Article 25 to 28 Religious Freedoms | Kerala PSC Graduate

Articles 25 to 28 of the Indian Constitution, nestled in Part III (Fundamental Rights), guarantee religious freedom to all citizens. This topic holds significant weight in Kerala PSC exams, often appearing in the Indian Polity section for graduate-level posts. These articles ensure the right to practice, propagate, and manage religious affairs while allowing the state to regulate secular activities associated with religious institutions. Understanding their scope, limitations, and judicial interpretations is crucial for aspirants.

Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion

Provision	Details
Clause (1)	Guarantees all persons the freedom of conscience and the right to freely profess, practice, and propagate religion.
Clause (2)	Allows the state to regulate or restrict any secular activity associated with religious practice and to provide for social reform or the opening of Hindu religious institutions to all classes and sections of Hindus.
Key Judgment	Shirur Mutt Case (1954): The Supreme Court held that the term “religion” includes practices and ceremonies integral to the religion, but not every activity claiming religious sanction.

Article 26: Freedom to Manage Religious Affairs

Provision	Details
Clause (a)	Every religious denomination or any section thereof has the right to establish and maintain institutions for religious and charitable purposes.
Clause (b)	Manages its own affairs in matters of religion.
Clause (c)	Owns and acquires movable and immovable property.
Clause (d)	Administers such property in accordance with law.
Key Judgment	Ratilal Panachand Gandhi v. State of Bombay (1954): The Supreme Court ruled that the right under Article 26 is subject to regulation by the state in the interest of public order, morality, and health.

Article 27: Freedom from Payment of Taxes for Promotion of Any Particular Religion

Provision	Details
Clause (1)	No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.
Clause (2)	State funds cannot be used for the promotion or maintenance of any particular religion or religious denomination.
Key Judgment	Ahmedabad St. Xavier’s College v. State of Gujarat (1974): The Supreme Court held that Article 27 prohibits any form of compulsion in the payment of taxes for religious purposes.

Article 28: Freedom from Attending Religious Instruction in Educational Institutions

Provision	Details
Clause (1)	No religious instruction shall be provided in any educational institution wholly maintained out of state funds.
Clause (2)	Educational institutions recognized by the State or receiving aid from state funds shall not compel any student to attend religious instruction or worship without their consent (or their guardian’s consent if the student is a minor).
Clause (3)	Educational institutions managed by the State shall not be denied recognition or aid on the ground that they provide religious instruction.
Key Judgment	D.A.V. College, Jalandhar v. State of Punjab (1971): The Supreme Court clarified that Article 28(1) applies only to institutions wholly maintained by the state and not to those receiving partial aid.

Judicial Interpretations and Landmark Cases

• Kesavananda Bharati v. State of Kerala (1973): The Supreme Court upheld the basic structure doctrine, emphasizing that the right to freedom of religion is a fundamental right but not absolute.
• S.R. Bommai v. Union of India (1994): The Supreme Court held that secularism is a basic feature of the Constitution, and state neutrality in religious matters is essential.
• Ismail Faruqui v. Union of India (1994): The Supreme Court ruled that a mosque is not an essential part of Islam, highlighting the limits of religious rights.

Constitutional Amendments Affecting Religious Freedoms

• 42nd Amendment Act, 1976: Added the words “to secure social order” in Article 25(1), but this was later struck down by the Supreme Court in Minerva Mills v. Union of India (1980).
• 44th Amendment Act, 1978: Omitted the provision that allowed the state to nationalize religious property, ensuring greater autonomy for religious institutions.

State Regulations and Social Reforms

• Hindu Religious and Charitable Endowments Act, 1951: Allows state regulation of Hindu religious institutions and their properties.
• Anand Marriage Act, 1909: Recognizes Sikh marriages as separate from Hindu marriages, showcasing state intervention in personal laws.

Quick Recap for PSC

• Article 25 guarantees freedom of conscience and the right to profess, practice, and propagate religion, subject to public order, morality, and health.
• Article 26 grants religious denominations the right to manage their affairs, own property, and establish institutions.
• Article 27 prohibits compulsory payment of taxes for the promotion of any particular religion.
• Article 28 ensures no religious instruction is compulsory in educational institutions wholly maintained by the state.
• The Shirur Mutt Case (1954) defined “religion” as including essential practices and ceremonies.
• The Kesavananda Bharati Judgment (1973) upheld the basic structure doctrine, limiting absolute religious rights.
• The 42nd Amendment Act, 1976 attempted to restrict religious freedom but was partially struck down.
• Secularism is a basic feature of the Constitution, as reaffirmed in S.R. Bommai v. Union of India (1994).
• State regulation of Hindu religious institutions is allowed under the Hindu Religious and Charitable Endowments Act, 1951.
• Article 28(1) applies only to institutions wholly maintained by the state, as clarified in D.A.V. College, Jalandhar v. State of Punjab (1971).