Fundamental Rights Articles 23-29 | Political Science & International Relations: Mains Optional - UPSC PDF Download

 Page 1


 
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour):
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
similar forms of forced labour.
non citizens. It protects the individual not only against the State
private persons. 
The expression ‘traffic in human beings’ include (a) selling and buying of
women and children like goods; (b) immoral traffic in women and
including prostitution; (c) devadasis; and (d) slavery. To punish
Parliament has made the Immoral Traffic (Prevention) Ac
The word ‘force’ as per the Right
also force arising from the compulsion of economic ci
working for less than the minimum wage. In this regard, the Bonded
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the
Labour Act, 1970 and the Equal Remuneration Act, 1976 were
Article 23 also provides for an exception to this provision. It permits the
impose compulsory service for public purposes, as for example,
or social service, for which it is not bound to pay. However,
service, the State is not permitted
of religion, race, caste or class.
Article 24 (Prohibition of Employment of Children in Factories etc.):
Article 24 prohibits the employment of children below the age of 14 years in
any factory, mine or other haz
railway. The Child Labour (Prohibition and Regulation) Act of 1986 designates 
a child as a person who has not completed their 14th year of age
However, the Child labour 
prohibition on employment or work of children below 14 years and also 
prohibits employment of adolescents (14
and processes. A child is permitted to work only to help family, in family 
enterprise or as child artist afte
The amendment has introduced the concept of adolescent labour for the first 
time. An adolescent has been defined as a person between the ages of 14
years. A child is permitted to work only to help family, in family e
 
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour):
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
similar forms of forced labour. This right is available to both citizens as well as 
ts the individual not only against the State but also against 
The expression ‘traffic in human beings’ include (a) selling and buying of
women and children like goods; (b) immoral traffic in women and
(c) devadasis; and (d) slavery. To punish these acts, the 
Parliament has made the Immoral Traffic (Prevention) Act, 1956. 
as per the Right includes not only physical or legal
also force arising from the compulsion of economic circumstances,
working for less than the minimum wage. In this regard, the Bonded
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the
Labour Act, 1970 and the Equal Remuneration Act, 1976 were made.
s for an exception to this provision. It permits the
impose compulsory service for public purposes, as for example, military service 
or social service, for which it is not bound to pay. However, in imposing such 
service, the State is not permitted to make any discrimination on grounds only 
of religion, race, caste or class. 
Article 24 (Prohibition of Employment of Children in Factories etc.):
Article 24 prohibits the employment of children below the age of 14 years in
any factory, mine or other hazardous activities like construction work or
The Child Labour (Prohibition and Regulation) Act of 1986 designates 
child as a person who has not completed their 14th year of age. 
However, the Child labour (Amendment) Act 2016 provides for complet
prohibition on employment or work of children below 14 years and also 
prohibits employment of adolescents (14-18 years) in hazardous occupations 
A child is permitted to work only to help family, in family 
enterprise or as child artist after school hours or during vacations.  
The amendment has introduced the concept of adolescent labour for the first 
adolescent has been defined as a person between the ages of 14
A child is permitted to work only to help family, in family e
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour): 
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
This right is available to both citizens as well as 
but also against 
The expression ‘traffic in human beings’ include (a) selling and buying of men, 
women and children like goods; (b) immoral traffic in women and children, 
these acts, the 
includes not only physical or legal force but 
rcumstances, that is, 
working for less than the minimum wage. In this regard, the Bonded Labour 
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the Contract 
made. 
s for an exception to this provision. It permits the State to 
military service 
in imposing such 
discrimination on grounds only 
Article 24 (Prohibition of Employment of Children in Factories etc.): 
Article 24 prohibits the employment of children below the age of 14 years in 
ardous activities like construction work or 
The Child Labour (Prohibition and Regulation) Act of 1986 designates 
  
provides for complete 
prohibition on employment or work of children below 14 years and also 
18 years) in hazardous occupations 
A child is permitted to work only to help family, in family 
The amendment has introduced the concept of adolescent labour for the first 
adolescent has been defined as a person between the ages of 14-18 
A child is permitted to work only to help family, in family enterprise or 
Page 2


 
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour):
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
similar forms of forced labour.
non citizens. It protects the individual not only against the State
private persons. 
The expression ‘traffic in human beings’ include (a) selling and buying of
women and children like goods; (b) immoral traffic in women and
including prostitution; (c) devadasis; and (d) slavery. To punish
Parliament has made the Immoral Traffic (Prevention) Ac
The word ‘force’ as per the Right
also force arising from the compulsion of economic ci
working for less than the minimum wage. In this regard, the Bonded
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the
Labour Act, 1970 and the Equal Remuneration Act, 1976 were
Article 23 also provides for an exception to this provision. It permits the
impose compulsory service for public purposes, as for example,
or social service, for which it is not bound to pay. However,
service, the State is not permitted
of religion, race, caste or class.
Article 24 (Prohibition of Employment of Children in Factories etc.):
Article 24 prohibits the employment of children below the age of 14 years in
any factory, mine or other haz
railway. The Child Labour (Prohibition and Regulation) Act of 1986 designates 
a child as a person who has not completed their 14th year of age
However, the Child labour 
prohibition on employment or work of children below 14 years and also 
prohibits employment of adolescents (14
and processes. A child is permitted to work only to help family, in family 
enterprise or as child artist afte
The amendment has introduced the concept of adolescent labour for the first 
time. An adolescent has been defined as a person between the ages of 14
years. A child is permitted to work only to help family, in family e
 
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour):
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
similar forms of forced labour. This right is available to both citizens as well as 
ts the individual not only against the State but also against 
The expression ‘traffic in human beings’ include (a) selling and buying of
women and children like goods; (b) immoral traffic in women and
(c) devadasis; and (d) slavery. To punish these acts, the 
Parliament has made the Immoral Traffic (Prevention) Act, 1956. 
as per the Right includes not only physical or legal
also force arising from the compulsion of economic circumstances,
working for less than the minimum wage. In this regard, the Bonded
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the
Labour Act, 1970 and the Equal Remuneration Act, 1976 were made.
s for an exception to this provision. It permits the
impose compulsory service for public purposes, as for example, military service 
or social service, for which it is not bound to pay. However, in imposing such 
service, the State is not permitted to make any discrimination on grounds only 
of religion, race, caste or class. 
Article 24 (Prohibition of Employment of Children in Factories etc.):
Article 24 prohibits the employment of children below the age of 14 years in
any factory, mine or other hazardous activities like construction work or
The Child Labour (Prohibition and Regulation) Act of 1986 designates 
child as a person who has not completed their 14th year of age. 
However, the Child labour (Amendment) Act 2016 provides for complet
prohibition on employment or work of children below 14 years and also 
prohibits employment of adolescents (14-18 years) in hazardous occupations 
A child is permitted to work only to help family, in family 
enterprise or as child artist after school hours or during vacations.  
The amendment has introduced the concept of adolescent labour for the first 
adolescent has been defined as a person between the ages of 14
A child is permitted to work only to help family, in family e
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour): 
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
This right is available to both citizens as well as 
but also against 
The expression ‘traffic in human beings’ include (a) selling and buying of men, 
women and children like goods; (b) immoral traffic in women and children, 
these acts, the 
includes not only physical or legal force but 
rcumstances, that is, 
working for less than the minimum wage. In this regard, the Bonded Labour 
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the Contract 
made. 
s for an exception to this provision. It permits the State to 
military service 
in imposing such 
discrimination on grounds only 
Article 24 (Prohibition of Employment of Children in Factories etc.): 
Article 24 prohibits the employment of children below the age of 14 years in 
ardous activities like construction work or 
The Child Labour (Prohibition and Regulation) Act of 1986 designates 
  
