Every Indian citizen is guaranteed the freedom of religion under Article 25 of the Indian Constitution. It is essential to preserving India’s secular fabric because it protects people’s freedom to practise, profess, and spread their religious beliefs. This article explores the importance, reach, and constraints of Article 25 of Indian Constitution, offering a thorough grasp of this crucial constitutional clause.
Article 25 of Indian Constitution | Overview
- Article 25 (1) of the Indian Constitution states: “All people have an equal right to freedom of conscience and the freedom to profess, practice, and spread their religion, subject to public order, morality, health, and the other provisions of this Part.” Accordingly, as long as the aforementioned rights do not conflict with laws about public health, morality, or other matters, all Indian citizens are entitled to them.
- Article 25 (2) of the Indian Constitution states: Nothing in this article will interfere with the operation of any current laws or shield the State from passing new ones. Examples of such laws include (a) regulating or prohibiting any financial, political, or other secular activity that might be connected to religious practice; (b) offering social welfare and reform programs or opening up publicly accessible Hindu religious institutions to all Hindu classes and groups.
This means that to control and limit financial, political, economic, and other secular activities connected to religions, the state may either create new laws or modify the application of already-existing ones. It also makes social welfare and the reform or opening of public Hindu religious institutions accessible to all Hindu classes and sections easier.
What is Secularism?
Being secular entails growing in tolerance, knowledge, and regard for various religions. It is thought that late mediaeval Europe is where the word “secularism” first appeared. The KT Shah demanded in 1948, during the debate in the Constituent Assembly, that the word “Secular” be added to the Preamble to the Constitution. Even though the assembly members accepted the secular nature of the constitution, the Preamble did not mention it. Later, in 1976, the Preamble of the 42nd Amendment Act was amended to include the word “Secular” by the Indira Gandhi administration. The most extensive modification to the Constitution is the 42nd Amendment Act, popularly referred to as the “Mini Constitution.”
The Supreme Court ruled in the hotly debated Ayodhya case that the Constitution guarantees the equality of all religions. Our nation’s and its citizens’ secular commitment can be strengthened by tolerance and peaceful coexistence.
S. R. Bommai v. Union of India, AIR 1994 SC 1918
In this particular case, the bench of nine judges decided that the fundamental element of the Indian Constitution is secularism. It also noted that politics and religion are incompatible. The State violates the mandate of the Constitution if it pursues unsecular policies or actions. Everyone is equal in a state and ought to be treated as such. There is no place for religion in matters of state. While everyone in India is entitled to the freedom of religion as a fundamental right, the State views religion, faith, and belief as irrelevant.
What is religion?
Religion, according to German philosopher Immanuel Kant, is “the recognition of all our duties as divine commands.” Religion is “a system of beliefs and practices using which a group of people struggles with the ultimate problems of human life,” according to American sociologist Milton Yinger. The terms “religion” and “matters of religion” are not defined in the constitution. Therefore, the task of defining the judicial meaning of these terms falls to the Supreme Court.
Restrictions on Freedom of Religion
- Firecrackers: a total prohibition on firecrackers that make noise between 10 p.m. and 6 a.m.
- Loudspeakers: Except in cases of public emergency, there is a ban on using sound amplifiers between the hours of 10 p.m. and 6 a.m. and on beating drums, tom-toms, and blowing trumpets.
- Generally: The State shall have the authority to confiscate and seize loudspeakers and any other equipment or sound amplifiers that produce noise that exceeds the designated threshold.
Conclusion
The Article 25 of Indian Constitution is essential for preserving religious liberty and upholding the country’s secular foundation. This article guarantees religious equality and harmony by permitting people to practise, profess, and spread their faiths while upholding public morals, order, and health. This promotes a diverse and tolerant society.
