Freedom of Conscience Includes Right to Have No Caste, No Religion — The Constitution Is Supreme Over Absence of Government Orders: Declares Madras High Court

“When Article 25 Grants the Freedom of Conscience, No Authority Can Deny It By Pleading Absence of Government Orders” —  In a path-breaking judgment pronounced by the  Madras High Court, comprising Justice M.S. Ramesh and Justice N. Senthilkumar, upheld that the right of an individual to declare themselves free from any caste and religion is a fundamental part of the freedom of conscience guaranteed under Article 25 of the Constitution of India. Setting aside the Writ Court’s rejection, the Court directed the District Collector and the Tahsildar, Thirupathur, to issue the appellant the sought “No Caste No Religion” certificate within a month.

The Court emphatically declared, “When the Constitution itself guarantees freedom of conscience, absence of a Government Order or a statutory rule cannot stand in the way of recognizing such a right.”

“Article 25 Is Not Merely About Practicing Religion — It Is Equally About the Right Not to Follow Any Religion”

Addressing the very foundation of the dispute, the Court remarked, “Article 25 does not merely protect the right to profess and propagate a religion, but equally safeguards the right of an individual not to follow any religion and not to be identified by any caste.”

The Court observed, “The freedom of conscience is the heart of Article 25 — it embraces the freedom to believe, not believe, or reject all caste and religious identities.”

The bench noted that the appellant, H. Santhosh, had categorically declared in his affidavit that he had never availed any benefits based on caste or religion, nor did he intend to claim any in the future. The Court lauded this assertion, stating, “His decision to raise his family in a casteless and religion-free environment is an act that aligns perfectly with the constitutional values of secularism and equality.”

“Revenue Authorities Cannot Evade Constitutional Duty By Pleading Administrative Vacuum”

The Court came down heavily on the respondents for citing the lack of Government Orders as a reason to deny the certificate. It held in unambiguous terms, “The absence of an explicit Government Order cannot override a constitutional mandate. A legal vacuum cannot be an excuse to deny a citizen’s fundamental right under Article 25.”

The bench declared, “A Constitutional right cannot be rendered illusory merely because the State has failed to issue an administrative guideline. The Constitution stands far above procedural or bureaucratic lapses.”

“State Cannot Take Contradictory Stands — You Issued Similar Certificates Earlier, Why Not Now?”

The Court expressed deep displeasure over the State’s paradoxical stand, pointing out, “It is ironic that while the Government claims there is no authority to issue such a certificate, it has itself issued identical certificates in the past.”

Referring to the documents placed before the Court, it noted, “The Tahsildar of Tirupathur issued such a certificate on 05.02.2019, the Tahsildar of Coimbatore on 27.05.2022, and the Tahsildar of Ambattur on 18.08.2022. When the Government has itself set such precedents, the objection raised in the present case becomes untenable and arbitrary.”

The Court criticized the learned Single Judge for overlooking these facts, observing, “The learned Single Judge was clearly misguided by the erroneous submissions of the State and failed to consider the constitutional supremacy of Article 25.”

“Claim of No Caste and No Religion Is Not Just Legally Valid — It Is a Laudable Constitutional Aspiration”

In words that may resonate in the legal annals for years to come, the Court held, “The claim of the appellant to be certified as a person not belonging to any caste or religion is not only a legitimate exercise of his constitutional rights, but is also a laudable move towards the progressive realization of a casteless society.”

The Court emphasized that this right, exercised voluntarily, promotes “the constitutional goal of eliminating caste-based discrimination and fosters the ideals of equality, secularism, and fraternity.”

“Government Cannot Hide Behind Administrative Inertia — Must Frame Policy to Support Fundamental Rights”

Issuing a significant direction to the State, the Court declared, “We call upon the Government of Tamil Nadu to frame and issue appropriate Government Orders directing all Revenue Authorities to process applications for issuance of ‘No Caste No Religion’ certificates in line with the constitutional mandate under Article 25.”

The Court categorically held, “This is not merely an administrative function; it is the constitutional duty of the State to give effect to the freedom of conscience enshrined in the Constitution.”

Setting aside the Writ Court’s order dated 22.01.2024, the Madras High Court issued a firm directive — “The District Collector and the Tahsildar of Thirupathur District are directed to forthwith consider the appellant’s representations dated 25.09.2023 and 15.12.2023 and issue a ‘No Caste No Religion’ certificate to the appellant within a period of one month from the date of receipt of this judgment.”

Concluding the judgment, the Court reinforced, “A citizen’s right to freedom of conscience cannot be obstructed by administrative lethargy or procedural excuses. The Constitution is supreme.”

The Writ Appeal stood allowed, with no order as to costs.

Date of Judgment: 10th June 2025