provides for complete 
prohibition on employment or work of children below 14 years and also 
18 years) in hazardous occupations 
A child is permitted to work only to help family, in family 
The amendment has introduced the concept of adolescent labour for the first 
adolescent has been defined as a person between the ages of 14-18 
A child is permitted to work only to help family, in family enterprise or 
 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
been defined as a person between the ages of 14
It provides for setting up of 
Fund in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
from the employers. The Act provides for increa
which shall not be less than 6 months and may extend upto 2 years and fine 
which may vary between Rs.20, 000 to Rs. 50,000.
To ensure effective enforcement of the provisions of the Child Labour Act and 
smooth implementation of 
Scheme a separate online portal 
Enforcement for No Child Labour) 
Central Government to State Government(s), District(s) and all District Project
Societies. 
Article 25 (Freedom of Conscience and Free Profession, Practice and 
Propagation of Religion): 
to freedom of conscience and the right to freely profess, practice and propagate 
religion. The implications of these are:
(a) Freedom of conscience
relation with God or Creatures in whatever way he desires.
(b) Right to profess
openly and freely. 
(c) Right to practice:
ceremonies and exhibition of beliefs and ideas.
(d) Right to propagate
religious beliefs to others or exposition of the tenets of one’s religion. 
But, it does not include a right to convert another person to one’s own 
religion. Forcible conversions impinge on the ‘freedom of conscience’ 
guaranteed to all the persons alike.
 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
been defined as a person between the ages of 14-18 years. 
It provides for setting up of the Child and Adolescent Labour Rehabilitation 
in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
from the employers. The Act provides for increased penalty and imprisonment 
which shall not be less than 6 months and may extend upto 2 years and fine 
which may vary between Rs.20, 000 to Rs. 50,000. 
To ensure effective enforcement of the provisions of the Child Labour Act and 
smooth implementation of the National Child Labour Project (NCLP) 
a separate online portal PENCIL (Platform for Effective 
Enforcement for No Child Labour) has been developed. The Portal connects 
Central Government to State Government(s), District(s) and all District Project
Article 25 (Freedom of Conscience and Free Profession, Practice and 
 Article 25 says that all persons are equally entitled 
and the right to freely profess, practice and propagate 
mplications of these are: 
(a) Freedom of conscience: Inner freedom of an individual to mould his
relation with God or Creatures in whatever way he desires. 
(b) Right to profess: Declaration of one’s religious beliefs and faith 
to practice: Performance of religious worship, rituals, 
and exhibition of beliefs and ideas. 
(d) Right to propagate: Transmission and dissemination of one’s 
beliefs to others or exposition of the tenets of one’s religion. 
not include a right to convert another person to one’s own 
Forcible conversions impinge on the ‘freedom of conscience’ 
to all the persons alike. 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
Child and Adolescent Labour Rehabilitation 
in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
sed penalty and imprisonment 
which shall not be less than 6 months and may extend upto 2 years and fine 
To ensure effective enforcement of the provisions of the Child Labour Act and 
National Child Labour Project (NCLP) 
PENCIL (Platform for Effective 
has been developed. The Portal connects 
Central Government to State Government(s), District(s) and all District Project 
Article 25 (Freedom of Conscience and Free Profession, Practice and 
Article 25 says that all persons are equally entitled 
and the right to freely profess, practice and propagate 
: Inner freedom of an individual to mould his 
: Declaration of one’s religious beliefs and faith 
Performance of religious worship, rituals, 
: Transmission and dissemination of one’s 
beliefs to others or exposition of the tenets of one’s religion. 
not include a right to convert another person to one’s own 
Forcible conversions impinge on the ‘freedom of conscience’ 
Page 3


 
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour):
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
similar forms of forced labour.
non citizens. It protects the individual not only against the State
private persons. 
The expression ‘traffic in human beings’ include (a) selling and buying of
women and children like goods; (b) immoral traffic in women and
including prostitution; (c) devadasis; and (d) slavery. To punish
Parliament has made the Immoral Traffic (Prevention) Ac
The word ‘force’ as per the Right
also force arising from the compulsion of economic ci
working for less than the minimum wage. In this regard, the Bonded
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the
Labour Act, 1970 and the Equal Remuneration Act, 1976 were
Article 23 also provides for an exception to this provision. It permits the
impose compulsory service for public purposes, as for example,
or social service, for which it is not bound to pay. However,
service, the State is not permitted
of religion, race, caste or class.
Article 24 (Prohibition of Employment of Children in Factories etc.):
Article 24 prohibits the employment of children below the age of 14 years in
any factory, mine or other haz
railway. The Child Labour (Prohibition and Regulation) Act of 1986 designates 
a child as a person who has not completed their 14th year of age
However, the Child labour 
prohibition on employment or work of children below 14 years and also 
prohibits employment of adolescents (14
and processes. A child is permitted to work only to help family, in family 
enterprise or as child artist afte
The amendment has introduced the concept of adolescent labour for the first 
time. An adolescent has been defined as a person between the ages of 14
years. A child is permitted to work only to help family, in family e
 
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour):
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
similar forms of forced labour. This right is available to both citizens as well as 
ts the individual not only against the State but also against 
The expression ‘traffic in human beings’ include (a) selling and buying of
women and children like goods; (b) immoral traffic in women and
(c) devadasis; and (d) slavery. To punish these acts, the 
Parliament has made the Immoral Traffic (Prevention) Act, 1956. 
as per the Right includes not only physical or legal
also force arising from the compulsion of economic circumstances,
working for less than the minimum wage. In this regard, the Bonded
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the
Labour Act, 1970 and the Equal Remuneration Act, 1976 were made.
s for an exception to this provision. It permits the
impose compulsory service for public purposes, as for example, military service 
or social service, for which it is not bound to pay. However, in imposing such 
service, the State is not permitted to make any discrimination on grounds only 
of religion, race, caste or class. 
Article 24 (Prohibition of Employment of Children in Factories etc.):
Article 24 prohibits the employment of children below the age of 14 years in
any factory, mine or other hazardous activities like construction work or
The Child Labour (Prohibition and Regulation) Act of 1986 designates 
child as a person who has not completed their 14th year of age. 
However, the Child labour (Amendment) Act 2016 provides for complet
prohibition on employment or work of children below 14 years and also 
prohibits employment of adolescents (14-18 years) in hazardous occupations 
A child is permitted to work only to help family, in family 
enterprise or as child artist after school hours or during vacations.  
The amendment has introduced the concept of adolescent labour for the first 
adolescent has been defined as a person between the ages of 14
A child is permitted to work only to help family, in family e
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour): 
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
This right is available to both citizens as well as 
but also against 
The expression ‘traffic in human beings’ include (a) selling and buying of men, 
women and children like goods; (b) immoral traffic in women and children, 
these acts, the 
includes not only physical or legal force but 
rcumstances, that is, 
working for less than the minimum wage. In this regard, the Bonded Labour 
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the Contract 
made. 
s for an exception to this provision. It permits the State to 
military service 
in imposing such 
discrimination on grounds only 
Article 24 (Prohibition of Employment of Children in Factories etc.): 
Article 24 prohibits the employment of children below the age of 14 years in 
ardous activities like construction work or 
The Child Labour (Prohibition and Regulation) Act of 1986 designates 
  
