Reforming Faith Or Regulating Religion? The Constitutional Storm Around The Waqf (Amendment) Act, 2025
- IJLLR Journal
- 8 hours ago
- 2 min read
Anubhav Chaturvedi, Shambhunath Institute of Law
INTRODUCTION: THE SACRED-SECULAR DIVIDE: ARTICLE 25-26 JURISPRUDENCE ON RELIGIOUS REGULATION
The principle of secularism forms an integral component of the Constitution's basic structure and embodies respect for all faiths. Religion constitutes a matter of personal belief , which need not be confined to theistic traditions alone. While religious freedom and tolerance are constitutionally protected, the secular functioning of the State operates within a separate and exclusive sphere. The Constitution neither recognises nor permits the amalgamation of religious authority with State power, mandating a clear separation between the two domains. Moreover, since the Constitution mandates secular conduct in both thought and practice from the State, this constitutional obligation extends equally to political parties operating within the constitutional framework. The Indian Constitution guarantees the Right to Freedom of Religion through Articles 25-28, which secure for citizens the liberty to believe in, practice, and propagate any religion of their choice. This right, however, remains subject to reasonable restrictions pertaining to public order, morality, and health. Additionally, the Constitution empowers the State to regulate the non-religious or secular activities of religious institutions through the provisions contained in Article 25(2)(a) and Article 26(d).
Article 25(1) guarantees every person, not merely Indian citizens, the freedom of conscience and the right to freely profess, practice, and propagate religion. The term "profess" signifies the right to openly and freely declare one's religious faith. The right to "practice" encompasses performing acts in pursuance of religious beliefs, which are as fundamental to religion as doctrinal faith itself. This protection extends to rituals, observances, ceremonies, and modes of worship that form the integral and essential components of a religion. The determination of what constitutes an essential and integral part of any religion or religious practice lies within the judicial domain, to be ascertained by courts through examination of that religion's specific doctrines and practices recognized by the religious community as integral to their faith.
