What was the core question in this case?

Whether removing a government employee for a second marriage without permission violates Article 25 or validly enforces the U.P. Conduct Rules, 1956.

Did Article 25 protect the second marriage from service penalties?

No. The Court said bigamy may be permitted by personal law, but it is not a mandated religious practice. Service rules can regulate it.

Which rule was allegedly breached?

Rule 29 of the U.P. Government Servants Conduct Rules, 1956, which requires permission and treats contracting another marriage during the subsistence of the first as misconduct.

Why was the removal order sustained?

The inquiry found the charge proved and there was no proof of divorce before the second marriage or of permission from the Government.

What principle about religion did the Court highlight?

What is allowed by religion is not automatically a religious obligation. The State may regulate or prohibit such practices for welfare and reform.

Law Easy

31 October, 2025

Khursheed Ahmad Khan v. State of U.P. (2015) — Article 25, Bigamy & Conduct Rules | The Law Easy

Khursheed Ahmad Khan v. State of U.P. (2015)

Supreme Court on Article 25, bigamy, and service discipline. Personal law permissions do not trump Conduct Rules for government servants.

Supreme Court of India 2015 Civil Appeal No. 1662 of 2015 Service Law & Fundamental Rights ~7 min read

Author: Gulzar Hashmi · India · Published: 31 Oct 2025

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CASE_TITLE: Khursheed Ahmad Khan v. State of U.P. PRIMARY_KEYWORDS: Article 25, bigamy, Conduct Rules, service removal SECONDARY_KEYWORDS: U.P. Govt Servants Conduct Rules 1956, Rule 29, Muslim personal law, religious freedom limits PUBLISH_DATE: 31-10-2025 AUTHOR_NAME: Gulzar Hashmi LOCATION: India slug: khursheed-ahmad-khan-v-state-of-up-2015

Quick Summary

A government employee married again while the first marriage was still valid and without permission. The Court held: service rules prevail. Article 25 does not protect bigamy as a religious obligation. The removal from service stood because the charge was proved and Rule 29 was breached.

Issues

Is removal from service for a second marriage during the subsistence of the first valid?
Are Conduct Rules ultra vires Article 25 (freedom of religion)?

Rules

Article 25: Protects freedom of religion but allows the State to regulate for public order, morality, health, and social reform.

Rule 29, U.P. Conduct Rules, 1956: Contracting another marriage during the existence of the first, without permission, is misconduct for government servants.

Facts (Timeline)

Timeline graphic for Khursheed Ahmad Khan case

Employment: Appellant was an irrigation supervisor in U.P. Government.

Charge: Second marriage during the subsistence of the first; alleged false statement about divorce.

Inquiry: Inquiry Officer found the charge proved; copy of report served; reply found unsatisfactory.

Penalty: Removal from service (17 June 2008) under the Conduct Rules.

Appeal: Matter reached the Supreme Court—core defence: protection under Article 25 and personal law permission.

Arguments

Appellant

Personal law permits multiple marriages; Article 25 protects religious practice.
Claimed the first marriage had been dissolved; denial of enmity-based complaints.

State/Respondent

Rule 29 forbids a second marriage without permission; service discipline is secular and uniform.
No proof of prior divorce or Government permission; inquiry was fair and reasoned.

Judgment

Held: Removal was valid. Article 25 does not give a right to commit bigamy in public employment. What religion permits is not automatically a religious obligation. In the absence of proof of divorce or permission, the second marriage amounts to misconduct under Rule 29.

Service rules aimed at social reform and discipline can regulate such conduct.
Religious freedom is subject to public order, morality, health, and welfare legislation.

The Court rejected the Article 25 challenge and upheld the disciplinary action.

Ratio (Core Legal Principle)

Permissive personal-law practices are not essential religious practices. The State may regulate them for social welfare and discipline in public service. Second marriage without permission = misconduct.

Why It Matters

Clarifies limits of Article 25 in public employment.
Affirms uniform service discipline across communities.
Separates religious permission from legal obligation.

Key Takeaways

Article 25 does not shield bigamy from service rules.
Proof of divorce or permission is essential before a second marriage.
Permitted ≠ mandated; the State may regulate for welfare and reform.

Mnemonic + 3-Step Hook

Mnemonic: “P-E-R-M-I-T ≠ R-I-G-H-T” → Permit by personal law isn’t a Right in service; Rule 29 controls; Record proof; Reform aim.

Check Rule 29 and permission status.
Verify documentary proof of divorce or sanction.
Comply with service law—avoid misconduct.

IRAC

Issue	Rule	Application	Conclusion
Does Article 25 bar removal for a second marriage without permission?	Art. 25 (subject to reform) + Rule 29 (misconduct for second marriage).	No proof of divorce/permission; personal law permission not an essential practice.	Removal upheld; Conduct Rules valid; Article 25 not violated.

Glossary

Article 25: Grants freedom of religion, subject to public order, morality, health, and social reform laws.
Rule 29 (U.P. Conduct Rules): Treats a second marriage during a subsisting first marriage, without permission, as misconduct.
Essential Practice: A practice obligatory in a religion; mere permission does not make it essential.

FAQs

No. Even if personal law permits it, service rules can regulate or prohibit it for public service discipline.

Documented proof of a valid divorce before the second marriage and/or prior Government permission under the Conduct Rules.

No. Article 25 is subject to social welfare and reform. Conduct Rules promoting discipline and welfare are valid.

Follow Conduct Rules strictly. Obtain permission and maintain clear records; personal law permissions alone are not enough.

Category: Cases Service Law India

Reviewed by The Law Easy

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