provides for complete 
prohibition on employment or work of children below 14 years and also 
18 years) in hazardous occupations 
A child is permitted to work only to help family, in family 
The amendment has introduced the concept of adolescent labour for the first 
adolescent has been defined as a person between the ages of 14-18 
A child is permitted to work only to help family, in family enterprise or 
 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
been defined as a person between the ages of 14
It provides for setting up of 
Fund in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
from the employers. The Act provides for increa
which shall not be less than 6 months and may extend upto 2 years and fine 
which may vary between Rs.20, 000 to Rs. 50,000.
To ensure effective enforcement of the provisions of the Child Labour Act and 
smooth implementation of 
Scheme a separate online portal 
Enforcement for No Child Labour) 
Central Government to State Government(s), District(s) and all District Project
Societies. 
Article 25 (Freedom of Conscience and Free Profession, Practice and 
Propagation of Religion): 
to freedom of conscience and the right to freely profess, practice and propagate 
religion. The implications of these are:
(a) Freedom of conscience
relation with God or Creatures in whatever way he desires.
(b) Right to profess
openly and freely. 
(c) Right to practice:
ceremonies and exhibition of beliefs and ideas.
(d) Right to propagate
religious beliefs to others or exposition of the tenets of one’s religion. 
But, it does not include a right to convert another person to one’s own 
religion. Forcible conversions impinge on the ‘freedom of conscience’ 
guaranteed to all the persons alike.
 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
been defined as a person between the ages of 14-18 years. 
It provides for setting up of the Child and Adolescent Labour Rehabilitation 
in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
from the employers. The Act provides for increased penalty and imprisonment 
which shall not be less than 6 months and may extend upto 2 years and fine 
which may vary between Rs.20, 000 to Rs. 50,000. 
To ensure effective enforcement of the provisions of the Child Labour Act and 
smooth implementation of the National Child Labour Project (NCLP) 
a separate online portal PENCIL (Platform for Effective 
Enforcement for No Child Labour) has been developed. The Portal connects 
Central Government to State Government(s), District(s) and all District Project
Article 25 (Freedom of Conscience and Free Profession, Practice and 
 Article 25 says that all persons are equally entitled 
and the right to freely profess, practice and propagate 
mplications of these are: 
(a) Freedom of conscience: Inner freedom of an individual to mould his
relation with God or Creatures in whatever way he desires. 
(b) Right to profess: Declaration of one’s religious beliefs and faith 
to practice: Performance of religious worship, rituals, 
and exhibition of beliefs and ideas. 
(d) Right to propagate: Transmission and dissemination of one’s 
beliefs to others or exposition of the tenets of one’s religion. 
not include a right to convert another person to one’s own 
Forcible conversions impinge on the ‘freedom of conscience’ 
to all the persons alike. 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
Child and Adolescent Labour Rehabilitation 
in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
sed penalty and imprisonment 
which shall not be less than 6 months and may extend upto 2 years and fine 
To ensure effective enforcement of the provisions of the Child Labour Act and 
National Child Labour Project (NCLP) 
PENCIL (Platform for Effective 
has been developed. The Portal connects 
Central Government to State Government(s), District(s) and all District Project 
Article 25 (Freedom of Conscience and Free Profession, Practice and 
Article 25 says that all persons are equally entitled 
and the right to freely profess, practice and propagate 
: Inner freedom of an individual to mould his 
: Declaration of one’s religious beliefs and faith 
Performance of religious worship, rituals, 
: Transmission and dissemination of one’s 
beliefs to others or exposition of the tenets of one’s religion. 
not include a right to convert another person to one’s own 
Forcible conversions impinge on the ‘freedom of conscience’ 
 
From the above, it is clear that Article 25 covers not only religious beliefs
(doctrines) but also religious practices (rituals). Moreover, these rights are
available to all persons—citizens as well as non
are subject to public order, morality
fundamental rights. Further, 
(a) regulate or restrict any economic, financial, political or other secular
activity associated with religious practice; and
(b) provide for social welfare and reform or throw open Hindu religious
institutions of a public charac
Article 25 also contains two explanations: one, wearing and carrying of
is to be included in the profession of the Sikh religion; and two, the
this context, include Sikhs, Jains and Buddhists.
Article 26 (Freedom to Manage Religious Affairs):
every religious denomination or any of its section
rights: 
(a) Right to establish a
purposes; 
(b) Right to manage its own affairs in matters of religion;
(c) Right to own and acquire movable and immovable property; and
(d) Right to administer such property in accordance with law.
Article 26 protects collective freedom of religion.
are also subject to public order, morality and health
provisions relating to the Fundamental Rights.
With both individual and collective rights being offered to religious 
communities in India, there has been a need to maintain a d
responsibility for which has 
B.R. Ambedkar remarked in the Constituent Assembly debates that 
notwithstanding the existence of minority and group rights in the Constitution, 
its basic unit was the individual
Ambedkar was responding to repeated attempts in the Constituent Assembly to 
 
From the above, it is clear that Article 25 covers not only religious beliefs
but also religious practices (rituals). Moreover, these rights are
citizens as well as non-citizens. However, these rights 
are subject to public order, morality, health and other provisions relating to 
fundamental rights. Further, the State is permitted to: 
(a) regulate or restrict any economic, financial, political or other secular
activity associated with religious practice; and 
(b) provide for social welfare and reform or throw open Hindu religious
institutions of a public character to all classes and sections of Hindus.
Article 25 also contains two explanations: one, wearing and carrying of
is to be included in the profession of the Sikh religion; and two, the
this context, include Sikhs, Jains and Buddhists. 
rticle 26 (Freedom to Manage Religious Affairs): According to Article 26, 
every religious denomination or any of its section shall have the following 
(a) Right to establish and maintain institutions for religious and charitable
to manage its own affairs in matters of religion; 
(c) Right to own and acquire movable and immovable property; and
(d) Right to administer such property in accordance with law. 
protects collective freedom of religion. The rights under Article 26
are also subject to public order, morality and health but not subject to other 
provisions relating to the Fundamental Rights. 
With both individual and collective rights being offered to religious 
communities in India, there has been a need to maintain a delicate balance the 
responsibility for which has largely fallen on the Indian judiciary.  
B.R. Ambedkar remarked in the Constituent Assembly debates that 
notwithstanding the existence of minority and group rights in the Constitution, 
s the individual. Crucially, according to Gautam Bhatia,
Ambedkar was responding to repeated attempts in the Constituent Assembly to 
From the above, it is clear that Article 25 covers not only religious beliefs 
but also religious practices (rituals). Moreover, these rights are 
However, these rights 
other provisions relating to 
(a) regulate or restrict any economic, financial, political or other secular 
(b) provide for social welfare and reform or throw open Hindu religious 
ter to all classes and sections of Hindus. 
Article 25 also contains two explanations: one, wearing and carrying of kirpans 
is to be included in the profession of the Sikh religion; and two, the Hindus, in 
According to Article 26, 
shall have the following 
tions for religious and charitable 
(c) Right to own and acquire movable and immovable property; and 
 
rights under Article 26 
but not subject to other 
With both individual and collective rights being offered to religious 
elicate balance the 
B.R. Ambedkar remarked in the Constituent Assembly debates that that 
notwithstanding the existence of minority and group rights in the Constitution, 
Gautam Bhatia, 
Ambedkar was responding to repeated attempts in the Constituent Assembly to 
Page 4


