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Article 25: An Article of Faith in Indian Constitutional Law
Disclaimer: This blog post provides general information on legal topics and is not intended as specific legal advice. Legal situations vary, and readers should consult qualified professionals for personalized guidance.
Introduction: Understanding Article 25 as an 'Article of Faith'
Article 25 of the Indian Constitution stands as a cornerstone of religious liberty, often described by the Supreme Court as an 'Article of Faith'. This powerful phrase underscores its profound role in safeguarding the freedom of conscience and the right to freely profess, practice, and propagate religion. But what does this mean in practice? Why is it termed an 'Article of Faith', and how has the judiciary interpreted it across landmark cases?
In a diverse nation like India, where religion permeates daily life, Article 25 balances individual rights with societal needs. Drawing from key judicial precedents, this post explores its scope, limitations, and real-world applications. Whether you're a law student, practitioner, or curious citizen, understanding Article 25 is an Article of Faith reveals the Constitution's commitment to spiritual autonomy while ensuring public order.
What Does Article 25 Guarantee?
Article 25(1) declares: 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.
This provision is not absolute. It is tempered by:
- Public order, morality, and health – Reasonable restrictions can be imposed.
- Article 25(2) – Allows state intervention for social welfare and reform, including opening Hindu religious institutions to all classes and sections.
The Supreme Court has emphasized that religion involves faith and outward practices. As noted, Persons believing in a religious faith there are some forms of practising the religion by outward actions which are as much a part of religion as the faith itself Aishat Shifa VS State of Karnataka - 2022 Supreme(SC) 1043. This holistic view cements Article 25's status as an 'Article of Faith'.
Essential Religious Practices Doctrine
Courts distinguish essential religious practices (protected) from non-essential ones (regulable). For instance:
- Wearing a kirpan by Amritdhari Sikhs is protected, as it's one of the five 'kakars' enjoined by Sikhism. No license is required under the Arms Act, 1959, exempting Sikhs nationwide Dilawar Singh VS State of Haryana - 2016 Supreme(P&H) 633.
- Hijab in schools may be a matter of choice, conscience, and expression, even if not strictly essential, to avoid denying education Aishat Shifa VS State of Karnataka - 2022 Supreme(SC) 1043.
Landmark Cases Interpreting Article 25
Judicial rulings have fleshed out Article 25's contours, often invoking natural justice and constitutional morality alongside religious freedom.
Maneka Gandhi v. Union of India (1978)
This seminal case expanded personal liberty under Article 21, linking it to Article 19 and natural justice in passport impounding. While primarily under Article 21, it reinforced that state actions infringing liberty must be fair: The passport authority may proceed to impound passport without giving any prior opportunity... but as soon as the order impounding the passport is made an opportunity of being heard remedial in aim should be given Maneka Gandhi VS Union Of India - 1978 Supreme(SC) 29. This principle echoes in religious contexts, ensuring procedural fairness.
Religious Attire and Access Rights
- Sikh Kirpan Case: An Amritdhari Sikh cannot be restrained from carrying a kirpan in courtrooms absent statutory prohibition, as it's integral to faith Dilawar Singh VS State of Haryana - 2016 Supreme(P&H) 633.
- Hijab in Exams: Muslim candidates' right to wear headscarves under Article 25(1) overrides dress codes, with security checks allowed if they arrive early FIDA FATHIMA Vs UNION OF INDIA - 2017 Supreme(Online)(KER) 36539.
- Temple Entry: Public worship is a fundamental right, but restrictions for safety (e.g., Sabarimala routes) are valid if alternatives exist V. Shyamohan S/O Velayudhan Nair vs State Of Kerala Represented By Its Secretary To Government - 2025 Supreme(Ker) 2949.
Limitations and Balances
Article 25 yields to public order:
- Section 144 CrPC Orders: Cannot arbitrarily ban religious activities without material evidence, violating Articles 19(1), 25, and 26 if principles of natural justice are ignored Joan Mascarenhas E Dsouza VS State Of Goa - 2023 Supreme(Bom) 747.
