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ARTICLE 25 – Freedom of Conscience and Free Profession, Practice and Propagation of Religion | UPSC Polity Notes

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🟥 ARTICLE 25 – Right to Freedom of Religion

Title: Freedom of Conscience and Free Profession, Practice and Propagation of Religion

🔹 Available to:

✅ All persons – Citizens and Non-citizens
(Not just Indians, even foreigners in India have this right)

🔸 What Does Article 25(1) Say?

“Subject to public order, morality, health, and other Fundamental Rights, all persons are equally entitled to:

  1. Freedom of conscience: You have full freedom to believe in any religion, or none at all.

  2. Right to profess

  3. Right to practice

  4. Right to propagate religion.”

This means your religious freedom is not absolute. It can be reasonably restricted by the government if:

  • it disturbs public order (e.g., causes riots)

  • it goes against morality (e.g., promotes superstition or harmful acts)

  • it harms public health (e.g., spreading disease in the name of religion)

  • it violates others' Fundamental Rights

📌 Example:
If a religious group sacrifices animals in public, and it causes panic or health risks, the government can stop it — even if it's part of their belief.

🔸 "Freedom of conscience":

This means:
👉 You have full freedom to believe in any religion, or none at all.

✅ Example:
Ravi is born in a Hindu family but later starts believing in Buddhism.
He has full freedom of conscience to do that — no one can force him to believe otherwise.

🔸 "Right to profess religion":

This means:
👉 You can declare your religion openly, and express your faith through words or symbols.

✅ Example:
A Christian can wear a cross and say “I believe in Jesus.”
A Muslim can say “I follow Islam” and wear a hijab or skullcap.
A Hindu can wear vibhuti or tilak.
This is called professing your religion.

🔸 "Right to practice religion":

This means:
👉 You can perform rituals, ceremonies, customs, and worship in any way you like.

📌 Example:

  • Muslims can offer namaz, Christians can attend church, Hindus can go to temples and do puja.

✅ Example:

  • A Hindu can celebrate Diwali and go to a temple.

  • A Muslim can fast in Ramadan and go to a mosque.

  • A Christian can go to church every Sunday.
    This is practicing religion.

❌ But the practice must not harm public health or peace.
👉 If someone plays loud religious music at midnight and disturbs others, it can be restricted.

🔸 "Right to propagate religion":

This means:
👉 You can spread your religious beliefs to others — by speaking, writing, or other peaceful methods.

📌 Example:

✅ Example:

  • A Christian missionary can talk about Christianity to others.

  • A Muslim scholar can explain Islamic beliefs in a speech.

  • A Hindu preacher can tell people about Bhagavad Gita.

❌ But you cannot force anyone to convert.
✅ It should be voluntary and peaceful.

  • Distributing books, giving sermons, or explaining your religion to someone is allowed.

  • But forced conversion or bribing someone to convert is not allowed (as it violates others’ freedom).

✅ Let's understand each in simple language:

Term Easy Meaning
Freedom of Conscience Complete inner freedom to believe in God or no God, and follow your own faith in your heart.
Profess Openly declare or say which religion you believe in.
Practice Perform religious rituals, customs, worship, prayers, etc.
Propagate Spread your religious ideas to others through teaching or explaining.

➡️ But, you can’t convert others forcibly.
➡️ Right to “propagate” does not mean right to convert someone.

🔸 Forcible or fraudulent conversions violate the other person’s freedom of conscience.

🔸 Article 25(2): What can the State do?

It allows the government to make laws for:

(a) Regulation of secular activities:

  • Even if some economic, political or non-religious work is connected to religion, the government can control it.

📌 Example:

  • Government can regulate donations in temples or religious trusts.

(b) Social welfare and reform:

  • Government can abolish harmful religious practices that stop progress.

📌 Example:

  • Opening temples to all Hindus regardless of caste (social reform).

🟦 Two Important Explanations in Article 25:

  1. Sikhs can wear and carry Kirpans (small sword) – it's part of their religion.

  2. For this Article, the term “Hindu” includes Sikhs, Jains, and Buddhists.

➡️ So, reforms under Article 25(2)(b) apply to these religions too.

🧾 Important Case Laws You Must Remember for UPSC:

🔹 1. M. Siddiq v. Mahant Suresh Das (Ayodhya Case)

  • SC said that earlier comment in Ismail Faruqui case (“Mosque is not essential to Islam”) was not needed in that case.

  • It was only said in context of land acquisition, not about religious importance.

➡️ This clarified how to respect religious places in constitutional interpretation.

🔹 2. Shayara Bano v. Union of India (2017)

➡️ Triple Talaq (instant divorce by saying “talaq” three times) was declared:

  • ❌ Against the Quran

  • ❌ Against women’s dignity

  • ❌ Not protected by Article 25

So, it was banned.

🔹 3. Acharya Jagdishwaranand v. Commissioner of Police (1984)

  • Anand Margis wanted to do Tandava dance in public with skulls and weapons.

  • SC said:

    • This is not essential religious practice.

    • Public order, safety, and morality come first.

➡️ So, Article 25 can be restricted in interest of public order.

🔹 4. Mohd. Hanif Quareshi v. State of Bihar (1958)

  • Muslims demanded right to sacrifice cows on Bakrid.

  • SC said:

    • Cow sacrifice is not essential part of Islam.

    • Govt can ban cow slaughter under Article 25(2)(a) for public good.

🔹 5. Kirpan Case (Right of Sikhs)

  • Article 25 allows Sikhs to carry a kirpan (small religious sword).

  • ✅ But only one kirpan is allowed.

  • ❌ More than one = needs weapon license.

⚠️ Restrictions on Article 25:

➡️ You can enjoy freedom of religion only if it does not harm:

  1. Public order

  2. Morality

  3. Health

  4. Other Fundamental Rights (e.g., dignity under Article 21)

So, the State can restrict religious activities if:

  • They are dangerous, unethical, or hurt others’ rights.

📌 Definition of “Religion” (As per Constitution?)

  • Constitution does not define religion.

  • Why? Because religion is too broad and complex to define.

But through court interpretations:

  • Religion includes both:

    1. Beliefs/doctrines (e.g., God, teachings)

    2. Practices/rituals (e.g., prayers, fasting, festivals)

🔍 Summary Table for Quick Revision:

📌 Point 📝 Explanation
Article 25 Gives freedom of conscience + right to profess, practice, propagate religion
Available to All persons (citizens + foreigners)
Propagation Allowed only to explain/teach religion; ❌ no right to convert forcibly
Subject to Public order, morality, health, other FRs
State Can Regulate secular activity + Make laws for social reform
Sikh Exception Can carry 1 kirpan as part of religious freedom
Religion Definition Not in Constitution; includes belief + practice
Important Cases Triple Talaq, Ayodhya Mosque, Cow sacrifice, Tandava Dance

📝 UPSC Points to Remember:

  • Use Article 25 in GS2 (Polity) and Essay under themes like:

    • Constitutional Morality

    • Religious Harmony

    • Fundamental Rights vs Public Order

  • Link it with Directive Principles (Article 44 – Uniform Civil Code)

  • Connect with SDGs:

    • SDG 10 – Reduced Inequalities

    • SDG 16 – Peace, Justice and Strong Institutions.

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