 
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour):
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
similar forms of forced labour.
non citizens. It protects the individual not only against the State
private persons. 
The expression ‘traffic in human beings’ include (a) selling and buying of
women and children like goods; (b) immoral traffic in women and
including prostitution; (c) devadasis; and (d) slavery. To punish
Parliament has made the Immoral Traffic (Prevention) Ac
The word ‘force’ as per the Right
also force arising from the compulsion of economic ci
working for less than the minimum wage. In this regard, the Bonded
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the
Labour Act, 1970 and the Equal Remuneration Act, 1976 were
Article 23 also provides for an exception to this provision. It permits the
impose compulsory service for public purposes, as for example,
or social service, for which it is not bound to pay. However,
service, the State is not permitted
of religion, race, caste or class.
Article 24 (Prohibition of Employment of Children in Factories etc.):
Article 24 prohibits the employment of children below the age of 14 years in
any factory, mine or other haz
railway. The Child Labour (Prohibition and Regulation) Act of 1986 designates 
a child as a person who has not completed their 14th year of age
However, the Child labour 
prohibition on employment or work of children below 14 years and also 
prohibits employment of adolescents (14
and processes. A child is permitted to work only to help family, in family 
enterprise or as child artist afte
The amendment has introduced the concept of adolescent labour for the first 
time. An adolescent has been defined as a person between the ages of 14
years. A child is permitted to work only to help family, in family e
 
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour):
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
similar forms of forced labour. This right is available to both citizens as well as 
ts the individual not only against the State but also against 
The expression ‘traffic in human beings’ include (a) selling and buying of
women and children like goods; (b) immoral traffic in women and
(c) devadasis; and (d) slavery. To punish these acts, the 
Parliament has made the Immoral Traffic (Prevention) Act, 1956. 
as per the Right includes not only physical or legal
also force arising from the compulsion of economic circumstances,
working for less than the minimum wage. In this regard, the Bonded
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the
Labour Act, 1970 and the Equal Remuneration Act, 1976 were made.
s for an exception to this provision. It permits the
impose compulsory service for public purposes, as for example, military service 
or social service, for which it is not bound to pay. However, in imposing such 
service, the State is not permitted to make any discrimination on grounds only 
of religion, race, caste or class. 
Article 24 (Prohibition of Employment of Children in Factories etc.):
Article 24 prohibits the employment of children below the age of 14 years in
any factory, mine or other hazardous activities like construction work or
The Child Labour (Prohibition and Regulation) Act of 1986 designates 
child as a person who has not completed their 14th year of age. 
However, the Child labour (Amendment) Act 2016 provides for complet
prohibition on employment or work of children below 14 years and also 
prohibits employment of adolescents (14-18 years) in hazardous occupations 
A child is permitted to work only to help family, in family 
enterprise or as child artist after school hours or during vacations.  
The amendment has introduced the concept of adolescent labour for the first 
adolescent has been defined as a person between the ages of 14
A child is permitted to work only to help family, in family e
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour): 
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
This right is available to both citizens as well as 
but also against 
The expression ‘traffic in human beings’ include (a) selling and buying of men, 
women and children like goods; (b) immoral traffic in women and children, 
these acts, the 
includes not only physical or legal force but 
rcumstances, that is, 
working for less than the minimum wage. In this regard, the Bonded Labour 
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the Contract 
made. 
s for an exception to this provision. It permits the State to 
military service 
in imposing such 
discrimination on grounds only 
Article 24 (Prohibition of Employment of Children in Factories etc.): 
Article 24 prohibits the employment of children below the age of 14 years in 
ardous activities like construction work or 
The Child Labour (Prohibition and Regulation) Act of 1986 designates 
  
provides for complete 
prohibition on employment or work of children below 14 years and also 
18 years) in hazardous occupations 
A child is permitted to work only to help family, in family 
The amendment has introduced the concept of adolescent labour for the first 
adolescent has been defined as a person between the ages of 14-18 
A child is permitted to work only to help family, in family enterprise or 
 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
been defined as a person between the ages of 14
It provides for setting up of 
Fund in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
from the employers. The Act provides for increa
which shall not be less than 6 months and may extend upto 2 years and fine 
which may vary between Rs.20, 000 to Rs. 50,000.
To ensure effective enforcement of the provisions of the Child Labour Act and 
smooth implementation of 
Scheme a separate online portal 
Enforcement for No Child Labour) 
Central Government to State Government(s), District(s) and all District Project
Societies. 
Article 25 (Freedom of Conscience and Free Profession, Practice and 
Propagation of Religion): 
to freedom of conscience and the right to freely profess, practice and propagate 
religion. The implications of these are:
(a) Freedom of conscience
relation with God or Creatures in whatever way he desires.
(b) Right to profess
openly and freely. 
(c) Right to practice:
ceremonies and exhibition of beliefs and ideas.
(d) Right to propagate
religious beliefs to others or exposition of the tenets of one’s religion. 
But, it does not include a right to convert another person to one’s own 
religion. Forcible conversions impinge on the ‘freedom of conscience’ 
guaranteed to all the persons alike.
 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
been defined as a person between the ages of 14-18 years. 
It provides for setting up of the Child and Adolescent Labour Rehabilitation 
in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
from the employers. The Act provides for increased penalty and imprisonment 
which shall not be less than 6 months and may extend upto 2 years and fine 
which may vary between Rs.20, 000 to Rs. 50,000. 
To ensure effective enforcement of the provisions of the Child Labour Act and 
smooth implementation of the National Child Labour Project (NCLP) 
a separate online portal PENCIL (Platform for Effective 
Enforcement for No Child Labour) has been developed. The Portal connects 
Central Government to State Government(s), District(s) and all District Project
Article 25 (Freedom of Conscience and Free Profession, Practice and 
 Article 25 says that all persons are equally entitled 
and the right to freely profess, practice and propagate 
mplications of these are: 
(a) Freedom of conscience: Inner freedom of an individual to mould his
relation with God or Creatures in whatever way he desires. 
(b) Right to profess: Declaration of one’s religious beliefs and faith 
to practice: Performance of religious worship, rituals, 
and exhibition of beliefs and ideas. 
(d) Right to propagate: Transmission and dissemination of one’s 
beliefs to others or exposition of the tenets of one’s religion. 
not include a right to convert another person to one’s own 
Forcible conversions impinge on the ‘freedom of conscience’ 
to all the persons alike. 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
Child and Adolescent Labour Rehabilitation 
in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
sed penalty and imprisonment 
which shall not be less than 6 months and may extend upto 2 years and fine 
To ensure effective enforcement of the provisions of the Child Labour Act and 
National Child Labour Project (NCLP) 
PENCIL (Platform for Effective 
has been developed. The Portal connects 
Central Government to State Government(s), District(s) and all District Project 
Article 25 (Freedom of Conscience and Free Profession, Practice and 
Article 25 says that all persons are equally entitled 
and the right to freely profess, practice and propagate 
: Inner freedom of an individual to mould his 
: Declaration of one’s religious beliefs and faith 
Performance of religious worship, rituals, 
: Transmission and dissemination of one’s 
beliefs to others or exposition of the tenets of one’s religion. 
not include a right to convert another person to one’s own 
Forcible conversions impinge on the ‘freedom of conscience’ 
 