- No Coercive Conversions: Freedom to propagate does not include forced conversions, which contravene public order SHAHAN SHA Vs STATE OF KERALA - 2009 Supreme(Online)(KER) 7612.
- Caste and Denominations: Castes aren't 'religious denominations' under Article 26; temples are public unless declared private Madeswaran vs District Collector, Collector Office - 2025 Supreme(Mad) 3761. Smartha Brahmins don't qualify for Article 26 benefits Smartha Brahims Living in the State of Tamil Nadu Practising and propagating the Religious Philosophy and tents of Advaitha Philosophy through P. S. Sundaram VS Union of India through its Secretary to the Govt. of India, New Delhi - 2022 Supreme(Mad) 1840.
In ex-communication debates, the Court questioned protections under Article 26(b) if they lead to 'civil death' via constitutional morality, tagging it to larger benches Central Board of Dawoodi Bohra Community VS State of Maharashtra - 2023 Supreme(SC) 116.
Article 25 and Broader Fundamental Rights
Article 25 intersects with:
- Article 14 (Equality): Impounding passports or poll cancellations must avoid arbitrariness; natural justice mandates hearings Mohinder Singh Gill VS Chief Election Commissioner, New Delhi - 1977 Supreme(SC) 350 Maneka Gandhi VS Union Of India - 1978 Supreme(SC) 29.
- Article 21 (Life and Liberty): Anticipatory bail restrictions cannot unduly limit liberty; fairness is implicit Siddharam Satlingappa Mhetre VS State of Maharashtra - 2010 8 Supreme 353.
- Articles 25-30 (Minority Rights): Madarsa Acts emphasizing religious over modern education violate secularism and Article 21A (right to education) Anshuman Singh Rathore VS Union of India Thru. Secy. Ministry of Edu. New Delhi - 2024 Supreme(All) 484.
Judicial Review as Basic Structure: Tribunals under Articles 323A/B cannot oust High Court/Supreme Court jurisdiction under Articles 226/32, preserving review over religious laws L. Chandra Kumar VS Union Of India - 1997 3 Supreme 147.
Modern Challenges and Constitutional Morality
Today, Article 25 is an Article of Faith faces tests like:
- Superstition vs. Faith: Courts refrain from scrutinizing beliefs unless they breach public order (e.g., temple rituals) PROF K D SUDHAKARAN GENERAL SECRETARY vs STATE OF KERALA - 2011 Supreme(Online)(KER) 2143.
- PESA and Cultural Protection: Village hoardings barring outsiders to prevent conversions balance Article 25 with tribal rights, subject to remedies Digbal Tandi S/o Shri Dharak Tandi vs State of Chhattisgarh - 2025 Supreme(Online)(Chh) 20394.
- Secularism: State cannot endorse superstition but must protect harmony D. S. Joseph
VS State of U. P. - 2004 Supreme(All) 1683.
The evolving constitutional morality – not societal norms – guides interpretations, ensuring dignity and anti-discrimination (e.g., no 'untouchability' via ex-communication) Central Board of Dawoodi Bohra Community VS State of Maharashtra - 2023 Supreme(SC) 116.
Key Takeaways
- Article 25 protects faith-based practices, but only essentials are shielded; restrictions for public order are valid.
- It's termed an 'Article of Faith' for embodying spiritual liberty as a constitutional commitment Aishat Shifa VS State of Karnataka - 2022 Supreme(SC) 1043.
- Natural justice is woven in: Hearings post-action suffice in urgent cases like passport impounding Maneka Gandhi VS Union Of India - 1978 Supreme(SC) 29.
- Balances with equality (Art. 14), liberty (Art. 21), and secularism.
- Seek alternatives first: Exhaust administrative remedies before courts.
