Article 26 of the Indian Constitution: Freedom to Manage Religious Affairs Introduction India is a secular country where religious freedom i...

Article 26 of the Indian Constitution: Freedom to Manage Religious Affairs

Introduction

India is a secular country where religious freedom is a fundamental right. Article 26 of the Indian Constitution guarantees religious denominations the right to manage their own religious affairs. This article ensures that every religious group or sect has autonomy in running its religious institutions without government interference, as long as it follows the law.

In this blog post, we will explore the meaning, significance, legal interpretations, landmark cases, and impact of Article 26 in India.

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What is Article 26?

Text of Article 26:

"Subject to public order, morality, and health, every religious denomination or any section thereof shall have the right—

(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
*(d) to administer such property in accordance with law."

Key Points of Article 26:

1. Religious Groups Have Rights – Religious denominations can establish and maintain places of worship, charities, and institutions.
2. Self-Governance in Religious Matters – Religious groups can manage rituals, traditions, and religious activities without state interference.
3. Ownership and Administration of Property – Religious institutions can own property, but it must be managed according to the law.
4. Subject to Public Order, Morality, and Health – The government can regulate religious activities if they harm public order, morality, or health.

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Significance of Article 26

1. Strengthens Religious Autonomy

• Religious groups can freely conduct their traditions, rituals, and management without government control.
• Ensures freedom of religious governance for all communities.

2. Ensures Secularism and Religious Equality

• Protects all religious communities, ensuring that no religion gets special privileges or discrimination.
• The government remains neutral and does not interfere in religious affairs.

3. Protection Against Government Overreach

• Religious organizations can resist state interference in their practices and management.
• Prevents the government from taking over religious institutions unless necessary by law.

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Judicial Interpretations and Landmark Cases

1. Shirur Mutt Case (1954)

• The Supreme Court ruled that:
  • Religious denominations have full autonomy in religious matters.
  • The government can regulate only secular aspects like property management, but not religious practices.

2. S.P. Mittal v. Union of India (1983)

• Defined "religious denomination" as a group with distinct religious beliefs, a common organization, and self-governance.

3. Ismail Faruqui v. Union of India (1994) – Babri Masjid Case

• The Supreme Court ruled that:
  • Mosques, temples, and churches are not essential parts of religion, and their properties can be taken by the government if required for public welfare.

4. Sri Adi Visheshwara of Kashi Vishwanath Temple v. State of UP (1997)

• The government can regulate administration of religious institutions but not interfere in religious rituals.

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Limitations of Article 26

Although Article 26 protects religious autonomy, it is subject to public order, morality, and health. This means:

✅ Religious practices that violate laws (e.g., human sacrifices, untouchability, or forced conversions) are not allowed.
✅ The government can intervene if religious activities disturb public order or pose health hazards.
✅ Property management by religious institutions is subject to state laws.

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Comparison with Other Countries

Country	Religious Freedom	Government Role in Religious Institutions
India	Religious groups can manage their affairs under Article 26	The government can regulate only secular aspects
USA	Full religious freedom under the First Amendment	No government involvement in religious matters
UK	The Church of England is officially linked to the government	Some religious institutions get state funding
France	Strict secularism (Laïcité)	No state funding or control over religious groups

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Impact of Article 26 in India

✅ Preserves religious diversity and autonomy for all communities.
✅ Prevents government interference in religious doctrines and practices.
✅ Protects ownership and management rights of religious institutions.
✅ Maintains a balance between religious freedom and law enforcement.

However, disputes arise over government control of temple funds, interference in religious affairs, and whether some practices violate public order and morality.

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Conclusion

Article 26 is a fundamental right that safeguards religious autonomy in India. It ensures that religious groups can manage their institutions, rituals, and property without state interference, while also ensuring that religious practices do not harm public welfare.

While the judiciary continues to define the limits of religious freedom, Article 26 remains a crucial pillar in maintaining India's secular and diverse religious landscape.

What are your thoughts on Article 26? Share your opinions in the comments below!