From the above, it is clear that Article 25 covers not only religious beliefs
(doctrines) but also religious practices (rituals). Moreover, these rights are
available to all persons—citizens as well as non
are subject to public order, morality
fundamental rights. Further, 
(a) regulate or restrict any economic, financial, political or other secular
activity associated with religious practice; and
(b) provide for social welfare and reform or throw open Hindu religious
institutions of a public charac
Article 25 also contains two explanations: one, wearing and carrying of
is to be included in the profession of the Sikh religion; and two, the
this context, include Sikhs, Jains and Buddhists.
Article 26 (Freedom to Manage Religious Affairs):
every religious denomination or any of its section
rights: 
(a) Right to establish a
purposes; 
(b) Right to manage its own affairs in matters of religion;
(c) Right to own and acquire movable and immovable property; and
(d) Right to administer such property in accordance with law.
Article 26 protects collective freedom of religion.
are also subject to public order, morality and health
provisions relating to the Fundamental Rights.
With both individual and collective rights being offered to religious 
communities in India, there has been a need to maintain a d
responsibility for which has 
B.R. Ambedkar remarked in the Constituent Assembly debates that 
notwithstanding the existence of minority and group rights in the Constitution, 
its basic unit was the individual
Ambedkar was responding to repeated attempts in the Constituent Assembly to 
 
From the above, it is clear that Article 25 covers not only religious beliefs
but also religious practices (rituals). Moreover, these rights are
citizens as well as non-citizens. However, these rights 
are subject to public order, morality, health and other provisions relating to 
fundamental rights. Further, the State is permitted to: 
(a) regulate or restrict any economic, financial, political or other secular
activity associated with religious practice; and 
(b) provide for social welfare and reform or throw open Hindu religious
institutions of a public character to all classes and sections of Hindus.
Article 25 also contains two explanations: one, wearing and carrying of
is to be included in the profession of the Sikh religion; and two, the
this context, include Sikhs, Jains and Buddhists. 
rticle 26 (Freedom to Manage Religious Affairs): According to Article 26, 
every religious denomination or any of its section shall have the following 
(a) Right to establish and maintain institutions for religious and charitable
to manage its own affairs in matters of religion; 
(c) Right to own and acquire movable and immovable property; and
(d) Right to administer such property in accordance with law. 
protects collective freedom of religion. The rights under Article 26
are also subject to public order, morality and health but not subject to other 
provisions relating to the Fundamental Rights. 
With both individual and collective rights being offered to religious 
communities in India, there has been a need to maintain a delicate balance the 
responsibility for which has largely fallen on the Indian judiciary.  
B.R. Ambedkar remarked in the Constituent Assembly debates that 
notwithstanding the existence of minority and group rights in the Constitution, 
s the individual. Crucially, according to Gautam Bhatia,
Ambedkar was responding to repeated attempts in the Constituent Assembly to 
From the above, it is clear that Article 25 covers not only religious beliefs 
but also religious practices (rituals). Moreover, these rights are 
However, these rights 
other provisions relating to 
(a) regulate or restrict any economic, financial, political or other secular 
(b) provide for social welfare and reform or throw open Hindu religious 
ter to all classes and sections of Hindus. 
Article 25 also contains two explanations: one, wearing and carrying of kirpans 
is to be included in the profession of the Sikh religion; and two, the Hindus, in 
According to Article 26, 
shall have the following 
tions for religious and charitable 
(c) Right to own and acquire movable and immovable property; and 
 
rights under Article 26 
but not subject to other 
With both individual and collective rights being offered to religious 
elicate balance the 
B.R. Ambedkar remarked in the Constituent Assembly debates that that 
notwithstanding the existence of minority and group rights in the Constitution, 
Gautam Bhatia, 
Ambedkar was responding to repeated attempts in the Constituent Assembly to 
 
insulate personal laws from State interference by making them a part of the 
right to freedom of religion. 
The idea of reform in context of India could not follow a liberal ‘neutral’ stand 
and both the Constitution and Judiciary have understood the same. 
Judiciary in aiding the Constitution in its reformist intentions has developed 
three-step test (religious/secular, es
superstitious) which allows it to separate “essential" from “inessential" religious 
practices, and accord protection only to the former.
A seven-judge Bench of the Supreme Court invented the 
“essentiality” in the Shirur Mutt case in 1954. The court held that the term 
“religion” will cover all rituals and practices “integral” to a religion, and took 
upon itself the responsibility of determining the essential and non
practices of a religion. The Judiciary has applied this test to practices like 
santhara of Jains. This question was also raised with regard to triple talaq or 
talaq-e-biddat. Supreme Court 
feature of Islam and that Muslims can even pray in the open.
Furthermore, the Supreme Court has also laid down conditions to qualify as a 
religious denomination, which include:
(a) It should be a collection of individuals who have a system of beliefs
(doctrines) which they regard as conducive to their spiritual well
(b) It should have a common organisation; and
(c) It should be designated by a distinctive name.
Under the above criteria, the Supreme Court held that the ‘Ramakrishna
Mission’ and ‘Ananda Marga’ are religious den
Religion, while Aurobindo S
Article 27 (Freedom from Taxation for Promotion of a Religion
lays down that no person shall be compelled to pay any taxes for
or maintenance of any particular religion or religious
favouring one religion over another but allows use of ta
maintenance of all religions.
 