In sum, Article 25 fosters a pluralistic India where faith thrives without chaos. As courts evolve with societal morality, it remains a beacon of dignity and choice.
Search Results for "Article 25: An Article of Faith in Indian Constitution"
1978 0 Supreme(SC) 29 • India - Supreme Court
P. S. KAILASAM, S. MURTAZA FAZAL ALI, V. R. KRISHNA IYER, Y. V. CHANDRACHUD, N. L. UNTWALIA, M. H. BEG, P. N. BHAGWATI
TESTED WITH REFERENCE TO NUMBER OF FUNDAMENTAL RIGHTS IN ARTICLE 19 AS ALSO ARTICLE 14 - PASSPORT AUTHORITY—ITS POWER TO IMPOUND ... ANY BARRIER BY STATE ACTION WOULD VIOLATE ARTICLE. ... on the ground “in the interest of general public” - impounding of passport – whether infringement of article 14 of the constitution ... Articles 23 and 24 which relate to right against exploitation and Articles #....
1977 0 Supreme(SC) 350 • India - Supreme Court
M. H. BEG, P. K. GOSWAMI, P. N. BHAGWATI, P. N. SHINGHAL, V. R. KRISHNA IYER
It would be an exercise of power covered by functions under Article 324. ... JURISDICTION UNDER ARTICLE 226 - REPOLL IN AN ENTIRE CONSTITUENCY UNDER ORDER OF ELECTION COMMISSION - CANCELLATION OF ENTIRE POLL ... Democratic rule of law calls for a play of principles of natural justice. ... Articles 327 and 328 deal with the first of these requisites, Article 324 with the second and Articl....
1994 0 Supreme(SC) 697 • India - Supreme Court
M. N. VENKATACHALIAH, S. MOHAN, M. M. PUNCHHI
of natural justice. ... By implementation of the judgment of the High court it has been left out. ... the judgment delivered by High court of Delhi in this case and a revised list of provisionally selected bidders in the cities of ... under Article 226. ... That being so, this court will not interfere by exercising its powers under Article 136 of the Constitution of India. ... Equally, the argument that the memorandum and ....
1979 0 Supreme(SC) 300 • India - Supreme Court
P.N.BHAGWATI, R.S.PATHAK, V.D.TULZAPURKAR
INTERNATIONAL AIRPORT AUTHORITY OF INDIA - Norms, Standards and Procedure for Administrative Action. ... of Article 12. ... Article 12. ... Article 14.
1993 0 Supreme(SC) 906 • India - Supreme Court
B. P. JEEVAN REDDY, K. RAMASWAMY, M. N. VENKATACHALIAH, P. B. SAWANT, S. MOHAN
Constitution of India, 1950 - Article 311(2) - Government of India Act, 1935 – Section 240(3) - Civil Services ... Classification Rules, 1920 - Government of India Act, 1919 - Section 96B (2) - Public Servants (Inquiries) Act, 1850 - Section 25 ... charges framed had to be discussed and finding had to be recorded on each charge - However, there was no provision made in Rules ... and later in Article 311(2) of the Constitution as originally enacted. ... The petitioner ....
2011 Supreme(Online)(KER) 2143 • India - High Court of Kerala
K.S.RADHAKRISHNAN, S.S.SATHEESACHANDRAN, JJ
Religion - Superstitious Events - Article 25, Article 26, Article 27 - Court upheld that matters of religious faith cannot be ... It asserted the importance of recognizing religious rights under Articles 25 and 26. ... Finding of the Court: The court found that the event is intrinsically linked to faith and religion, emphasizing that ... (C).NO....
2004 0 Supreme(All) 1683 • India - Allahabad
AMAR SARAN
C. - Article 25, Article 19(1)(b) - Summary of Acts and Sections: Section 144, Cr. P. ... C., Article 25, Article 19(1)(b) - The court discussed the application of Section 144, Cr. P. ... C. in the context of public order and freedom of religion under Article 25 and Article 19(1)(b) of the Constitution. ... ....
