Freedom of Religion (Articles 25-28) | Samvidhan Simple

A citizen's guide to religious freedom in India. Learn about secularism, propagation of faith, and taxation limitations for religion under Articles 25-28.

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Freedom of Religion (Arts 25–28)
Understanding India's "Positive Secularism"—where the State respects all faiths equally.
Simply Explained:
Unlike Western countries, India doesn't separate religion from the state. Instead, the State gives equal respect to all religions and protects your right to practice any faith.
Article 25: Individual Faith
Guarantees the right to
Profess, Practice, and Propagate
religion.
The Limit:
Does NOT include the right to
forcibly convert
others.
Article 26: Religious Affairs
Collective right of religious groups to establish institutions, manage affairs, and own property.
Art 27: No Religious Tax
The State cannot force you to pay taxes to promote any specific religion.
Art 28: Secular Schools
No religious instruction in schools fully funded by the State.
Key Court Judgments
Shirur Mutt Case (1954)
Established the
"Essential Religious Practices"
test. State can regulate non-essential rituals.
Sabarimala Case (2018)
Ruled that biological exclusion violates Article 25. Equality beats custom.
Triple Talaq Case (2017)
Declared Triple Talaq unconstitutional. Religious freedom doesn't override dignity.
Positive Secularism
Unlike Western secularism (Separation of Church & State), Indian secularism means **Sarva Dharma Sambhava**—Equal respect for all religions.
Secularism IQ Test
Which Article prohibits the State from collecting taxes for the promotion of a particular religion?
handleQuiz('A')} > A) Article 25
handleQuiz('B')} className=`}> B) Article 27
handleQuiz('C')} > C) Article 28
Expert Religion FAQ
Can a Sikh carry a Kirpan in public?
Yes. Article 25 Explanation I specifically states that "the wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion." This is a constitutionally protected practice.
Is the word 'Secular' original to the Preamble?
No. The word 'Secular' was added to the Preamble by the
42nd Amendment Act in 1976
. However, the Supreme Court has ruled that even before this amendment, the basic structure of the Constitution was always secular.
Can the government take over Temples or Mosques?
Yes, but only the
Secular, Financial, or Political
activities. The State can regulate the administration of religious property (Art 26) to prevent corruption or mismanagement, but it cannot interfere in the core religious rituals or beliefs.