Article 26: Constitution of India 

Article 26: Constitution of India 

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🔷 Article 26: Freedom to Manage Religious Affairs

⚖️ Bare Act Text

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.

📜 Footnotes

1. Article 26 grants rights to religious denominations, not just individuals.
2. It is subject to public order, morality, and health.
3. Distinguishes between religious matters and secular administration.
4. The State can regulate property and financial management, but not essential religious practices.

🧾 Simple Explanation

Article 26 gives religious groups the freedom to:

• Establish institutions like temples, mosques, churches
• Manage religious affairs independently
• Own and manage property

However, this freedom:

• Cannot violate public order, morality, or health
• Can be regulated in non-religious (administrative) matters

📌 Key Features

• Applies to religious denominations or groups
• Protects collective religious autonomy
• Covers both religious and property rights
• Allows State regulation in secular aspects
• Works alongside Article 25

⚖️ Important Case Laws

1. Commissioner, Hindu Religious Endowments v. Shirur Mutt

• Defined “religious denomination”
• Established distinction between religious and secular matters

2. Ratilal Panachand Gandhi v. State of Bombay

• Protected rights of religious groups to manage affairs

3. Sri Adi Visheshwara of Kashi Vishwanath Temple v. State of UP

• Allowed State regulation of temple administration (secular aspects)

🧠 Illustrations

• A religious group managing its rituals → ✔️ Protected
• Government regulating temple finances → ✔️ Valid
• State interfering in essential religious practice → ❌ Not allowed
• Religious body owning land/property → ✔️ Protected

📚 Practical Notes

• Key concept: Religious vs Secular distinction
• Courts decide what is essential religious practice
• Article 26 is a group right, unlike Article 25 (individual right)
• Important for temple/mosque/church administration cases
• Frequently asked in UPSC, Judiciary exams

❓ FAQs

Q. Who can claim rights under Article 26?
Religious denominations or sections of them

Q. Can the State control religious institutions?
✔️ Yes, but only in secular/administrative matters

Q. What is a religious denomination?
A group with common faith, organization, and distinctive name

Q. Is this right absolute?
❌ No — subject to public order, morality, and health

💬 Comments / Legal Insight

Article 26 ensures institutional religious freedom, complementing individual freedom under Article 25.
It strikes a balance by:

• Protecting autonomy of religious groups
• Allowing State regulation for transparency and accountability

The interpretation by the Supreme Court of India has been crucial in maintaining this balance between faith and governance.

Article 26: Constitution of India 

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