M.P. Civil Judge 2019 Paper I

Discuss right to freedom of religion under constitution of India and explain it's limitations.

Verified Answer
  1. Core Legal Answer & Context: The Indian Constitution guarantees the right to freedom of religion under Articles 25-28. Article 25 ensures freedom of conscience and the right to profess, practice, and propagate religion to all persons. Article 26 grants religious denominations the freedom to manage their own affairs, establish and maintain institutions, and own property. Article 27 prohibits taxation for the promotion of any particular religion, and Article 28 restricts religious instruction in state-funded educational institutions.

Limitations: These rights are not absolute and are subject to several limitations: public order, morality, and health (Art. 25(1), 26(b)). The State also has the power to regulate or restrict any economic, financial, political, or other secular activity associated with religious practice (Art. 25(2)(a)). Furthermore, the State can enact laws for social welfare and reform or for throwing open Hindu religious institutions of a public character to all classes and sections of Hindus (Art. 25(2)(b)).

  1. Relevant Statutes and Sections: Articles 25, 26, 27, and 28 of the Constitution of India.

  2. Important Landmark Cases:

  • Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (Shirur Mutt Case): Defined 'religion' and 'religious practices' and introduced the 'essential practices' doctrine.
  • S.P. Mittal v. Union of India: Reaffirmed the 'essential practices' doctrine, emphasizing that only practices integral to a religion are protected.
  1. Clear Conclusion: The right to freedom of religion in India is a fundamental right, but it is not absolute. It is subject to reasonable restrictions to maintain public order, morality, and health, and to allow for social reform, ensuring a balance between individual religious liberty and broader societal interests.