BIJOE EMMANUEL Vs. STATE

JUDGEMENT

(1.) A short question, but of considerable national importance, is raised in this Original Petition. The question:

(2.) The answer to the question depends upon the interpretation of Art.25 and 26 of the Constitution of India. Art.25 guarantees to every person the freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality and health and also the restrictions that may be imposed by the State, relying on the provisions contained in the Article itself. It is also subject to the other provisions of Part III of the Constitution. The freedom of the religious denomination to manage their religious affairs guaranteed under Art.26, however, is subject only to public order, morality and health. Yet another difference between Art.25 and 26 is this. Art.25 extends to all persons whereas Art.26 is confined to religious denomination only.

(3.) Now. turning to Art.25, as already stated, the right of a person to freedom of conscience and religion is subject to the other provisions of Part III also. Sub-art.(2) of Art.25 is one such provision and therefore the right of a person guaranteed under Art.25(1) is subject to Art.25(2) also. A law which falls under Art.25(2) thus would control the right of a person guaranteed under Art.25(1). (Vide Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255 ). The Supreme Court has stated thus: