The Western idea of secularism advocates for a clear distinction between religious institutions and government. The western countries have actively taken steps towards secularisation of the state and breaking the medieval fusion of church and the state.

Right to Freedom of Religion: Articles 25 to 28 of the Indian Constitution

The notion of secularism in India differs from that in Western countries. The Indian constitution includes clauses that outline how the separation between religion and state should be managed. These provisions do not look to create strict separation between the state and religion, instead maintain a ‘principled distance’ from religion. However, the Indian state can intervene in practices of religion if they contravene public order, morality and health. The Indian model of secularism protects all religions with equal regard but under the overall framework of creating a welfare state, egalitarian society and maintenance of human dignity. 

The freedom of religion is enshrined in Articles 25 to 28 of the Indian Constitution. These are available to both citizens and non – citizens. The word secular was explicitly added to the Indian preamble by the 42nd constitutional amendment act. 

Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion 

Article 25 (1) – Subject to public order, morality and health and to other provisions in this part, all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion. 

• Freedom of conscience: This pertains to an individual’s personal liberty to shape their relationship with God or other beings as they choose. A person has the autonomy to identify as either a believer or an atheist. 
• Right to profess: This denotes the entitlement to openly and freely declare one’s religious beliefs and faith. 
• Right to practice: This signifies the right to engage in religious worship, rituals, ceremonies, and the demonstration of beliefs and ideas. 
• Right to propagate: This enables the sharing and dissemination of one’s religious beliefs with others, as well as the explanation of one’s religion’s principles. 
• Coverage: Article 25 encompasses both religious beliefs (doctrines) as well as religious practices (rituals). 
• Not an absolute right: The right to religious freedom is not absolute right and is subject to reasonable limitations. These limitations include considerations of public order, morality, health, and other regulations stated in Part Three of the Indian Constitution.  

Exceptions

Article 25(2) states that nothing in this article [article 25(1)] shall effect the operation of any existing law or prevent the State from making any law – 

1. regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
2. 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. 

The Indian constitution offers two interpretations. 

• Wearing and carrying kirpans is considered a part of the Sikh religious profession; 
• In this scenario, the term Hindus encompasses Sikhs, Jains, and Buddhists.

Thus, Article 25 (2) provides power to the state (specifically legislature with regards to the following 

• Regulation of secular activities: The government is entitled to legislate concerning secular actions that are linked to religion. Secular activities associated with a religious practice are those activities which are not directly connected with religious precepts or beliefs. For instance management of personnel at temples or charging fees for certain activities to be performed at a religious place can be regarded as secular activities.

• Provides access to Hindu religious institutions: This means that the state has the right to provide accessibility to Hindu religious institutions of public character to all sections of Hindus. Also steps can be taken for bringing about social welfare and reform in such institutions.