Article 26 of the Indian Constitution: Freedom to Manage Religious Affairs
Introduction
Article 26 of the Indian Constitution grants religious denominations the right to manage their religious affairs freely. This article ensures that religious institutions, such as temples, mosques, churches, and gurudwaras, can own, acquire, and manage their property and conduct religious activities without State interference, subject to certain reasonable restrictions.
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."
Explanation of Article 26
1. Freedom to Establish and Maintain Religious Institutions (Clause a)
🛕 Religious groups can establish and maintain temples, mosques, churches, gurudwaras, and charitable organizations without government interference.
🏛️ Examples: ISKCON temples, Jama Masjid, Christian missionary schools, Sikh gurudwaras.
2. Right to Manage Religious Affairs (Clause b)
✔️ Religious groups can decide their customs, rituals, and religious ceremonies.
⚠️ However, they cannot violate public order, morality, or health (e.g., human sacrifices are not allowed).
3. Right to Own and Acquire Property (Clause c)
🏡 Religious groups can own and acquire property such as temples, mosques, and churches.
⚖️ The government cannot seize religious properties without legal justification.
4. Right to Administer Property (Clause d)
📝 Religious institutions can administer their properties as per their own rules, but if mismanagement occurs, the government can regulate their administration.
📌 Example: The government can regulate temple funds to prevent misuse.
Landmark Supreme Court Cases on Article 26
| Case Name | Judgment |
|---|---|
| Shirur Mutt Case (1954) | Defined "religion" and protected essential religious practices. |
| Ratilal v. State of Bombay (1954) | Upheld that religious groups have full control over their properties, subject to public interest. |
| Sri Adi Visheshwara of Kashi v. State of UP (1997) | The government can regulate secular (non-religious) aspects of religious institutions. |
Why Article 26 is Important?
✅ Protects Religious Autonomy – Prevents unnecessary government interference in religious matters.
✅ Ensures Religious Freedom – Allows all denominations to practice and manage their religious activities.
✅ Encourages Pluralism & Secularism – Promotes diversity while maintaining religious harmony.
✅ Balances State and Religion – The government can regulate only secular aspects of religious institutions.
Challenges & Issues in Implementation
❌ Government Control Over Temples – In some states, Hindu temples are regulated by government bodies, while mosques and churches are self-governed.
❌ Misuse of Religious Funds – Some religious institutions have been accused of mismanaging donations and assets.
❌ Clashes Between Religious and Secular Laws – Issues like temple entry of women (Sabarimala case) and triple talaq create conflicts between religious freedom and fundamental rights.
Government Measures & Judicial Interventions
✔️ State Regulation of Religious Institutions – Governments regulate temple administration to prevent corruption.
✔️ Court Judgments on Religious Autonomy – The Supreme Court ensures that religious freedom is not misused.
✔️ Balancing Religion & Law – Laws like Hindu Religious and Charitable Endowments Act help regulate religious properties transparently.
Conclusion
Article 26 guarantees religious institutions the right to manage their own affairs while ensuring that religious practices do not violate public interest. It plays a crucial role in maintaining India’s secular fabric while protecting religious rights. However, ensuring transparency and preventing misuse of religious institutions remains a challenge that requires balanced government intervention and judicial oversight.
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