insulate personal laws from State interference by making them a part of the 
 
m in context of India could not follow a liberal ‘neutral’ stand 
and both the Constitution and Judiciary have understood the same. 
Judiciary in aiding the Constitution in its reformist intentions has developed 
step test (religious/secular, essential/inessential, actually religious/merely 
superstitious) which allows it to separate “essential" from “inessential" religious 
practices, and accord protection only to the former. 
judge Bench of the Supreme Court invented the doctrine of 
in the Shirur Mutt case in 1954. The court held that the term 
“religion” will cover all rituals and practices “integral” to a religion, and took 
upon itself the responsibility of determining the essential and non
The Judiciary has applied this test to practices like 
santhara of Jains. This question was also raised with regard to triple talaq or 
eme Court has held that a ‘mosque’ is not an essential 
feature of Islam and that Muslims can even pray in the open. 
Furthermore, the Supreme Court has also laid down conditions to qualify as a 
religious denomination, which include: 
(a) It should be a collection of individuals who have a system of beliefs
(doctrines) which they regard as conducive to their spiritual well-being;
(b) It should have a common organisation; and 
(c) It should be designated by a distinctive name. 
Under the above criteria, the Supreme Court held that the ‘Ramakrishna
Mission’ and ‘Ananda Marga’ are religious denominations within the Hindu
while Aurobindo Society is not.  
Freedom from Taxation for Promotion of a Religion):
lays down that no person shall be compelled to pay any taxes for the promotion 
or maintenance of any particular religion or religious denomination.
favouring one religion over another but allows use of taxes for the prom
maintenance of all religions. 
insulate personal laws from State interference by making them a part of the 
m in context of India could not follow a liberal ‘neutral’ stand 
and both the Constitution and Judiciary have understood the same. The 
Judiciary in aiding the Constitution in its reformist intentions has developed the 
sential/inessential, actually religious/merely 
superstitious) which allows it to separate “essential" from “inessential" religious 
doctrine of 
in the Shirur Mutt case in 1954. The court held that the term 
“religion” will cover all rituals and practices “integral” to a religion, and took 
upon itself the responsibility of determining the essential and non-essential 
The Judiciary has applied this test to practices like 
santhara of Jains. This question was also raised with regard to triple talaq or 
has held that a ‘mosque’ is not an essential 
Furthermore, the Supreme Court has also laid down conditions to qualify as a 
(a) It should be a collection of individuals who have a system of beliefs 
being; 
Under the above criteria, the Supreme Court held that the ‘Ramakrishna 
ominations within the Hindu 
): Article 27 
the promotion 
denomination. It curtails 
for the promotion or 
Page 5


 
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour):
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
similar forms of forced labour.
non citizens. It protects the individual not only against the State
private persons. 
The expression ‘traffic in human beings’ include (a) selling and buying of
women and children like goods; (b) immoral traffic in women and
including prostitution; (c) devadasis; and (d) slavery. To punish
Parliament has made the Immoral Traffic (Prevention) Ac
The word ‘force’ as per the Right
also force arising from the compulsion of economic ci
working for less than the minimum wage. In this regard, the Bonded
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the
Labour Act, 1970 and the Equal Remuneration Act, 1976 were
Article 23 also provides for an exception to this provision. It permits the
impose compulsory service for public purposes, as for example,
or social service, for which it is not bound to pay. However,
service, the State is not permitted
of religion, race, caste or class.
Article 24 (Prohibition of Employment of Children in Factories etc.):
Article 24 prohibits the employment of children below the age of 14 years in
any factory, mine or other haz
railway. The Child Labour (Prohibition and Regulation) Act of 1986 designates 
a child as a person who has not completed their 14th year of age
However, the Child labour 
prohibition on employment or work of children below 14 years and also 
prohibits employment of adolescents (14
and processes. A child is permitted to work only to help family, in family 
enterprise or as child artist afte
The amendment has introduced the concept of adolescent labour for the first 
time. An adolescent has been defined as a person between the ages of 14
years. A child is permitted to work only to help family, in family e
 
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour):
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
similar forms of forced labour. This right is available to both citizens as well as 
ts the individual not only against the State but also against 
The expression ‘traffic in human beings’ include (a) selling and buying of
women and children like goods; (b) immoral traffic in women and
(c) devadasis; and (d) slavery. To punish these acts, the 
Parliament has made the Immoral Traffic (Prevention) Act, 1956. 
as per the Right includes not only physical or legal
also force arising from the compulsion of economic circumstances,
working for less than the minimum wage. In this regard, the Bonded
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the
Labour Act, 1970 and the Equal Remuneration Act, 1976 were made.
s for an exception to this provision. It permits the
impose compulsory service for public purposes, as for example, military service 
or social service, for which it is not bound to pay. However, in imposing such 
service, the State is not permitted to make any discrimination on grounds only 
of religion, race, caste or class. 
Article 24 (Prohibition of Employment of Children in Factories etc.):
Article 24 prohibits the employment of children below the age of 14 years in
any factory, mine or other hazardous activities like construction work or
The Child Labour (Prohibition and Regulation) Act of 1986 designates 
child as a person who has not completed their 14th year of age. 
However, the Child labour (Amendment) Act 2016 provides for complet
prohibition on employment or work of children below 14 years and also 
prohibits employment of adolescents (14-18 years) in hazardous occupations 
A child is permitted to work only to help family, in family 
enterprise or as child artist after school hours or during vacations.  
The amendment has introduced the concept of adolescent labour for the first 
adolescent has been defined as a person between the ages of 14
A child is permitted to work only to help family, in family e
Article 23 (Prohibition of Traffic in Human Beings and Forced Labour): 
Article 23 prohibits traffic in human beings, begar (forced labour) and other 
This right is available to both citizens as well as 
but also against 
The expression ‘traffic in human beings’ include (a) selling and buying of men, 
women and children like goods; (b) immoral traffic in women and children, 
these acts, the 
includes not only physical or legal force but 
rcumstances, that is, 
working for less than the minimum wage. In this regard, the Bonded Labour 
System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the Contract 
made. 
s for an exception to this provision. It permits the State to 
military service 
in imposing such 
discrimination on grounds only 
Article 24 (Prohibition of Employment of Children in Factories etc.): 
Article 24 prohibits the employment of children below the age of 14 years in 
ardous activities like construction work or 
The Child Labour (Prohibition and Regulation) Act of 1986 designates 
  
provides for complete 
prohibition on employment or work of children below 14 years and also 
18 years) in hazardous occupations 
A child is permitted to work only to help family, in family 
The amendment has introduced the concept of adolescent labour for the first 
adolescent has been defined as a person between the ages of 14-18 
A child is permitted to work only to help family, in family enterprise or 
 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
been defined as a person between the ages of 14
It provides for setting up of 
Fund in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
from the employers. The Act provides for increa
which shall not be less than 6 months and may extend upto 2 years and fine 
which may vary between Rs.20, 000 to Rs. 50,000.
To ensure effective enforcement of the provisions of the Child Labour Act and 
smooth implementation of 
Scheme a separate online portal 
Enforcement for No Child Labour) 
Central Government to State Government(s), District(s) and all District Project
Societies. 
Article 25 (Freedom of Conscience and Free Profession, Practice and 
Propagation of Religion): 
to freedom of conscience and the right to freely profess, practice and propagate 
religion. The implications of these are:
(a) Freedom of conscience
relation with God or Creatures in whatever way he desires.
(b) Right to profess
openly and freely. 
(c) Right to practice:
ceremonies and exhibition of beliefs and ideas.
(d) Right to propagate
religious beliefs to others or exposition of the tenets of one’s religion. 
But, it does not include a right to convert another person to one’s own 
religion. Forcible conversions impinge on the ‘freedom of conscience’ 
guaranteed to all the persons alike.
 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
been defined as a person between the ages of 14-18 years. 
It provides for setting up of the Child and Adolescent Labour Rehabilitation 
in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
from the employers. The Act provides for increased penalty and imprisonment 
which shall not be less than 6 months and may extend upto 2 years and fine 
which may vary between Rs.20, 000 to Rs. 50,000. 
To ensure effective enforcement of the provisions of the Child Labour Act and 
smooth implementation of the National Child Labour Project (NCLP) 
a separate online portal PENCIL (Platform for Effective 
Enforcement for No Child Labour) has been developed. The Portal connects 
Central Government to State Government(s), District(s) and all District Project
Article 25 (Freedom of Conscience and Free Profession, Practice and 
 Article 25 says that all persons are equally entitled 
and the right to freely profess, practice and propagate 
mplications of these are: 
(a) Freedom of conscience: Inner freedom of an individual to mould his
relation with God or Creatures in whatever way he desires. 
(b) Right to profess: Declaration of one’s religious beliefs and faith 
to practice: Performance of religious worship, rituals, 
and exhibition of beliefs and ideas. 
(d) Right to propagate: Transmission and dissemination of one’s 
beliefs to others or exposition of the tenets of one’s religion. 
not include a right to convert another person to one’s own 
Forcible conversions impinge on the ‘freedom of conscience’ 
to all the persons alike. 
as child artist after school hours or during vacations. The amendment has 
introduced the concept of adolescent labour for the first time. An adolescent has 
Child and Adolescent Labour Rehabilitation 
in which all the amounts of penalty have to be realised. Liability has been 
affixed upon the parents and guardian of the affected child/children separately 
sed penalty and imprisonment 
which shall not be less than 6 months and may extend upto 2 years and fine 
To ensure effective enforcement of the provisions of the Child Labour Act and 
National Child Labour Project (NCLP) 
PENCIL (Platform for Effective 
has been developed. The Portal connects 
Central Government to State Government(s), District(s) and all District Project 
Article 25 (Freedom of Conscience and Free Profession, Practice and 
Article 25 says that all persons are equally entitled 
and the right to freely profess, practice and propagate 
: Inner freedom of an individual to mould his 
: Declaration of one’s religious beliefs and faith 
Performance of religious worship, rituals, 
: Transmission and dissemination of one’s 
beliefs to others or exposition of the tenets of one’s religion. 
not include a right to convert another person to one’s own 
Forcible conversions impinge on the ‘freedom of conscience’ 
 
