Right to Religion and it’s Application in India with Reference to Political and Constitutional Scenario
📜 Right to Religion in India: Constitutional Framework
The Right to Religion is a fundamental right guaranteed under Part III of the Indian Constitution, specifically Articles 25 to 28.
Articles Related to Right to Religion:
Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
Article 26: Freedom to manage religious affairs.
Article 27: Freedom from paying taxes for promotion of any particular religion.
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
⚖️ Scope and Limitations
Article 25: Freedom of Religion
Guarantees every person the right to freely profess, practice, and propagate their religion.
This right is subject to public order, morality, health, and other provisions of the Constitution.
The State can regulate secular aspects and practices that violate laws or affect public interest.
Article 26: Management of Religious Affairs
Religious denominations have the right to establish and maintain institutions, manage religious affairs, own property.
Subject to public order and morality.
Restrictions and Balance
The right is not absolute; it must be balanced with rights of others, public interest, and constitutional values.
Secularism underpins the Indian Constitution, meaning no religion is to be favored or discriminated against by the State.
🧑⚖️ Judicial Interpretation and Political Context
The judiciary has played a crucial role in interpreting the right to religion, often navigating tensions between religious freedom and other constitutional principles.
Key Judgments:
1. S.R. Bommai v. Union of India, AIR 1994 SC 1918
Established secularism as a basic feature of the Constitution.
The State must maintain religious neutrality.
Laws or policies favoring or discriminating against a religion violate constitutional principles.
2. Bijoe Emmanuel v. State of Kerala, AIR 1986 SC 180
Held that freedom of conscience and religion protects individual beliefs.
Students refused to sing the national anthem due to religious beliefs; their rights were protected.
3. Shirur Mutt v. State of Karnataka, AIR 1954 SC 197
Recognized the right of religious denominations to manage their own affairs.
The State cannot interfere arbitrarily in religious institutions.
4. Mohd. Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945
Balanced right to religion with constitutional morality and fundamental rights.
Held that Muslim personal law should not override constitutional protections for women's rights.
5. Indian Young Lawyers Association v. State of Kerala (Sabarimala Case), (2018) 10 SCC 1
Held that exclusion of women of menstruating age from temple was unconstitutional.
Religious practices must comply with constitutional morality and equality.
🏛️ Political and Constitutional Scenario
Religion plays a significant role in India’s politics, influencing policies, electoral dynamics, and social harmony.
The Constitution seeks to protect religious freedoms while maintaining secular governance.
Conflicts arise when religious practices or laws clash with fundamental rights or constitutional principles.
The judiciary often mediates, reinforcing that religious freedom cannot be used to justify discrimination or violate other rights.
📌 Summary
The Right to Religion in India is a fundamental right guaranteed under Articles 25-28.
It ensures freedom to profess, practice, propagate religion, and manage religious affairs.
The right is subject to public order, morality, health, and constitutional limitations.
Indian secularism demands equal treatment of all religions by the State.
Courts have struck down religious practices or laws that contravene fundamental rights, equality, or constitutional morality.
The political landscape reflects ongoing tensions between religious freedoms and secular governance, with the judiciary acting as a guardian of constitutional balance.
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