Article 25 religious freedom and social reform laws: second marriage prohibition upheld as protected legislation

Article 25 freedom of religion is not absolute and must be read with Article 25(2), which operates as an express exception for laws promoting social welfare and reform. The text treats the prohibition on a second marriage during the lifetime of the first wife, including Rule 27 of the Government Servants' Conduct Rules and the Hindu Marriage Act restriction, as legislation within that protected category. On that basis, the provisions were held not to infringe Article 25, and the refusal of permission for a second marriage was justified under Article 25(2)(b).

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Issues: Whether Rule 27 of the Government Servants' Conduct Rules and the provisions of the Hindu Marriage Act prohibiting a second marriage during the life of the first wife violated Article 25 of the Constitution, or were protected by Article 25(2)(b).

Analysis: The guarantee of freedom of religion under Article 25 is not absolute and must be read as a whole. Clause (2) is not subordinate to Clause (1) but operates as an express exception, preserving laws made for social welfare and reform. The words "providing for social welfare and reform" are not confined to laws relating to Hindu religious institutions of a public character, but constitute an independent category of protected legislation. On that basis, the impugned provisions were treated as measures of social welfare and reform, and Rule 27 was regarded as giving effect to the statutory prohibition.

Conclusion: The provisions did not infringe Article 25 and were protected by Article 25(2)(b); the refusal of permission for a second marriage was justified.

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