Article 25 of the Indian Constitution: UPSC 2025 Polity Notes

Actual Article

Article 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 (2), the 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.

UPSC Notes for Article 25

• Scope: Article 25 ensures the freedom of religion, a fundamental right, to all individuals in India. This right includes freedom of conscience and the right to profess, practice, and propagate any religion.
• Restrictions: This freedom is not absolute and is subject to public order, morality, health, and other provisions relating to fundamental rights.
• State’s Power: The State can regulate secular activities associated with religious practice and make laws for social reform and welfare.

Important Cases and Commissions Related to Article 25

1. S. R. Bommai v. Union of India (1994): This case clarified the secular nature of the Indian Constitution and emphasized that the State cannot favor or discriminate against any religion.
2. Bijoe Emmanuel v. State of Kerala (1986): The Supreme Court ruled that the expulsion of children belonging to the Jehovah’s Witnesses community for not singing the national anthem was a violation of their right under Article 25.
3. Commission on Religious and Linguistic Minorities (2007): This commission recommended measures to ensure the rights and welfare of religious minorities, aligning with the provisions of Article 25.

Important Reports Related to Article 25

• The Sachar Committee Report (2006): Analyzed the socio-economic conditions of Muslims in India and recommended measures for their upliftment, indirectly supporting the ethos of Article 25 by promoting equality and non-discrimination.
• The Ranganath Misra Commission Report (2007): Focused on identifying and addressing the issues faced by linguistic and religious minorities in India.

Additional Insights

• Kirpan Case: The inclusion of the wearing of kirpans under Article 25 highlights the accommodation of specific religious practices.
• Hindu Religious Institutions: The article’s specific provisions for Hindu institutions demonstrate the article’s role in social reform and inclusivity within Hinduism, including Jain, Buddhist, and Sikh institutions.

Previous Year Prelims Questions Related to Article 25

1. UPSC Prelims 2019: Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?

• Answer: Right to Freedom of Religion

1. UPSC Prelims 2013: Which one of the following statements is correct?

• Answer: Under Article 25 of the Constitution, the propagation of one’s religion is a Fundamental Right but it does not include the right to convert another individual to one’s own religion.

Previous Year Mains Questions Related to Article 25

1. UPSC Mains 2016: Discuss the concept of secularism in the Indian context and how the Indian model of secularism differs from the Western model. How does Article 25 of the Indian Constitution uphold the principle of secularism? (15 marks)
2. UPSC Mains 2019: Explain the significance of Article 25 in the context of the Fundamental Rights in India. How does it ensure the balance between the freedom of religion and the need for social reform? (10 marks)

By thoroughly understanding and analyzing Article 25, its implications, related case laws, and previous exam questions, aspirants can significantly enhance their preparation for the UPSC Civil Services Examination.