Article 26 of the Indian Constitution
Article 26 of the Indian Constitution: Detailed Explanation
1. Text of Article 26
Article 26 guarantees certain rights to religious denominations. It states:
"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;
(d) to administer such property in accordance with law."
2. Scope and Meaning
Article 26 protects the rights of religious denominations (and their sections) to:
Establish and maintain religious and charitable institutions like temples, churches, mosques, schools, hospitals, etc.
Manage their own religious affairs independently, without external interference.
Own, acquire, and administer property used for religious or charitable purposes.
Key points:
It protects collective rights of a religious denomination or section, not just individuals.
These rights are subject to public order, morality, and health, meaning they can be restricted in the interest of society.
The term "religious denomination" has been interpreted by courts to mean a distinct religious group, having a common faith, organization, and practices.
The Article also recognizes the importance of property related to religious institutions.
3. Significance
Article 26 seeks to safeguard religious freedom beyond individual rights (which are covered under Article 25).
It ensures autonomy of religious groups to carry out religious practices and manage their affairs.
It promotes pluralism and diversity by allowing different religious communities to govern themselves.
Balances religious freedom with state regulation to prevent abuse or harm.
4. Relation with Article 25
Article 25 guarantees freedom of conscience and the right to freely profess, practice, and propagate religion to individuals.
Article 26 protects the collective rights of religious denominations.
Both articles are part of Fundamental Rights ensuring religious liberty but differ in focus — individual vs. group.
5. Judicial Interpretation and Case Law
A. Bijoe Emmanuel v. State of Kerala (1986)
The Supreme Court emphasized the right of religious denominations to manage their own affairs.
The case concerned students refusing to sing the national anthem due to religious beliefs.
Although mainly related to Article 25, the Court recognized Article 26 rights in protecting religious practices.
B. S.R. Bommai v. Union of India (1994)
The Court referred to religious freedoms, including those under Article 26.
Affirmed that religious denominations have the right to manage their own affairs without undue interference.
Reinforced the importance of protecting religious plurality under the Constitution.
C. Rev. Stainislaus v. State of Madhya Pradesh (1977)
The Court held that Article 26 rights to manage religious affairs are subject to public order, morality, and health.
The state can regulate religious institutions if the law is aimed at preserving social welfare.
D. Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954)
The Supreme Court held that the State has the power to regulate the administration of religious institutions, but such regulation must respect the religious denomination's right to manage its own affairs.
Balancing autonomy with legitimate state regulation was emphasized.
6. Limitations on Article 26
The rights are not absolute; they are subject to restrictions based on:
Public order
Morality
Health
The state can regulate religious institutions to prevent misuse, corruption, or actions against societal interests.
Laws regulating religious institutions must be reasonable and not arbitrary.
7. Practical Implications
Religious communities can establish schools, hospitals, and charities in furtherance of religious and charitable purposes.
Religious denominations control their internal management, including appointment of priests, conduct of rituals, and maintenance of properties.
State governments often enact laws to regulate religious institutions' property and administration, which must comply with Article 26.
8. Summary
| Aspect | Explanation |
|---|---|
| Right to Establish | Right to create and maintain religious and charitable institutions |
| Right to Manage Affairs | Autonomy to regulate internal religious matters without interference |
| Property Rights | Right to own, acquire, and administer movable and immovable property |
| Restrictions | Subject to public order, morality, and health |
| Nature | Collective right of religious denominations, not individuals |
9. Conclusion
Article 26 is a vital provision that secures the collective religious freedom of communities in India, allowing them to organize, administer, and manage their religious and charitable affairs independently. At the same time, it allows the State to impose reasonable restrictions to protect public interest.
This balance ensures religious autonomy alongside social harmony, upholding the secular and pluralistic fabric of India.
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