2004 0 Supreme(Mad) 1533 • India - Madras
P.D.DINAKARAN
It also examined the limitations imposed by Article 19(2) and the conditions subject to Article 25(1) and (2). ... Freedom of Speech - Public Meeting - Articles 19(1)(a), 19(1)(b), 25 - Summary of Acts and Sections: Articles 19(1)(a), 19(1)( ... b), 19(2), 25(1), 25(2) of the Constitution of India - The court discussed the right to hold a public meeting under Articles 19(1 ... #H....
2025 0 Supreme(Ker) 2949 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K.V.JAYAKUMAR
(A) Article 14 and Article 25 of the Constitution of India - Right to freely practice faith - Petitioner challenged lack of notification ... ... ... Findings of Court: ... The Kanana Patha is regulated due to safety and ecological concerns, and opening it requires coordination ... route opening does not violate religious rights as other routes are accessible. ... Article 14 and 25 of#....
2016 0 Supreme(P&H) 633 • India - Punjab and Haryana
HARINDER SINGH SIDHU
India, 1950, Article 25. ... actions which are as much a part of religion as the faith itself--Though the Article 25 rights were subject to public order, morality ... --Wearing of Kirpan--An Amritdhari Sikh is enjoined by his religion to, at all times, wear the five kakars, of which kirpan is one ... State of Kerala, (1986) 3 SCC 615, the Supreme Court observed ....
2025 0 Supreme(Mad) 3761 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice D. Bharatha Chakravarthy, J
It is the name of the founder and has common faith and common spiritual organisation. Article 26 contemplates not merely a religious denomination but also a section thereof. ... But human rights denounce it and Article 17 of the Constitution of India abolished it and its practice in any form is a constitutional crime punishable under Civil Rights Protection Act. Article 15(2) and other allied provisions achieve the purpose of Article 17. ... Only if they follow a particular philosophy or are guided by a....
2022 0 Supreme(SC) 1043 • India - Supreme Court
HEMANT GUPTA, SUDHANSHU DHULIA
Article 25 of the Constitution, was described as an article of faith and it was observed as follows: “18. ... We are concerned only with Article 25(1) and not with Article 25(2) or Article 26 of the Constitution of India. Whereas Clause 1 of Article 25 deals with individual rights, Article 25(2) and Article 26 of the Constitution of India, deal....
2022 0 Supreme(Mad) 1840 • India - Madras
R. VIJAYAKUMAR
The plaintiffs filed O.S.No.200 of 1993 before the Principal District Munsif Court, Tuticorin for the relief of declaration that the plaintiffs are entitled to the benefits and privileges conferred under Article 25(1), Article 26, Article 29(1) and Article 30(1) of Indian Constitution in view of their ... 25. ... The learned Senior Counsel appearing for the appellants during his submissions as well as in the written arguments, has given up the plaintiffs' prayer with regard to the bene....
2025 Supreme(Online)(Chh) 20394 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, BIBHU DATTA GURU
The meaning of guarantee under Article 25 of the Constitution came up for consideration in this Court in Ratilal Panachand Gandhi v. ... Article 25 of the Constitution ensures the freedom of religion, but this right is not absolute. It is subject to public order, morality, and health. ... Applying a hoardings which is in consonance of the constitutional law does not violate either Article 19, Article 21 or Article 25 of the Constitution of India. Th....
2022 0 Supreme(SC) 1712 • India - Supreme Court
D. Y. CHANDRACHUD, HIMA KOHLI
The decision cannot be construed to contain any observation reflecting on the faith of the petitioner. This Court has respect for the equality of religions which is a fundamental constitutional tenet embodied in Article 25 of the Constitution. 4. ... At the outset, it needs to be noted that a petition under Article 32 would not be maintainable for the purpose of seeking the reliefs, as stated above. 3. ... The jurisdiction of this Court under Article 32 of the Constitution has been invoked for the purpo....
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