Articles 25-30 and 31B: secularism, freedom of religion, minority rights and the Ninth Schedule
LUG-104 Constitutional Law-I, Unit III: Right to freedom of religion (Articles 25–28). · LLB · 90 min
This lecture covers three syllabus lines together: the right to freedom of religion (Articles 25-28, topic 4), the cultural and educational rights of minorities (Articles 29-30, topic 5) and the exception in Article 31B and the Ninth Schedule (topic 6). It begins with Indian secularism and S.R. Bommai, reads Article 25 with the essential religious practices doctrine (Shirur Mutt, Durgah Committee, Bijoe Emmanuel, Shayara Bano, Sabarimala, the hijab split), takes up propagation and conversion (Rev. Stanislaus), Articles 26-28 (Ratilal, D.A.V. College, Aruna Roy), the minority education cases (Kerala Education Bill, St. Stephen's, T.M.A. Pai, P.A. Inamdar) and ends with Waman Rao and I.R. Coelho. Secularism and religious freedom have been asked in every paper from 2018-19 to 2025-26.
Objectives
- Explain how the Constitution guarantees secularism and why S.R. Bommai treats it as part of the basic structure.
- Read Articles 25-28 clause by clause and apply the essential religious practices test to the leading cases.
- Explain whether the right to propagate includes a right to convert and the position of State anti-conversion laws.
- Distinguish Articles 29 and 30, identify a minority and state the rights of minority educational institutions after T.M.A. Pai.
- Explain Article 31B and the Ninth Schedule and the limits set by Waman Rao and I.R. Coelho.
Slides
- Indian secularism and S.R. Bommai
- Article 25: freedom of conscience and religion
- The essential religious practices doctrine: Shirur Mutt to Durgah Committee
- Bijoe Emmanuel, Shayara Bano, Sabarimala and the hijab split
- Propagation and conversion: Rev. Stanislaus and the anti-conversion laws
- Article 26: rights of religious denominations
- Articles 27 and 28: taxes and religious instruction
- Article 29: conservation of culture and no denial of admission
- Article 30: who is a minority and what can it do
- Minority institutions and State regulation: Kerala Education Bill to P.A. Inamdar
- Article 31B and the Ninth Schedule: Waman Rao and I.R. Coelho
- How the examiner asks it
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