Article 26 of the Indian Constitution: Freedom to manage religious affairs

Article 26 of the Indian Constitution is a vital component of the Right to Freedom of Religion, guaranteed in Part III of the Constitution (Fundamental Rights). While Article 25 ensures the freedom of conscience and the right to profess, practice, and propagate religion for individuals, Article 26 extends this protection to religious denominations and groups.

This article recognizes the collective aspect of religious freedom, enabling religious communities to manage their internal and external affairs, establish institutions, and hold property, thereby allowing them to function effectively and preserve their distinct identity and practices. It balances the rights of religious groups with the interests of the state, subject to considerations of public order, morality, and health.

Original Text

**Article 26. Freedom to manage religious affairs.—**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.

Detailed Explanation

Article 26 confers specific rights upon every “religious denomination” or “any section thereof”. These rights are not absolute but are subject to the overarching limitations of public order, morality, and health, ensuring that the exercise of religious freedom does not jeopardize societal well-being.

The term “religious denomination” is not explicitly defined in the Constitution. However, the Supreme Court, in cases like the Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (commonly known as the Shirur Mutt case, 1954), has interpreted it to mean a collection of individuals who have a common faith, a common organization, and a distinct name. A “section thereof” refers to a sub-group within a larger religious denomination that meets these criteria.

The rights granted under Article 26 are fourfold:

(a) To establish and maintain institutions for religious and charitable purposes: This clause allows religious denominations to set up and run institutions that serve religious or charitable goals. This includes temples, mosques, churches, gurdwaras, mutts, ashrams, schools, hospitals, etc., established for the propagation of religion or for philanthropic activities connected with the religion. The right to establish implies the right to administer such institutions as well, although the administration of secular aspects might be subject to reasonable regulations by the state.

(b) To manage its own affairs in matters of religion: This is a crucial right enabling a religious denomination to decide and manage its internal affairs relating to ‘matters of religion’. The Supreme Court has held that “matters of religion” include essential practices, rituals, ceremonies, modes of worship, and tenets integral to a religion or denomination. The state cannot ordinarily interfere in these core religious aspects. However, what constitutes an “essential practice” has been a subject of judicial scrutiny, aiming to distinguish core religious beliefs/practices from secular activities or superstitious additions. This right is subject to public order, morality, and health, allowing state intervention if a religious practice violates these principles.

(c) To own and acquire movable and immovable property: This grants religious denominations the right to acquire, hold, and own property. This property is essential for establishing and maintaining their institutions and carrying out their activities.

(d) To administer such property in accordance with law: While religious denominations have the right to own and acquire property, their right to administer it is qualified. They must administer the property “in accordance with law”. This means the state can enact laws for the administration of property belonging to religious institutions, especially to prevent mismanagement, ensure accountability, or for public purposes. However, such laws should not violate the denomination’s right to manage its affairs in matters of religion (clause b) or its fundamental right to property (though the right to property is no longer a fundamental right under Article 31, but a constitutional right under Article 300A).

Article 26 differs from Article 25 in that it deals with the collective rights of religious denominations, whereas Article 25 deals with the individual’s right to freedom of religion. The rights under Article 26 are often described as institutional rights of religious groups.

Detailed Notes

• Article 26 provides collective freedom of religion to religious denominations.
• It is subject to public order, morality, and health.
• Confers rights on “every religious denomination or any section thereof”.
• Religious Denomination:
  • Judicially interpreted as a body having a common faith, common organization, and a distinct name (Shirur Mutt case).
  • Examples: Ramakrishna Mission (recognized by SC), Anand Marg (not recognized as a religious denomination by SC initially).
• Rights under Article 26:
  • (a) Establish and maintain institutions for religious and charitable purposes:
    • Right to set up and run institutions like temples, mosques, churches, mutts, schools, hospitals for religious or charitable ends.
    • Includes the right to administer these institutions.
  • (b) Manage its own affairs in matters of religion:
    • Right to decide and manage internal matters deemed ‘religious’.
    • “Matters of religion” refers to essential practices, rites, rituals, tenets, ceremonies integral to the religion/denomination (Shirur Mutt case, Durgah Committee, Ajmer v. Syed Hussain Ali).
    • State cannot interfere in essential religious practices, but can regulate secular activities associated with religion.
    • Subject to public order, morality, health (e.g., preventing human sacrifice in the name of religion).
  • (c) Own and acquire movable and immovable property:
    • Right to hold and obtain property necessary for their functioning.
  • (d) Administer such property in accordance with law:
    • Right to manage property is not absolute.
    • State can make laws for property administration, e.g., to prevent mismanagement.
    • Administration must conform to secular laws, provided they do not infringe upon the right to manage religious affairs (clause b).
• Distinction from Article 25:
  • Article 25: Individual freedom of conscience and right to profess, practice, propagate religion.
  • Article 26: Collective freedom of religious denominations to manage their affairs and property.
  • Article 25 protects beliefs and practices; Article 26 protects the right to manage institutions and property associated with religion.

Additional Comments

• Article 26 strikes a balance between religious freedom and state regulation for public interest.
• The interpretation of “religious denomination” and “matters of religion” by the judiciary is crucial for the scope of Article 26.
• The state’s power to regulate under ‘in accordance with law’ (clause d) is generally limited to the secular administration of religious property, not interfering with the religious management under clause (b).
• The ’essential religious practices’ test is a key principle developed by the courts to determine the boundaries of the rights under Article 26(b).
• Article 26 must be read in conjunction with other fundamental rights, such as Article 14 (equality) and Article 25 itself.

Summary

Article 26 of the Indian Constitution guarantees religious denominations and their sections the right to establish and maintain religious and charitable institutions, manage their internal religious affairs, own and acquire property, and administer that property in accordance with the law. These rights are protected but are subject to the overriding considerations of public order, morality, and health. It provides institutional autonomy to religious groups, complementing the individual religious freedom granted by Article 25. The scope of these rights, particularly what constitutes a religious denomination and matters of religion, has been clarified through various judicial pronouncements, emphasizing the protection of essential religious practices while allowing state regulation of secular activities and property administration.