Every person has the right freely to profess, practise and propagate religion, subject to public order, morality and health, and to other fundamental rights; the State may regulate or restrict any economic, financial, political or secular activity associated with religious practice.
Explanation
Application examples
Scenario
A small Christian congregation seeks to organize an open-air prayer gathering in a public park every Sunday morning. The Municipal Corporation denies permission, citing the Municipal Corporation Act, which restricts public assemblies in parks without a prior permit and does not differentiate based on the purpose of the assembly. The congregation claims the restriction violates their freedom to practise and propagate their religion.
Analysis
The congregation's right to profess and practise their religion is genuine, and propagation through public prayer is a protected activity under Article 25. However, the restriction is not targeting religion itself but is a general, neutral law requiring permits for all public assemblies in parks, regardless of their purpose. The permit requirement is a form of regulation of a secular activity (use of public space) associated with religious practice. The congregation must demonstrate either that the permit has been arbitrarily denied to them (failure of equal application) or that the permit condition is unreasonably burdensome. If the permit is granted on reasonable terms (such as notice, designated hours, or crowd management), the restriction would be justified as a regulation of the secular activity (public assembly and park use), not as a restriction on the religious freedom itself.
Outcome
If the Municipal Corporation applies the permit rule fairly, neutrally, and without singling out religion, the restriction is valid. The congregation may practise their religion but must comply with the secular regulation. However, if the Corporation has denied permits to religious groups while granting them to secular groups, or has imposed conditions (such as prohibiting prayer or hymn-singing) that target the religious content, the denial is unconstitutional.
Scenario
A Buddhist monastery seeks exemption from property tax on its premises, which include a temple (for worship), a library (for Buddhist learning), a guesthouse (for pilgrims), and a commercial bakery (producing and selling baked goods to fund the monastery). The Revenue Department denies the exemption, arguing that the bakery is a commercial venture and profits should be taxed like any other business. The monastery claims that all its activities, including the bakery, are integral to its religious mission and propagation.
Analysis
The monastery's right to manage its religious affairs and to conduct worship and learning is protected by Article 25 read with Article 26. However, the bakery operation, though owned by the monastery, is fundamentally a commercial or financial activity—it produces goods for sale to the public for profit. Even though the profits may be used for religious purposes, the activity itself is economic in character. Article 25 explicitly permits the State to regulate or restrict economic and financial activities associated with religious practice. The monastery's claim that the bakery is integral to religious practice is insufficient; the test is not whether the monastery sincerely believes the activity serves religion, but whether the activity itself is secular (a bakery selling cakes is secular, regardless of ownership). The State may tax the bakery's income under general tax law.
Outcome
The Revenue Department may impose tax on the bakery's income. The monastery is not entitled to a blanket exemption merely because it is religiously owned. However, the monastery may be entitled to exemption for the temple and library if they meet the criteria for charitable/religious institution exemption, as these are purely religious in character. The guesthouse and bakery, having economic dimensions, are appropriately subject to tax and regulation.
Scenario
A religious sect practices faith healing and discourages adherents from seeking medical treatment, claiming that disease is spiritual punishment and healing comes through prayer and ritual alone. A parent of the sect refuses to allow her ten-year-old child medical treatment for a treatable bacterial infection, asserting that this refusal is mandated by her religion and protected under Article 25. The child's condition deteriorates, and the State's child protection authority seeks to intervene.
Analysis
The parent's right to profess and practise her religion is protected, and religious belief in faith healing is a legitimate religious conviction. However, Article 25 is subject to the restriction of 'health'—the physical and mental well-being of citizens. Denying a child life-saving medical treatment on religious grounds creates a direct conflict between the parent's religious liberty and the child's fundamental right to life and health under Article 21. Additionally, the parent's freedom to practise religion does not extend to imposing her religious choices on a minor child in a manner that causes serious bodily harm. The State has a parens patriae duty to protect children from serious harm, even when such protection overrides parental religious choice. The regulation here is not targeting religion but is protecting health and the fundamental rights of a child, which is a permissible ground under Article 25.
Outcome
The State authority may intervene and ensure the child receives medical treatment. The health restriction under Article 25 permits the State to override the parent's religious refusal of medical care when the child's life or serious health is at stake. The parent's religious freedom does not give her the right to endanger her child's life in the name of religion. However, the State must still respect the parent's choice for herself if she is an adult capable of informed refusal.
How CLAT tests this
- A question presents a general, content-neutral law (e.g., a building safety code) applied to a religious structure and suggests the law violates Article 25; the trap is assuming that any burden on religion is a violation, when in fact neutral laws of general applicability that are applied without discrimination are constitutional. Candidates must distinguish between a law targeting religion and a law incidentally affecting religion.
- A scenario reverses the role of the State and the religious person: instead of the State restricting a religious practice, it portrays a religious organization denying services or roles to someone outside the faith and frames this as the religious organization's freedom under Article 25; candidates must recognize that Article 25 protects individual and collective religious liberty against State action, not the right of religious groups to discriminate against outsiders without State involvement (though some internal matters of religious management do fall within Article 26).
- A question conflates 'propagation' with an absolute right to convert or persuade; candidates may assume that because propagation is protected, any law regulating conversion or prohibiting inducement is unconstitutional, when in fact regulations preventing fraudulent conversion, coercion, or commercial incentives have been upheld as not violating Article 25.
- A scenario describes a practice as central to a religion according to adherents' belief and assumes it is automatically protected as an essential religious practice; the trap is failing to recognize that courts conduct an independent inquiry into whether a practice is truly integral to the religion's core theology or merely a historical or customary practice, and peripheral practices receive weaker protection.
- A question imports limitations from Article 26 (management of religious affairs) or Article 27 (freedom from compulsory religious taxation) into Article 25, or vice versa, expecting candidates to apply a narrower or broader test than the actual article being tested; for example, a question about the State's authority to regulate a religious institution's employment practices may conflate Article 26's scope (internal affairs) with Article 25's broader protection (freedom to practise).