Freedom of conscience and free profession, practice and propagation of religion

Article 19, Draft Constitution of India 1948

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

Explanation.-The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

(2) Nothing in this article shall affect the operation of any existing law or preclude 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) For social welfare and reform or for throwing open Hindu religious institutions of a public character to any class or section of Hindus.

Article 25, Constitution of India 1950

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

(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 section 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, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be
construed accordingly.

Draft Article 19 (Article 25) was debated on 3 and 6 December 1948. It gave Indians the individual right to religious freedom subject to some restrictions.

There debate revolved around two key questions: Would the right to propagate religion facilitate forced conversions? Should the social welfare and reform clause extend to Buddhists, Jains and Christians?

Some members were concerned that the right to propagate would permit forced conversions. They proposed amendments to remove the right to propagate religion, or even to limit the right to practice religion to the private domain solely. This was opposed by other members who felt that there was nothing in the Draft Article that facilitated forced conversions. They added that the right to propagate religion would lead to public awareness about different religions and promote communal understanding and peace. The amendments were rejected by the Assembly.

One Member wanted the scope of subclause (b) of clause (2) of the Draft Article to extend beyond Hindus to Buddhists, Jains and Christians. He argued that this would promote religious harmony among people following different belief systems. Although this amendment was initially rejected by the Assembly, the Drafting Committee later extended the clause to Sikhs, Buddhists and Jains.

The Draft Article was adopted with minor amendments on 6 December 1948.