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ART. 25(2) THE CONSTITUTION OF INDIA 93
(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, Jain or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
COMMENTS
Legislation prohibiting conversion of religion by force or inducement valid. — Rev. Stainislaus v State of Madhya Pradesh and Others, AIR 1977 SC 908 : 1977 Cri. L.J. 551 (SC) : (1977)1 SCC 677.
Religious belief and National Anthem — Bijoe Emmanuel and Others v State of Kerala and Others, AIR 1987 SC 748 : (1986)3 SCC 615.
Relief of banning Koran cannot be granted in view of Article 25 and preamble of the Constitution. — Chandanmal v State of West Bengal, AIR 1986 Cal. 104.
Religious freedom under Article 25(1), does not include triple talaque. (Shayara Bano v Union of India, AIR 2017 SC 4609 : (2017)9 SCC 1).
Acquisition of Mosque — Dr. M. Ismail Faruqui v Union of India and Others, AIR 1995 SC 605 : (1994)6 SCC 360.
Public performance of Tandava Dance and Constitutional protection – Discussed. — Acharya Jagdishwaranand Avadhuta v Commissioner of Police, Calcutta and Another, AIR 1984 SC 51 : (1983)4 SCC 522 : 1983 Cri. L.J. 1872 (SC).
Ceremonies Recognised as part of religious practice. — Athiest Society of India, Nalgonda District Branch v Government of Andhra Pradesh, AIR 1992 AP 310.
Although State cannot interfere with the freedom of a person to profess, practice and propagate his religion, the secular matters connected therewith can be the subject matter of control by the State. (M.P. Gopalakrishnan Nair v State of Kerala, AIR 2005 SC 3053 : (2005)11 SCC 45).
Freedom of religion is not confined to citizens alone, but covers all persons residing in India. (Commissioner of Police v Acharya Jagadishwarananda Avadhuta, AIR 2004 SC 2984 : (2004)12 SCC 770 : 2004 AIR SCW 1887).
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