A Short Note on Articles 25(1) And 26(B) of the Indian Constitution | Important Acts and Laws for Judiciary Exams PDF Download

Interpretation of Article 25(1)

• Article 25(1) of the Indian Constitution ensures the "freedom of conscience" and the right to profess, practice, and propagate religion for every individual, with considerations for public order, morality, and health.
• This article guarantees three key aspects: the entitlement of every person, equal entitlement for all, and the freedom of conscience along with the right to practice and propagate religion.
• Freedom of "conscience" refers to the absolute inner freedom of individuals to establish their own connection with their deity in any way they choose. It allows individuals to worship freely and manifest their beliefs outwardly.
• The freedom to practice religion is subject to public order, morality, and health, with the term "public" qualifying these aspects. The term "religion" in Article 25(1) pertains to an individual's personal faith and worship practices.
• Individuals have the liberty to worship not only at any place but also at locations of specific religious significance. Access to such places for worship is protected under Article 25(1).
• Any religious practice that holds significance for a group of individuals and is believed to connect them with a higher power is considered a protected religious practice under Article 25(1).
• Article 25(1) allows individuals the autonomy to determine matters of ultimate importance for themselves and society, granting them personal freedom to practice their beliefs individually or collectively.

Interpretation of Article 26(B)

• Article 26(b) of the Constitution of India grants the right to every religious denomination or a section thereof to manage its own affairs in matters of religion.
• A religious denomination, to be recognized, must meet three conditions: a collection of religious faith, a common faith, and a designation by a distinctive name.
• In the case of a denomination, there must be a shared faith among community members based on religion, with distinct religious tenets.
• The core connection within a denomination should be religion, not considerations of caste or societal status.
• The phrase "matters of religion" in Article 26(b) encompasses practices deemed integral to the community's religion.
• Every religious denomination has the autonomy to determine essential rites and ceremonies according to their religious tenets.

Protection under this Article only extends to essential religious practices

• Essential parts of a religion are fundamental beliefs upon which the religion is founded and major practices necessary to uphold those beliefs.
• The State is responsible for safeguarding these essential religious practices.
• Determining the essentiality of a practice involves assessing whether it is deemed necessary within that religion.
• If a practice is discretionary, it may not be considered essential to the religion.
• A test to ascertain the essentiality of a practice is to evaluate if the religion would change significantly without it.
• The Court can determine if a specific ritual or practice is essential based on the principles of a particular religion.
• Defining what constitutes an integral or essential part of religion should be based on the doctrines, practices, tenets, and historical background of the religion.

Limitations to Article 25(1) And Article 26(B)

• The scope of Article 25(1) focuses on individual rights, while Article 25(2) extends to community rights, governing both Article 25(1) and Article 26(b). In cases where there is a conflict between protecting denominational rights and the state's authority under Article 25(2), the latter takes precedence. Article 25(2)(b) empowers the state to eliminate religious practices that hinder the country's progress. Laws aimed at social welfare are not considered to interfere with the essence of any religion. In conflicts between social welfare needs and religious practices, social welfare is prioritized. Some religious practices, even if considered religious, might be mere superstitions and unnecessary additions to religion.
• Article 25(1) is also constrained by the provisions of Part III of the Constitution. The rights granted to religious denominations under Article 26(b) coexist with other individual freedoms in the Constitution. It is essential to interpret this right in a manner that upholds both the rights of individuals and denominations, ensuring harmony among all rights. Any religious practice that falls outside the protection of Articles 25(1) and 26(b) would be subject to legal consequences. Constitutional legitimacy should take precedence over religious beliefs and practices.

Conclusion

• Articles 25(1) and 26(2) of the Constitution strike a delicate balance between the guaranteed freedom of conscience and the right to religious belief, while also acknowledging intrinsic restrictions in matters of religion, religious beliefs, and practices. Balancing these freedoms can pose challenges for the State, particularly in a diverse country like India where religion holds significant importance to its people.
• Religion, on one hand, serves as the binding force connecting individuals to the supernatural, encompassing various elements such as worship, belief, faith, and rituals. In India, a land of diverse faiths, religious practices are deeply ingrained in the societal fabric and are deeply cherished by many.
• However, the Constitution empowers the State to intervene in religious practices that may hinder the country's progress or social welfare. While this may be necessary, implementing such interventions can be complex. There is a risk that efforts to promote social welfare may inadvertently disrupt social harmony or face resistance from the populace.
• Nevertheless, it is essential for the State to address religious practices that impede the rights of certain groups or hinder overall social progress. Any such intervention should be carried out with sensitivity, considering the religious tenets involved. A comprehensive strategy is needed to raise awareness and facilitate necessary changes while respecting religious beliefs.
• The founders of the Constitution incorporated diverse values to foster human happiness. However, it's crucial to understand the intricate relationship between these values to ensure the creation of a humane and equitable society where the equality of all citizens is upheld. This requires a nuanced approach that respects both religious freedoms and the imperative of social welfare.