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

Leading cases

• Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954)The Court held that Articles 25 and 26 protect religious practices as well as beliefs, struck down several provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951, and held the Section 76 contribution a tax, not a fee.
• Shayara Bano v. Union of India (2017)By a majority of 3:2 the Supreme Court set aside the practice of talaq-e-biddat (instant triple talaq), the majority judges resting on different grounds: manifest arbitrariness under Article 14, and inconsistency with the Quran and Shariat.
• Bijoe Emmanuel v. State of Kerala (1986)Expelling school children who, out of a genuine religious belief, stood respectfully but did not sing the National Anthem violated their rights under Articles 19(1)(a) and 25(1); the Court ordered their re-admission.

Questions on this article

13 questions in 29 of our papers cite Article 25. Try these from the free papers:

1. 1. Assertion (A): In Mohd. Hanif Quareshi v. State of Bihar (1958), the contention that a total ban on cow slaughter violated the freedom of religion under Article 25 of Muslim petitioners was rejected. Reason (R): The Court found no material to show that the sacrifice of a cow on Bakr-Id day was an obligatory overt act for a Muslim.

   A.Both A and R are true, but R is not the correct explanation of AB.A is true, but R is falseC.A is false, but R is trueD.Both A and R are true, and R is the correct explanation of A
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2. 2. A State law vests the collection, custody and accounting of cash offerings made at a public temple in a statutory committee, without interfering with any ritual or form of worship. The temple priests contend that the law violates Article 25(1). Which provision of Article 25 expressly saves such a law?

   A.Article 25(2)(b), which permits laws for social welfare and reform and for throwing open Hindu religious institutionsB.Article 25(1) itself, which makes the freedom of religion subject to public order, morality, health and other provisions of Part IIIC.Explanation II to Article 25, which construes Hindus to include persons of the Sikh, Jaina or Buddhist religionD.Article 25(2)(a), which permits laws regulating economic, financial or other secular activity associated with religious practice
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3. 3. Right to Freedom of Religion is guaranteed under which Articles?

   A.Articles 29-30B.Articles 14-18C.Articles 25-28D.Articles 19-22
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