Freedom of Religion

India's Constitution gives every person the freedom to believe in any religion, to follow it, and to spread its ideas. This set of rights is found in Articles 25 to 28, inside Part III (Fundamental Rights). The freedom is wide but not absolute: the State can limit it for public order, morality and health, and can make laws on the non-religious side of religion and for social reform. Together, these articles are the main way India's secularism works in daily life.

Why does India need this right?

India is home to many religions: Hinduism, Islam, Christianity, Sikhism, Buddhism, Jainism, Zoroastrianism and many tribal faiths. The makers of the Constitution had just seen the violence of Partition. They wanted every citizen, whether from a majority or a minority faith, to feel safe in practising their beliefs. At the same time, they wanted the State to keep the power to end harmful practices like untouchability and to manage temples and trusts fairly. Articles 25 to 28 try to balance these two needs.

What does secularism mean in India?

In the West, secularism usually means a "wall" between the State and religion: the State keeps away from religion completely. Indian secularism is different. Here the State keeps an equal, respectful distance from all religions. It does not have an official religion, and it does not favour or punish any faith. But it can step in to reform religious practices that hurt people's rights.

Experts call this "principled distance". The word "secular" was added to the Preamble by the 42nd Amendment Act, 1976, but the idea was in the Constitution from the start. In S.R. Bommai v. Union of India (1994), the Supreme Court declared secularism a part of the basic structure of the Constitution, which means Parliament cannot remove it even by amendment.

Article 25: freedom of conscience and religion

Article 25(1) says every person is equally entitled to:

• Freedom of conscience: the inner freedom to believe in anything, or in nothing.
• Profess: to openly declare one's faith.
• Practise: to follow rituals, worship and customs.
• Propagate: to spread one's religious ideas to others.

This right belongs to every "person", so even foreigners in India have it. But it is "subject to public order, morality and health" and to the other Fundamental Rights. Article 25(2) also lets the State make laws to:

• (a) regulate or restrict any economic, financial, political or other secular activity linked to religious practice (for example, managing temple money);
• (b) provide for social welfare and reform, and throw open Hindu religious institutions of a public character to all classes and sections of Hindus (this was aimed at ending caste-based bans on temple entry).

Article 25 has two Explanations. Explanation I says wearing and carrying a kirpan (a small sword) is part of the Sikh religion. Explanation II says that in clause 2(b), "Hindus" includes persons professing the Sikh, Jaina or Buddhist religion, and "Hindu religious institutions" is to be read the same way. Some Sikh groups object to this wording, and the Constitution Review Commission (2002) suggested rewording it.

Article 26: freedom of religious groups

Article 25 protects individuals. Article 26 protects groups. Every religious denomination, or any section of it, has the right to:

• set up and maintain institutions for religious and charitable purposes;
• manage its own affairs in matters of religion;
• own and acquire movable and immovable property;
• manage that property according to law.

These rights too are subject to public order, morality and health. A "religious denomination" is a group of people who share a common faith, a common organisation and a distinct name, like the Ramakrishna Mission or a particular math.

Article 27: no tax to promote a religion

No person can be forced to pay any tax whose money is specially used to promote or maintain a particular religion. This keeps public money from being used to favour one faith. A fee charged for a service (like a fee for a temple's pilgrim facilities) is different from a tax, and is allowed.

Article 28: religious instruction in schools

Article 28 has three parts:

• 28(1): No religious instruction can be given in any educational institution wholly maintained out of State funds, like a government school.
• 28(2): This bar does not apply to an institution run by the State but set up under an endowment or trust that requires religious instruction.
• 28(3): In institutions recognised by the State or receiving State aid, religious instruction may be given, but no one can be forced to attend it or join religious worship without consent. For a minor, the guardian must consent.

Does "propagate" include the right to convert?

This is the most debated question under Article 25. In Rev. Stainislaus v. State of Madhya Pradesh (1977), a Constitution Bench of the Supreme Court said "propagate" means to spread or explain the ideas of one's religion. It does not include a right to convert another person. The Court reasoned that if one person tries to convert another, it can interfere with the other person's own "freedom of conscience".

It upheld the Madhya Pradesh Dharma Swatantraya Adhiniyam, 1968 and the Orissa Freedom of Religion Act, 1967, which ban conversion by force, fraud or allurement (temptation, like money or gifts). Note: a person is still free to change their own religion by their own choice. In Shafin Jahan v. Asokan K.M. (2018, the Hadiya case), the Supreme Court said that the choice of faith and of a life partner is part of personal liberty and privacy.

