CONSTITUION

AL LAW
FREEDOM OF REILGION
ARTICLE 25 TO 28
Submitted To: Dr.Shruti Bedi
Submitted By: Manbani Kaur Ohri
Roll Number: 182/13
Semester: 4th
Section: A
Acknowledgment

Table of Content

The Constitution of India 1949

Article 25
25. Freedom of conscience and free profession, practice and propagation
of religion
(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 In sub
clause (b) of clause 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

Article 26
26. Freedom to manage religious affairs Subject to public order, morality
and health, every religious denomination or any section thereof shall have
the right
(a) to establish and maintain institutions for religious and charitable
purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law

Article 27
27. Freedom as to payment of taxes for promotion of any particular
religion No person shall be compelled to pay any taxes, the proceeds of
which are specifically appropriated in payment of expenses for the

promotion or maintenance of any particular religion or religious

denomination1

Article 28
28. Freedom as to attendance at religious instruction or religious worship
in certain educational institutions
(1) No religion instruction shall be provided in any educational institution
wholly maintained out of State funds
(2) Nothing in clause ( 1 ) shall apply to an educational institution which is
administered by the State but has been established under any
endowment or trust which requires that religious instruction shall be
imparted in such institution
(3) No person attending any educational institution recognised by the
State or receiving aid out of State funds shall be required to take part in
any religious instruction that may be imparted in such institution or to
attend any religious worship that may be conducted in such institution or
in any premises attached thereto unless such person or, if such person is
a minor, his guardian has given his consent thereto Cultural and
Educational Rights

India as a Secular Nation

Secularism in India means equal treatment of all religions by the state.
Unlike the Western concept of secularism which envisions a separation of
religion and state, the concept of secularism in India envisions acceptance
of religious laws as binding on the state, and equal participation of state in
different religions.
With the 42nd Amendment of the Constitution of India enacted in
1976, the Preamble to the Constitution asserted that India is a secular
nation. However, neither India's constitution nor its laws define the
relationship between religion and state. The laws implicitly require the
state and its institutions to recognize and accept all religions, enforce
religious laws instead of parliamentary laws, and
respect pluralism. India does not have an official state religion. The people
of India have freedom of religion, and the state treats all individuals as
equal citizens regardless of their religion. In matters of law in modern
India, however, the applicable code of law is unequal, and India's personal
laws - on matters such as marriage, divorce, inheritance, alimony - varies
with an individual's religion. Muslim Indians have Sharia-based Muslim
1 Bare Act ,the constitution of India
4

Personal Law, while Hindus, Christians, Sikhs and other non-Muslim

Indians live under common law. The attempt to respect unequal, religious
law has created a number of issues in India such as acceptability of child
marriage,polygamy, unequal inheritance rights, extrajudicial unilateral
divorce rights favorable to some males, and conflicting interpretations of
religious books.
Secularism as practiced in India, with its marked differences with Western
practice of secularism, is a controversial topic in India. Supporters of the
Indian concept of secularism claim it respects Muslim mens religious
rights and recognizes that they are culturally different from Indians of
other religions. Supporters of this form of secularism claim that any
attempt to introduce a uniform civil code, that is equal laws for every
citizen irrespective of his or her religion, would impose majoritarian Hindu
sensibilities and ideals, something that is unacceptable to Muslim
Indians. Opponents argue that India's acceptance of Sharia and religious
laws violates the principle of equal human rights, discriminates against
Muslim women, allows unelected religious personalities to interpret
religious laws, and creates plurality of unequal citizenship; they suggest
India should move towards separating religion and state.

Religion Definition
A religion is an organized collection of beliefs, cultural systems,
and world views that relate humanity to an order of existence. Many
religions have narratives, symbols, and sacred histories that aim to
explain the meaning of life and/or to explain the life or the Universe. From
their beliefs about the cosmos and human nature, people may
derive morality, ethics, religious laws or a preferred lifestyle.
Many religions may have organized behaviors, clergy, a definition of what
constitutes adherence or membership, holy places, and scriptures. The
practice of a religion may include rituals, sermons, commemoration or
veneration (of
a deity, gods or goddesses),sacrifices, festivals, feasts, trance, initiations,
funerary services, matrimonial services, meditation, prayer, music, art,
dance, public service or other aspects of human culture.