Article 25-28
Articles 25 to 28 are placed under the heading ‘Right to freedom of religion’.
Article 25(1) stipulates that all persons are equally entitled to freedom of conscience, the right to freely profess, practice or propagate religion. This is subject, however, to public order, morality, health and other provisions of Part III of the Constitution.
Clause (2) of Article 25 provides that nothing in Clause (1) would affect the operation of any existing law or prevent the State from enacting a law regulating or restricting any economic, financial, political or secular activity, which may be associated with religious practice, and legislation providing for social welfare reform or opening Hindu religious institutions of public character to all classes and sections of Hindus.
Article 26 guarantees religious denominations or a section of them, the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in the matter of religion, to own and acquire movable and immovable property, and administer such property in accordance with law.
The rights are subject to public order, morality and health.
Article 27 mandates that no one shall be compelled to pay any taxes, the proceeds of which are to be specifically appropriated in payment of expenses for the promotion and maintenance of any particular religion or religious denomination.
Article 28, deals with the rights of individuals and secures to them vide clause (3), the right not to take part in any religious instructions that may be imparted in any educational institution recognised by the State or receiving aid of the State funds. The provision stipulates that a person need not attend religious worship conducted in such institution or any premises attached thereto unless he wishes to do so, and if such person is a minor, upon the consent of his guardian. Clause (1) of Article 28 restricts educational institutions wholly maintained out of the State funds from imparting ‘religious instructions’.
However, clause (2) to Article 28 stipulates that clause (1) will not apply to an educational institution which is administered by the State but was established under an endowment or trust which required religious instruction to be imparted in such institution. The clause recognises the distinction between ‘establishment’ and ‘administration’ of an institution.
Articles 29 and 30
Articles 29 and 30 under the heading ‘Cultural and Educational Rights’, are two provisions which specifically confer rights on a section of citizens residing in the territory of India or a part thereof, having a distinct language, script, or culture.
Clause (1) of Article 29 gives them the right to conserve, secure and extol their language, script or culture. The clause underscores the right to conserve and nurture the language, script or culture.
Clause (2) of Article 29 is a negative right which stipulates that no citizen shall be denied admission on the grounds of religion, race, caste, language, or any of them in any educational institution maintained by the State or receiving aid out of the State funds.
Though the heading of Article 29 states that it is a provision for the protection of the interest of minorities, the substantive portion stipulates that the right is available to “any section of citizens” residing in India and having a distinct language, script or culture of their own. Thus, Article 29 applies to non-minorities as much as it applies to minorities, provided that the sections have a distinct language, script and culture of their own.
Similarly, Articles 25 to 28 also do not make a distinction between majority and minority religious sections. The provisions guarantee the right to freedom of religion to both minorities and non-minorities.
Article 25 recognises the right of all persons to freedom of conscience and the right to freely profess, practice and propagate religion.
Article 26 recognises the right of every religious denomination or any section thereof to manage its religious affairs. The provisions of Article 28 also do not distinguish between a minority and a non-minority educational institution. The provisions apply equally to educational institutions established by religious and linguistic minorities and non-minorities.
The provisions noted above, whether they refer to individual rights or denomination rights are manifestations that India is a pluralistic society with different religions, practices, cultures and languages. These provisions which are in the nature of rights and guarantees, also prescribe the ambit of State interference.