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Constitution of India · Part III: Fundamental Rights · Right to Freedom of Religion

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

In plain words

Subject to public order, morality, health and the other Fundamental Rights, all persons have equal freedom of conscience and the right to freely profess, practise and propagate religion.

  • The State can regulate economic, financial, political or other secular activities connected with religious practice.
  • It can make laws for social welfare and reform, and open Hindu religious institutions of a public character to all classes of Hindus (which here includes Sikhs, Jains and Buddhists).
  • Wearing and carrying kirpans is part of professing the Sikh religion.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

(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, practice and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(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.

Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this article

Article 25 guarantees every person freedom of conscience and the right freely to profess, practise and propagate religion. It is subject to public order, morality and health, and to the other fundamental rights. The State may also regulate secular activities associated with religion and undertake social reform.

Profess, practise, propagate

Profess means to declare one's faith openly; practise means to perform rituals and observances; propagate means to spread one's religion by exposition. The Supreme Court has held that the right to propagate does not include a right to convert another person by force, fraud or inducement.

Limits

  • Public order, morality and health.
  • The other provisions of Part III, such as equality and dignity.
  • The State may regulate economic, financial, political or other secular activities associated with religious practice.
  • The State may provide for social welfare and reform, and throw open Hindu religious institutions of a public character to all classes of Hindus.

Essential religious practices

Only practices that are an essential or integral part of a religion get Article 25 protection against State regulation. What is essential is judged with reference to the religion's own doctrines, and a practice is essential if removing it would fundamentally change the religion. This test has been criticised for asking judges to decide theological questions, and its scope is pending before a larger bench.

Religion and other rights

Religious practices cannot override the dignity and equality of individuals. In the Sabarimala case, the exclusion of women of menstruating age from a temple was held invalid by majority. That decision is itself the subject of a pending review reference to a larger bench.

Key Supreme Court rulings

  • Shirur Mutt case (Commissioner, Hindu Religious Endowments v. Lakshmindra Thirtha Swamiar) AIR 1954 SC 282

    What constitutes an essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself; secular activities associated with religion are open to State regulation.

  • Indian Young Lawyers Association v. State of Kerala (2019) 11 SCC 1

    By majority, the rule excluding women of a certain age group from the Sabarimala temple was struck down; custom and usage must give way to the right of all sections of Hindus to worship at public places of worship.

  • Rev. Stainislaus v. State of Madhya Pradesh (1977) 2 SCR 611

    Upheld State laws prohibiting conversion by force, allurement or fraud as falling within public order, and rejected the argument that the right to propagate includes a right to convert another person.

  • Kantaru Rajeevaru v. Indian Young Lawyers Association 2019 INSC 1248

    In the Sabarimala review, the majority referred wider questions about religious practices, including entry of women to places of worship across religions and the scope of essential practices, to a larger bench.

Common mistakes

  • Treating every religious practice as protected; only essential practices are.
  • Reading propagate as a right to convert others.
  • Treating Sabarimala as fully settled; a review reference is pending.

Read with: Article 26 Constitution, Article 27 Constitution, Article 28 Constitution

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the article 25