Article 25 and 26

Q.  Which of the following is/are true?

1) Due to the Freedom of Religion and management of religious affairs provided in the Fundamental Rights, The State cannot reform Hindu religious institutions of a public character.
2) Article 25 and 26 are subject to public order, morality and health but not to other provisions relating to fundamental rights owing to their provisions regarding freedom of religion.

- Published on 13 Apr 16

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Neither 1 nor 2
 
  • Article 25 - Freedom of Conscience and Free Profession, Practice and Propagation of Religion.
  • Article 25 covers not only religious beliefs (doctrines) but also religious practices (rituals). Moreover, these rights are available to all persons—citizens as well as non-citizens.
  • However, these rights under article 25 are subject to public order, morality, health and other provisions relating to fundamental rights.
Further, the State is permitted to:
(a) Regulate or restrict any economic, financial, political or other secular activity associated with religious practice; and

(b) Provide for social welfare and reform or throw open Hindu religious institutions of a public character to all classes and sections of Hindus.
  • Like the rights under Article 25, the rights under Article 26 are also subject to public order, morality and health but not subject to other provisions relating to the Fundamental Rights.

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