From the above, it is clear that Article 25 covers not only religious beliefs
(doctrines) but also religious practices (rituals). Moreover, these rights are
available to all persons—citizens as well as non
are subject to public order, morality
fundamental rights. Further, 
(a) regulate or restrict any economic, financial, political or other secular
activity associated with religious practice; and
(b) provide for social welfare and reform or throw open Hindu religious
institutions of a public charac
Article 25 also contains two explanations: one, wearing and carrying of
is to be included in the profession of the Sikh religion; and two, the
this context, include Sikhs, Jains and Buddhists.
Article 26 (Freedom to Manage Religious Affairs):
every religious denomination or any of its section
rights: 
(a) Right to establish a
purposes; 
(b) Right to manage its own affairs in matters of religion;
(c) Right to own and acquire movable and immovable property; and
(d) Right to administer such property in accordance with law.
Article 26 protects collective freedom of religion.
are also subject to public order, morality and health
provisions relating to the Fundamental Rights.
With both individual and collective rights being offered to religious 
communities in India, there has been a need to maintain a d
responsibility for which has 
B.R. Ambedkar remarked in the Constituent Assembly debates that 
notwithstanding the existence of minority and group rights in the Constitution, 
its basic unit was the individual
Ambedkar was responding to repeated attempts in the Constituent Assembly to 
 
From the above, it is clear that Article 25 covers not only religious beliefs
but also religious practices (rituals). Moreover, these rights are
citizens as well as non-citizens. However, these rights 
are subject to public order, morality, health and other provisions relating to 
fundamental rights. Further, the State is permitted to: 
(a) regulate or restrict any economic, financial, political or other secular
activity associated with religious practice; and 
(b) provide for social welfare and reform or throw open Hindu religious
institutions of a public character to all classes and sections of Hindus.
Article 25 also contains two explanations: one, wearing and carrying of
is to be included in the profession of the Sikh religion; and two, the
this context, include Sikhs, Jains and Buddhists. 
rticle 26 (Freedom to Manage Religious Affairs): According to Article 26, 
every religious denomination or any of its section shall have the following 
(a) Right to establish and maintain institutions for religious and charitable
to manage its own affairs in matters of religion; 
(c) Right to own and acquire movable and immovable property; and
(d) Right to administer such property in accordance with law. 
protects collective freedom of religion. The rights under Article 26
are also subject to public order, morality and health but not subject to other 
provisions relating to the Fundamental Rights. 
With both individual and collective rights being offered to religious 
communities in India, there has been a need to maintain a delicate balance the 
responsibility for which has largely fallen on the Indian judiciary.  
B.R. Ambedkar remarked in the Constituent Assembly debates that 
notwithstanding the existence of minority and group rights in the Constitution, 
s the individual. Crucially, according to Gautam Bhatia,
Ambedkar was responding to repeated attempts in the Constituent Assembly to 
From the above, it is clear that Article 25 covers not only religious beliefs 
but also religious practices (rituals). Moreover, these rights are 
However, these rights 
other provisions relating to 
(a) regulate or restrict any economic, financial, political or other secular 
(b) provide for social welfare and reform or throw open Hindu religious 
ter to all classes and sections of Hindus. 
Article 25 also contains two explanations: one, wearing and carrying of kirpans 
is to be included in the profession of the Sikh religion; and two, the Hindus, in 
According to Article 26, 
shall have the following 
tions for religious and charitable 
(c) Right to own and acquire movable and immovable property; and 
 
rights under Article 26 
but not subject to other 
With both individual and collective rights being offered to religious 
elicate balance the 
B.R. Ambedkar remarked in the Constituent Assembly debates that that 
notwithstanding the existence of minority and group rights in the Constitution, 
Gautam Bhatia, 
Ambedkar was responding to repeated attempts in the Constituent Assembly to 
 
insulate personal laws from State interference by making them a part of the 
right to freedom of religion. 
The idea of reform in context of India could not follow a liberal ‘neutral’ stand 
and both the Constitution and Judiciary have understood the same. 
Judiciary in aiding the Constitution in its reformist intentions has developed 
three-step test (religious/secular, es
superstitious) which allows it to separate “essential" from “inessential" religious 
practices, and accord protection only to the former.
A seven-judge Bench of the Supreme Court invented the 
“essentiality” in the Shirur Mutt case in 1954. The court held that the term 
“religion” will cover all rituals and practices “integral” to a religion, and took 
upon itself the responsibility of determining the essential and non
practices of a religion. The Judiciary has applied this test to practices like 
santhara of Jains. This question was also raised with regard to triple talaq or 
talaq-e-biddat. Supreme Court 
feature of Islam and that Muslims can even pray in the open.
Furthermore, the Supreme Court has also laid down conditions to qualify as a 
religious denomination, which include:
(a) It should be a collection of individuals who have a system of beliefs
(doctrines) which they regard as conducive to their spiritual well
(b) It should have a common organisation; and
(c) It should be designated by a distinctive name.
Under the above criteria, the Supreme Court held that the ‘Ramakrishna
Mission’ and ‘Ananda Marga’ are religious den
Religion, while Aurobindo S
Article 27 (Freedom from Taxation for Promotion of a Religion
lays down that no person shall be compelled to pay any taxes for
or maintenance of any particular religion or religious
favouring one religion over another but allows use of ta
maintenance of all religions.
 
