hindus includes Sikh, Jains and Buddhist religion.
⚖️ Core essence — what Article 25 guarantees?
✅ Freedom of conscience (inner belief) and right to profess, practise, propagate religion — but subject to public order, morality, health and other fundamental rights. It balances individual religious freedom with social interest. Article 25 covers all persons (citizens + non-citizens) and protects essential religious practices, though the State can regulate secular activities associated with religion.
🕊️ Scope & Protection
- Freedom of conscience — absolute inner belief
- Right to profess (public declaration)
- Right to practise (rituals, worship, ceremonies)
- Right to propagate (spread religious tenets)
- Extends to religious denominations under Art. 26 subject to limitations
- Includes Sikhs, Jains, Buddhists under Hindu reference
⚠️ Reasonable Restrictions
- Public order: Cannot cause breach of peace
- Morality & Health: Socially harmful practices excluded
- State regulation: Economic, financial, secular activities tied to religion
- Social reform: Allows laws throwing open Hindu temples to all (Art. 25(2)(b))
- Examples: Ban on animal sacrifice if violates law, regulating temple management
🏛️ Landmark Supreme Court Judgments on Article 25
- Shirur Mutt case (1954): “Religion is a matter of faith & belief — essential practices test” — doctrine of essential religious practice originated.
- Bijoe Emmanuel v. State of Kerala (1986): Children of Jehovah’s Witnesses not forced to sing national anthem — freedom of conscience upheld under Art. 25.
- Sabarimala Case (2018): Entry of women into Sabarimala temple — majority held that restricting women amounted to discrimination, overriding religious custom under Art. 25 & 17.
- Indian Young Lawyers Association v. State of Kerala: Constitutional morality overrides religious patriarchy; essential practice test refined.
- St. Stephens College v. University of Delhi (1992): Minority rights interplay with Art. 25 & 30.
- Mohd. Hanif Quareshi v. State of Bihar: Ban on cow slaughter upheld as public health & economic welfare, Art. 25 not absolute.
🔍 Judicial interpretation consistently reinforces that Article 25 is a cornerstone of India's secularism — rights are subject to social harmony and reform.
🔗 Related Constitutional Provisions
Article 26 (Freedom to manage religious affairs), Article 27 (Freedom from taxation for promotion of religion), Article 28 (Freedom from religious instruction in state-funded institutions), Article 29-30 (cultural & educational rights). Together they shape India's secular framework.
🛡️ Secularism & Article 25
The 42nd Amendment inserted "Secular" in Preamble. Article 25 embodies positive secularism — equal respect for all religions (Sarva Dharma Sambhav). The state neither promotes nor impedes any religion, but regulates secular aspects for social justice.
💡 Frequently Asked Questions (FAQ)
1. Does Article 25 give unrestricted right to convert?
No. Right to propagate does not include forcible conversions. Several states have anti-conversion laws (Freedom of Religion Acts) that regulate conversion from one religion to another by misrepresentation, force or allurement — courts have upheld such laws as valid restrictions.
2. Can a religious practice be banned if it violates public order?
Yes. The Supreme Court has held that practices like sacrificing animals in public spaces causing nuisance, or practices that disturb public peace can be restricted under Art. 25(1) using ‘public order’.
3. Are Sikhs, Jains, Buddhists covered under Hindu references?
Absolutely. Explanation II to Article 25 clarifies that Hindus shall be construed as including Sikhs, Jains, and Buddhists for the purpose of temple access, social reform, and related provisions.
4. Does Article 25 apply to foreigners?
Yes. The article says "all persons" — thus, even non-citizens enjoy freedom of conscience and religious practice subject to same restrictions.