Article 25: Freedom of Conscience and Religion

Freedom of religion in India begins with Article 25, which entitles all persons equally to freedom of conscience and the right to freely profess, practice, and propagate religion. It opens the Right to Freedom of Religion group of articles (25-28) in Part III, and reflects India's particular model of secularism — not a wall separating religion from the State, but equal respect for every religion combined with the State's power to step in where religious practice runs into public order, social reform, or economic regulation.

What Article 25 Guarantees

Article 25(1) guarantees freedom of conscience and the right to freely profess, practice, and propagate religion to all persons, not just citizens, subject to public order, morality, health, and the other provisions of Part III. This guarantee covers two distinct things:

The right to propagate does not, however, include a right to convert another person to one's own religion; forcible conversion is treated as an infringement of the other person's own freedom of conscience, not an exercise of the right to propagate. Article 25 covers both religious beliefs (doctrines) and religious practices (rituals), and is available to citizens and non-citizens alike.

The State's Power to Regulate

Article 25(2) makes clear that nothing in the article prevents the State from regulating or restricting any economic, financial, political, or other secular activity that may be associated with a religious practice, or from making laws for social welfare and reform, including throwing open Hindu religious institutions of a public character to all classes and sections of Hindus. Two explanations attach to the article: the wearing and carrying of kirpans is deemed part of professing the Sikh religion, and for the purposes of the social-reform clause, the reference to Hindus is understood to include Sikhs, Jains, and Buddhists. This structure lets the State intervene in the secular, economic, or social dimensions of a religious practice — such as temple administration or an economic activity carried out under religious cover — without touching the core freedom of belief itself.

India's Model of Secularism

India has no official State religion; the government maintains neutrality and impartiality toward all religions. This is often described as a positive concept of secularism — not a strict separation of religion and state, but equal respect for every religion, with the State neither establishing a religion nor extending special patronage to any one faith. Secularism, in this sense, governs the relationship between the State and religion, not between an individual and their faith, which is precisely what Article 25 protects.

Sabarimala and the Reach of Article 25

In 2018, a Constitution Bench of the Supreme Court addressed the exclusion of women aged 10 to 50 from the Sabarimala temple. The Court held that the freedom of conscience guaranteed under Article 25(1) applies to all persons, including women, and that exclusionary practices barring women of a certain age group violated their right to practice religion. The ruling affirmed that the right to practice religion under Article 25 is equally available to men and women across all age groups, illustrating how the individual guarantee in Article 25 can come into tension with, and ultimately constrain, restrictive practices carried out in the name of religion.

Article 25 and Article 26 Compared

Article 25 guarantees rights to individuals, while Article 26 guarantees rights to religious denominations or sections of them — the right to establish and maintain institutions for religious and charitable purposes, to manage their own affairs in matters of religion, to own and acquire property, and to administer that property in accordance with law. Article 26 protects the collective dimension of religious freedom, and — unlike Article 25 — its rights are subject to public order, morality, and health, but not to the other provisions of Part III.

UPSC Relevance

Prelims

• Article 25 is available to "all persons," not just citizens, unlike several other fundamental rights.
• Article 25(2) permits State regulation of secular activity associated with religion and social-reform laws opening Hindu religious institutions to all classes and sections of Hindus.
• Explanation I treats the wearing and carrying of kirpans as part of professing the Sikh religion; Explanation II includes Sikhs, Jains, and Buddhists within "Hindus" for the social-reform clause.
• Sabarimala (2018): Supreme Court held Article 25(1) applies equally to women, striking down the age-based entry restriction.

Mains

• Discuss how Article 25(2) reflects India's model of secularism as active engagement with religion rather than strict separation.
• Examine the distinction between individual rights under Article 25 and collective/denominational rights under Article 26.
• Evaluate the Sabarimala judgment's significance for the relationship between individual freedom of conscience and religious custom.

FAQ

Q1. Is Article 25 available only to Indian citizens? No. Article 25 uses the words "all persons," so it is available to both citizens and non-citizens.

Q2. Does the right to propagate religion under Article 25 include the right to convert others? No. It covers transmitting and disseminating one's religious beliefs, but forcible conversion of another person is treated as violating that person's own freedom of conscience.

Q3. Can the State regulate religious institutions under Article 25? Yes. Article 25(2) allows the State to regulate secular activity associated with religious practice and to make laws for social welfare and reform, including opening Hindu religious institutions of a public character to all classes and sections of Hindus.

Q4. What did the Supreme Court hold in the 2018 Sabarimala case? It held that the freedom of conscience under Article 25(1) applies equally to women, and that excluding women aged 10 to 50 from the temple violated their right to practice religion.

Q5. What is the difference between Article 25 and Article 26? Article 25 protects the religious freedom of individuals; Article 26 protects the collective religious freedom of denominations, including their right to manage institutions, own property, and administer their own religious affairs.

Quick Revision

• Article 25 = freedom of conscience + right to profess, practice, propagate religion; available to "all persons."
• Subject to public order, morality, health, and other Part III provisions.
• Article 25(2): State can regulate secular activity linked to religion; can enact social welfare/reform laws, including opening Hindu religious institutions to all Hindus.
• Explanation I: kirpan-wearing = part of professing Sikh religion. Explanation II: "Hindus" includes Sikhs, Jains, Buddhists for the reform clause.
• Right to propagate does not include a right to forcibly convert others.
• India = positive secularism: no official religion, State neutrality, equal respect for all religions.
• Sabarimala (2018): Article 25(1) applies equally to women; age-based exclusion held unconstitutional.
• Article 25 = individual rights; Article 26 = collective/denominational rights.

Sources

• Constitution of India, Article 25 — legislative.gov.in
• Sabarimala Temple Entry case, Supreme Court of India, 2018 — Judgments

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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