Article 25 is a fundamental right provision in Part III of the Constitution of India, guaranteeing the freedom of conscience and the right to freely profess, practise, and propagate religion. This concept was debated as Draft Article 19 and adopted on December 6, 1948, to ensure individual religious liberty in a diverse nation. The debate centered on whether the right to propagate would lead to forced conversions, a concern that was ultimately dismissed by the Constituent Assembly.
The mechanism of Article 25 is detailed in two clauses: Clause (1) grants the right to all persons, including citizens and non-citizens, but subjects it to public order, morality, and health. Clause (2) empowers the State to make laws for two purposes: regulating or restricting any economic, financial, political, or other secular activity associated with religious practice, and providing for social welfare and reform. This second power includes throwing open Hindu religious institutions of a public character to all classes and sections of Hindus.
Article 25 connects directly to the concept of Secularism, which was added to the Preamble by the 42nd Amendment. It is also linked to Article 26, which grants religious denominations the freedom to manage their own affairs in matters of religion. The provision includes two Explanations: Explanation I states that the wearing and carrying of kirpans is deemed to be included in the profession of the Sikh religion. Explanation II clarifies that the reference to Hindus in Clause (2)(b) includes persons professing the Sikh, Jaina, or Buddhist religion.
The interpretation of Article 25 has been shaped by the judiciary through the Essential Religious Practices (ERP) Test, which distinguishes core beliefs from secular activities that the State can regulate. A recent application of the right was seen in Badri Prasad Sahu & Anr. v. State of Chhattisgarh (2026), where the Chhattisgarh High Court reaffirmed that individuals do not require prior state permission to conduct prayers within their domestic households, provided it does not interfere with public order, morality, or health. The core structure of the Article has remained the same since its enactment, but its scope is continuously defined by judicial pronouncements like the striking down of instant triple talaq in Shayara Bano v. Union of India (2017).