The Constitution of India
Article 25
Freedom of conscience and free profession, practice and propagation of religion
(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.
(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.
Why this exists
India's freedom movement and Constituent Assembly debates grappled with how to protect a deeply religiously diverse society while also reforming social practices seen as unjust, especially caste-based exclusion from temples. The framers wanted genuine religious liberty for individuals, but not at the cost of letting religion be used to block social reform or to shield purely commercial or political activity from ordinary regulation. Article 25 reflects this balance: strong personal freedom of conscience, paired with State power to reform and regulate.
How courts read it
The Supreme Court has developed the 'essential religious practices' test (starting with the Shirur Mutt case, 1954) to decide what religious practices are actually protected by Article 25, distinguishing them from secular or peripheral practices that the State can regulate. Courts have upheld laws opening temples to all Hindus, including Dalits, under clause (2)(b). The kirpan explanation was tested in cases involving Sikh students and security rules, requiring courts to balance this explicit constitutional protection against public order and safety concerns.
Common misconceptions
- Myth: Article 25 lets people do absolutely anything in the name of religion.
Fact: The right is subject to public order, morality, health, and other fundamental rights, and courts decide what counts as an 'essential' religious practice worth protecting. - Myth: The kirpan can be carried anywhere without restriction because the Constitution protects it.
Fact: While Explanation I protects wearing/carrying kirpans as part of Sikh religious practice, this can still be reasonably regulated for public order and safety (e.g., in airports or certain secured areas). - Myth: Clause (2)(b) only applies to Hindus.
Fact: Explanation II extends it to Sikhs, Jains, and Buddhists as well, treating their public religious institutions the same way for reform and access purposes.