State anti-conversion laws

Since "public order" and "police" are State subjects, many states have passed laws on religious conversion. Odisha (1967) was the first, followed by Madhya Pradesh (1968) and Arunachal Pradesh (1978). Later states include Gujarat, Chhattisgarh, Himachal Pradesh, Jharkhand, Uttarakhand, Uttar Pradesh, Karnataka, Haryana and Rajasthan [Unverified: the exact current list changes often]. These laws usually:

• ban conversion by force, fraud, undue influence or allurement;
• require a person to inform the District Magistrate before or after converting;
• give higher punishment when the person converted is a minor, a woman, or from a Scheduled Caste or Scheduled Tribe.

Uttar Pradesh's 2021 law was amended in July 2024 to raise the maximum punishment to life imprisonment for some offences and to let any person file a complaint. Several of these laws are under challenge in the Supreme Court.

How do courts decide what religion protects?

The courts use the essential religious practices test. It started in Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954), decided by a seven-judge bench. The Court said religion includes not only beliefs but also rituals and practices that are an essential part of it, and the State cannot interfere with those. But practices that are not essential, or that are really economic or political, can be regulated. Later cases applied this test:

• Bijoe Emmanuel v. State of Kerala (1986): Jehovah's Witness students could not be expelled for standing respectfully but not singing the national anthem, because it went against their faith.
• Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association (2000): no religion requires prayers to be said through loudspeakers or drums that disturb others. So limits on noise from places of worship do not break Articles 25 and 26, because these rights are subject to public order, morality and health.
• Shayara Bano v. Union of India (2017): instant triple talaq was set aside.
• Indian Young Lawyers Association v. State of Kerala (2018, Sabarimala): the ban on women aged 10 to 50 entering the temple was struck down. Review petitions led to a reference to a nine-judge bench, which heard the matter from April 2026 and reserved its judgment in May 2026.

Commonly confused concepts

• Article 25 vs Article 26: Article 25 is an individual right ("all persons"). Article 26 is a group right ("every religious denomination").
• Article 25 vs Article 30: Article 30 gives religious and linguistic minorities the right to set up and run educational institutions. Article 26 lets any religious denomination (majority or minority) set up religious and charitable institutions.
• Article 28(1) vs 28(3): In fully State-funded institutions, religious instruction is banned. In State-aided or recognised ones, it is allowed but attendance must be voluntary.
• Tax vs fee under Article 27: A tax to promote a religion is banned; a fee for a specific service is allowed.
• Propagate vs convert: Spreading one's faith is protected; converting others by force, fraud or allurement is not.
• Changing one's own faith vs converting others: A person's own free choice to change faith is protected as part of conscience and privacy.

Issues, criticism and the way forward

• Anti-conversion laws: Supporters say they protect poor and vulnerable people from being pressured or bribed into changing faith, and maintain public order. Critics say vague words like "allurement" and the duty to inform the District Magistrate can discourage genuine, voluntary conversions and invade privacy.
• The essential practices test: Critics say it makes judges decide religious questions, which they may not be experts in. Others say it is needed so that harmful practices are not shielded in the name of religion. The nine-judge bench is expected to settle how far courts can go.
• State control of temples: Many states manage Hindu temples through endowment boards, while institutions of other faiths are managed differently. Some argue this is unequal; others say it is needed for transparency and reform.
• Way forward: Clearer and narrower definitions in conversion laws, strong protection of individual choice, and a consistent judicial test would help balance freedom of religion, public order and social reform.

Concepts to Know

• Fundamental Rights: Basic rights given in Part III of the Constitution (Articles 12 to 35). A person can go directly to the Supreme Court (Article 32) or a High Court (Article 226) if they are violated.
• Public order: Peace and safety in society at large, not just a small quarrel between two people. It is one of the grounds on which religious freedom can be limited.
• Religious denomination: A group of people with a common faith, a common organisation and a distinct name.
• Basic structure: The core features of the Constitution that Parliament cannot destroy even by amendment (Kesavananda Bharati, 1973).
• Allurement: Offering something tempting, like money, a job or free education, to make someone change their religion.
• Constitution Bench: A Supreme Court bench of five or more judges that decides important questions about the meaning of the Constitution.