Articles 25 and 26
Freedom of Religion
Article 25 of the Indian Constitution guarantees to all persons the freedom of conscience and the right to freely profess, practise, and propagate religion, subject to public order, morality, health, and other provisions of Part III. Article 26 grants every religious denomination the right to manage its own affairs in matters of religion, establish and maintain institutions, and manage property. The tension between individual religious freedom (Article 25) and institutional religious autonomy (Article 26) lies at the heart of the Sabarimala dispute.
- Article 25(1): freedom of conscience, right to profess, practise, propagate religion (subject to restrictions)
- Article 25(2)(b): State can make laws for "throwing open Hindu religious institutions of a public character to all classes and sections of Hindus"
- Article 26(b): right of a religious denomination to "manage its own affairs in matters of religion"
- Article 14: right to equality; Article 15: prohibition of discrimination on grounds of sex
- Article 17: abolition of untouchability in all its forms
- Judicial test: "Essential Religious Practices" doctrine (Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar, 1954)
● Tracked since February 16, 2026 · last seen June 28, 2026 · updates as the daily brief publishes
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14 May '26
Sabarimala reference hearing concludes; Supreme Court reserves judgment
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12 May '26
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08 Apr '26
Justice B V Nagarathna: Women cannot be 'untouchables' for 3 days every month
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05 Apr '26
Women's rights & religion: CJI-led 9-J bench includes all faiths, and a woman
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Essential Religious Practices (ERP) Doctrine
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Essential Religious Practices Doctrine
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Essential Religious Practices (ERP) Test
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2018 Sabarimala Judgment
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Constitutional Morality vs. Popular Morality
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Places of Worship (Special Provisions) Act, 1991
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