insulate personal laws from State interference by making them a part of the 
 
m in context of India could not follow a liberal ‘neutral’ stand 
and both the Constitution and Judiciary have understood the same. 
Judiciary in aiding the Constitution in its reformist intentions has developed 
step test (religious/secular, essential/inessential, actually religious/merely 
superstitious) which allows it to separate “essential" from “inessential" religious 
practices, and accord protection only to the former. 
judge Bench of the Supreme Court invented the doctrine of 
in the Shirur Mutt case in 1954. The court held that the term 
“religion” will cover all rituals and practices “integral” to a religion, and took 
upon itself the responsibility of determining the essential and non
The Judiciary has applied this test to practices like 
santhara of Jains. This question was also raised with regard to triple talaq or 
eme Court has held that a ‘mosque’ is not an essential 
feature of Islam and that Muslims can even pray in the open. 
Furthermore, the Supreme Court has also laid down conditions to qualify as a 
religious denomination, which include: 
(a) It should be a collection of individuals who have a system of beliefs
(doctrines) which they regard as conducive to their spiritual well-being;
(b) It should have a common organisation; and 
(c) It should be designated by a distinctive name. 
Under the above criteria, the Supreme Court held that the ‘Ramakrishna
Mission’ and ‘Ananda Marga’ are religious denominations within the Hindu
while Aurobindo Society is not.  
Freedom from Taxation for Promotion of a Religion):
lays down that no person shall be compelled to pay any taxes for the promotion 
or maintenance of any particular religion or religious denomination.
favouring one religion over another but allows use of taxes for the prom
maintenance of all religions. 
insulate personal laws from State interference by making them a part of the 
m in context of India could not follow a liberal ‘neutral’ stand 
and both the Constitution and Judiciary have understood the same. The 
Judiciary in aiding the Constitution in its reformist intentions has developed the 
sential/inessential, actually religious/merely 
superstitious) which allows it to separate “essential" from “inessential" religious 
doctrine of 
in the Shirur Mutt case in 1954. The court held that the term 
“religion” will cover all rituals and practices “integral” to a religion, and took 
upon itself the responsibility of determining the essential and non-essential 
The Judiciary has applied this test to practices like 
santhara of Jains. This question was also raised with regard to triple talaq or 
has held that a ‘mosque’ is not an essential 
Furthermore, the Supreme Court has also laid down conditions to qualify as a 
(a) It should be a collection of individuals who have a system of beliefs 
being; 
Under the above criteria, the Supreme Court held that the ‘Ramakrishna 
ominations within the Hindu 
): Article 27 
the promotion 
denomination. It curtails 
for the promotion or 
 
This provision prohibits only levy of a tax and not a fee. This is because
purpose of a fee is to control secular administration of religious
not to promote or maintain religion.
Questions regarding Article 27 were 
Act, which provides for grant of a government su
year, in which the Bench ruled that
collected is utilised for providing some conveniences or facilities or concession
to any religious denomination 
only when a substantial part of the tax is utilised for any pa
would Article 27 be violated.”
The Bench (Prafull Goradia vs Union of I
government incurred some expenditure for the Kumbh Mela and the Centre, for 
facilitating Indian citizens to go on pilgrimage to Mansarover, etc. Similarly 
some State governments provided facilities to Hindus and Sikhs to visit temples 
and gurdwaras in Pakistan. 
In 2012, Justice Aftam Alam underlined need 
10 years after which in 2018 the Haj subsidy was scrapped by the Modi 
government. In the case of repair of mosques damaged or demolished during 
2002 riots in Gujarat, the Supreme Court in 2017 overturned the Gujarat High 
Court order asking the government to bear the cost.
allowed the Mamata Banerjee government doling out Rs 28 crore to Durga Puja 
pandals in West Bengal only after it was satisfied that the money would be 
spent through police units and for security purposes.
However, on May 2, 2018, the two judge bench of Justice Arun Mishra and 
Justice U.U. Lalit took notice for the preservation of Shiva in the form of 
‘lingam’. Even the extraordinary jurisdiction of the Supreme Court ‘to do 
complete’ justice under Article 142 of the constitution was invoked to get 
guidelines issued for the preservation of th
Temple in Ujjain.  
Article 28 (Freedom from Attending Religious Instruction
28, no religious instruction shall be provided in any
wholly maintained out of State funds. 
types of educational institutions:
 
ibits only levy of a tax and not a fee. This is because
purpose of a fee is to control secular administration of religious institutions and 
not to promote or maintain religion. 
Questions regarding Article 27 were raised about the validity of Haj Committee 
Act, which provides for grant of a government subsidy for pilgrimage every 
in which the Bench ruled that, “If only a relatively small part of any tax 
collected is utilised for providing some conveniences or facilities or concession
to any religious denomination that would not be violative of Article 27. It is 
only when a substantial part of the tax is utilised for any particular religion 
would Article 27 be violated.” 
afull Goradia vs Union of India) pointed out that the State 
ernment incurred some expenditure for the Kumbh Mela and the Centre, for 
facilitating Indian citizens to go on pilgrimage to Mansarover, etc. Similarly 
some State governments provided facilities to Hindus and Sikhs to visit temples 
 
In 2012, Justice Aftam Alam underlined need to phase out the Haj subsidy in 
years after which in 2018 the Haj subsidy was scrapped by the Modi 
n the case of repair of mosques damaged or demolished during 
2002 riots in Gujarat, the Supreme Court in 2017 overturned the Gujarat High 
Court order asking the government to bear the cost. The Calcutta H
allowed the Mamata Banerjee government doling out Rs 28 crore to Durga Puja 
pandals in West Bengal only after it was satisfied that the money would be 
spent through police units and for security purposes. 
May 2, 2018, the two judge bench of Justice Arun Mishra and 
took notice for the preservation of Shiva in the form of 
‘lingam’. Even the extraordinary jurisdiction of the Supreme Court ‘to do 
complete’ justice under Article 142 of the constitution was invoked to get 
guidelines issued for the preservation of the ‘lingam’ at Mahakaleshwar 
Freedom from Attending Religious Instruction): Under Article 
28, no religious instruction shall be provided in any educational institution 
wholly maintained out of State funds. Article 28 distinguishes between four 
institutions: 
ibits only levy of a tax and not a fee. This is because the 
institutions and 
Haj Committee 
bsidy for pilgrimage every 
latively small part of any tax 
collected is utilised for providing some conveniences or facilities or concessions 
that would not be violative of Article 27. It is 
rticular religion 
pointed out that the State 
ernment incurred some expenditure for the Kumbh Mela and the Centre, for 
facilitating Indian citizens to go on pilgrimage to Mansarover, etc. Similarly 
some State governments provided facilities to Hindus and Sikhs to visit temples 
to phase out the Haj subsidy in 
years after which in 2018 the Haj subsidy was scrapped by the Modi 
n the case of repair of mosques damaged or demolished during 
2002 riots in Gujarat, the Supreme Court in 2017 overturned the Gujarat High 
he Calcutta High Court 
allowed the Mamata Banerjee government doling out Rs 28 crore to Durga Puja 
pandals in West Bengal only after it was satisfied that the money would be 
May 2, 2018, the two judge bench of Justice Arun Mishra and 
took notice for the preservation of Shiva in the form of 
‘lingam’. Even the extraordinary jurisdiction of the Supreme Court ‘to do 
complete’ justice under Article 142 of the constitution was invoked to get 
Mahakaleshwar 
Under Article 
educational institution 
Article 28 distinguishes between four