What is Article 26 of Indian constitution |
Article 26 of the Indian Constitution provides the freedom to manage religious affairs to religious denominations or groups.
📜 Text of Article 26 (Simplified)
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 Rights Under Article 26
Clause | Freedom Given |
---|---|
(a) | To establish and run religious or charitable institutions |
(b) | To manage their own religious practices and affairs |
(c) | To own and acquire property (like temples, mosques, churches, etc.) |
(d) | To manage property and resources, subject to legal regulations |
🔍 Who Can Claim Article 26 Rights?
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Only religious denominations or sections of them, not individuals.
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A religious denomination must have:
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A common faith
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A distinct name
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Common organization
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👉 Example: Shaivites, Vaishnavites, Lingayats, etc.
⚠️ Reasonable Restrictions
These rights are not absolute and can be limited by:
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Public order
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Morality
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Health
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Law made by the State
🧠 Important Case Law
S.P. Mittal v. Union of India (1983)
The Supreme Court clarified what qualifies as a “religious denomination” and upheld the government’s power to take over the administration of religious institutions under certain conditions.
Shirur Mutt Case (1954)
One of the earliest landmark judgments that protected religious denominations’ rights under Article 26, especially to manage religious matters.
📌 Summary of Article 26
Feature | Description |
---|---|
Who is protected? | Religious denominations or their sections |
Key rights | Establish institutions, manage religion, own & administer property |
Limits | Public order, morality, health, and legal regulation |
Goal | To allow groups to practice and preserve their religion autonomously |
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