What is Religion in the Indian Constitution?

Religion is a term that assumes significance in the life of every Indian, whether he/she is a believer or follower of any religion. Irrespective of what beliefs are revered or questioned, the role of religion begins from birth and continues to influence individuals in India till their last moments. Like the air around us, Indians are accustomed to different kinds of religious beliefs even though some may seem outdated to others and so on. Interestingly, the Indian Constitution does not define religion.

Indian Constitution and Freedom of Religion

The Indian Constitution endows a person with the freedom to profess, practice and propogate any religion under Art 25(1). This also allows in sub-clauses (a) and (b) of clause 2 of Art 25,

  • the right to regulate any economic, social, financial or political or any other secular activity that is associated with religious practice and
  • to provide for social welfare and reform
  • throw open Hindu religious institutions of a public character to all classes and sections of Hindus

The Supreme Court has interpreted the term 'religion' in a broad way. Here are some key highlights of various landmark observations on the term 'religion' by the Supreme Court:

  • Religion is a matter of personal faith.
  • The word 'religion' should not be misunderstood in a restricted way.
  • Religion is the foundation for valuable survival of human beings in a civilized society.

While the Supreme Court has given broad interpretations to the term 'religion,' Indians seem extremely sensitive to any issues relating to religion. Often, issues are blown out of proportion, sometimes in a valid way and other times, violating public welfare. 

Final Legal Take Away Tip: Religion, as the Supreme Court observed, is a matter of personal faith and should be considered as the foundation for people to live harmoniously in a civilized society.
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