CONSTITUTIONAL LAW- I

ASSIGNMENT

Submitted by: Submitted to:

Sunidhi Chauhan (assistant prof.)
BA.LL.B.(H) SOMA CHAKROBORTY
Roll no. 03 ASHISH HALOI
5TH SEMESTER
“Article 25 of the Constitution of India deals with freedom of
conscience and propagation of religion”

Religion is a matter of belief or faith. The constitution of India

recognizes the fact, how important religion is in the life of people of
India and hence, provides for the right to freedom of religion under
Articles 25 to Article 28. The Constitution of India envisages a
secular model and provides that every person has the right and
freedom to choose and practice his or her religion. In a number of
cases, the Apex Court has held that secularism is the basic structure of
the Constitution, the most important being the KESAVANANDA
BHARTI case.  People in India mainly practice Islam, Hinduism,
Jainism, Buddhism, Sikhism and, Christianity. In India, there are
religion-specific laws and Goa is the only state to have a Uniform
Civil Code known as the Goa Civil Code. The Constitution supports
religious harmony which means the people of India show love and
affection to different religions of the country.

Article 25: Freedom of conscience and free profession, practice and

propagation of religion

25(1): Subject to public order, morality and health and to the other

provisions of this Part, all persons are equally entitled to freedom of
conscience and the right freely to profess, practise and propagate
religion.

25(2): Nothing in this article shall affect the operation of any existing

law or prevent the State from making any law— 1

25(2)(a): regulating or restricting any economic, financial, political or

other secular activity which may be associated with religious practice;
25(2)(b): providing for social welfare and reform or the throwing
open of Hindu religious institutions of a public character to all classes
and sections of Hindus.

S. R. Bommai v. Union of India, AIR 1994 SC 1918

The 9 judge bench, in this case, ruled that Secularism is the basic
feature of the Constitution of India. It also observed that religion and
politics cannot be mixed together. If the State follows unsecular
policies or courses of action then it acts contrary to the constitutional
mandate. In a State, all are equal and should be treated equally.
Religion has no place in the matters of State. Freedom of religion as a
fundamental right is guaranteed to all persons in India but from the
point of view of the State, religion, faith, and belief are immaterial. 

Freedom of Religion in India (Art. 25)

Article 25 of the Constitution guarantees freedom of religion to all
persons in India. It provides that all persons in India, subject to public
order, morality, health, and other provisions: 

 Are equally entitled to freedom of conscience, and 

 Have the right to freely profess, practice and propagate
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religion.

It further provides that this article shall not affect any existing law and
shall not prevent the state from making any law relating to:

 Regulation or restriction of any economic, financial, political,

or any secular activity associated with religious practice.
  Providing social welfare and reform.

Doctrine or Belief?
In Hasan Ali vs. Mansoor Ali the Bombay High Court held that
Articles 25 and Article 26 not only prevents doctrines or beliefs of
religion but also the acts done in pursuance of religion. It thus
guarantees ceremonies, modes of worship, rituals, observances, etc
which are an integral part of religion. What is the essential or integral
part of a religion has to be determined in the light of the doctrines and
practices that are regarded by the community as a part of their religion
and also must be included in them

In the case of SP Mittal vs. Union of India, the court held that
Religion need not be theistic. It is not merely an opinion, doctrine or
belief but has an outward expression in the act as well

Triple Talaq: Shayara Bano v. Union of India

Talaq-e-biddat known as triple talaq, a kind of divorce through which

a Muslim man could divorce his wife by uttering the words talaq talaq
talaq. A 5 judges bench of the Supreme Court heard the
3
controversial Triple Talaq case. The main issue, in this case, was
whether the practice of Talaq-e-biddat (triple talaq) is a matter of faith
to the Muslims and whether it is constituent to their personal law. By
a 3:2 majority, the court ruled that the practice of Talaq-e-biddat is
illegal and unconstitutional. The court also held that, an injunction
would continue to bar the Muslim male from practicing triple talaq till
a legislation is enacted for that purpose.

To which the government formulated the Muslim Women (Protection

of Rights on Marriage) Bill, 2017. Later, Muslim Women (Protection
of Rights on Marriage) Ordinance, 2018 was passed.
Restrictions on Freedom of Religion

The Supreme Court in In re, Noise Pollution case, has given certain
directions to be followed to control noise pollution in the name of
religion:

 Firecrackers: A complete ban on sound-emitting firecrackers

from 10 pm to 6 am.
 Loudspeakers: Restriction on the beating of drums, tom-tom,
blowing of trumpets, or any use of any sound amplifier
between 10 pm to 6 am except in public emergencies.
 Generally: A provision shall be made by the State to
confiscate and seize loudspeakers and such other sound
amplifiers or equipment that create noise beyond the limit
prescribed. 

BIBLIOGRAPHY

REFERENCES

 TEXTBOOK : Dr. J. N. Pandey (Constitutional Law Of India)

 WEBSITE: PDF from www.ikoniv.ac.in

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