Freedom of Religion

Article 25

Guarantees to every person freedom of conscience Right to profess, practice and propagate religion

25(2)(a)&(b)
a .to regulate or restrict any economic, financial, political or other secular activity which may be associated with religious practice; To provide for Social reform To throw open Hindu religious institutions of a public character to all classes and sections of Hindus

Rev.Stainislaus v. State of M.P

Right to propagate does not include right to convert Only to spread ones religious thoughts No F.R. to convert

What can be regulated?

Essential and integral part of Religion-cannot be regulated

Essential &Integral Part: Decided By Whom?

Courts

National Anthem Case

Circular issued by Director of Public Instructions-compulsory to sing National Anthem

3 Children-Jehovah Community-expelled from school

Contd Reason: Refused to sing National Anthem Expulsion Challenged Ground: Violative of Article 25(1)

Contd
Kerala HC: Upheld Expulsion Reasons: F. Duty U/Constitution to sing N.A Bad Influence: if not participated

Contd
SC: Reversed HC decision No Legal obligation in India for a citizen to sing NA Rt u/ A 25 (1) cannot be regulated by executive instructions-no force of law Standing- shows respect Therefore-not violated F.D.

Contd
No offence U/ Prevention of Insults of National Honour Act, 1971 Students did not prevent singing of N.A.

Freedom of Religion

Freedom to manage religious Affairs

Every religious denomination of any section shall have following rights: To establish and maintain institutions for religious and charitable purpose, To manage its own affairs in matters of religion,

Freedom to manage religious Affairs

To own and acquire movable and immovable property To administer such property in accordance with law

Denomination: Meaning
Collection of individuals ,classed together under the same name, generally a religious sect or body having a common faith and organization and designated by a distinctive value.

Conditions to be satisfied
It must be a collection of individuals who have a system of beliefs which they regard as conducive to their spiritual well being, that is, a common faith; It must have a common organization It must be designated by a distinctive name

Denominations: Examples
Advaitas Dwaitas Vishitadwaitas Anand Marg and not a separate religion Followers of Madhavacharya Swetamber Sect of Jains Followers of Zoroastrian Religion

Denominations: Examples
Dawood Bohras Chistia Soofies Followers of Vallabha Even Sikhs-though a majority in Punjabconstitute a religious denomination-Joginder Singh v. State 1973

Ram Krishna Mission Case

Bramachari Sidheshwar Shai v. State of W.B Followers of Ramkrishna who adhere to a system of beliefsas conducive to their spiritual well being Who have organized themselves collectively Who have a religious denomination within Hindu religion

Contd..
Definite organization name, Ramakrishna Math Satisfy all conditions Therefore, Religious Denomination Entitled to F.R conferred u/A 26

Prohibition of Religious Instructions in State-Aided Institutions

28 Institutions wholly maintained by State Institutions recognised by State Institutions that are receiving aid out of State Fund Institutions that are administered by State but are established under any trust or endowment

Prohibition of Religious Instructions in State-Aided Institutions

No religious Instructions can be imparted in Type a Type B and c: May be imparted only with consent of Individuals Type d : No restriction on religious instructions

D.A.V. College, Jalandher v. State of Punjab

Validity of S.4 of Guru Nanak University Act : Challenged Act : Directed the State to make provisions for the study and research of life and teaching of Guru Nanak

D.A.V. College, Jalandher v. State of Punjab

Ground of Challenge Violative of article 28 Prohibition of Religious Instructions in State aided Institutions

D.A.V. College, Jalandher v. State of Punjab

Held: Contention Rejected S. 4 encouraged an academic study of life and teaching of Guru Nanak Does not amount to Religious Instructions Promotion of any religion Therefore: Constitutionally Valid