What is Article 26 of Indian constitution|reedom to manage religious affairs to religious denominations or groups.

What is Article 26 of Indian constitution

Article 26 — Freedom to Manage Religious Affairs

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 Clauses

Preamble to Article 26

Article 26 is part of Part III (Fundamental Rights), specifically under the heading “Right to Freedom of Religion” (Articles 25–28).
It gives collective rights to religious denominations, as opposed to Article 25, which primarily protects the individual’s right to freedom of religion.

 

Clause-wise meaning

Clause (a) — Right to Establish and Maintain Institutions

• Religious denominations can set up and maintain institutions such as temples, mosques, churches, monasteries, gurudwaras, dharamshalas, religious schools, and charitable trusts.
• Examples:
• A Hindu sect setting up a temple trust
• A Christian mission establishing a hospital
• An Islamic charitable trust maintaining an orphanage

 

Clause (b) — Right to Manage Affairs in Matters of Religion

• This protects autonomy in matters of religion (rituals, worship forms, ceremonies).
• However, non-religious (secular) activities associated with religion can be regulated by the State.
• Example:
• Deciding the form of worship inside a temple is a religious matter (protected).
• Managing temple finances is a secular matter (can be regulated).

 

Clause (c) — Right to Own and Acquire Property

• Religious denominations can own land, buildings, funds, and other assets necessary for religious and charitable purposes.
• Example: A mosque owning surrounding land for prayer gatherings.

 

Clause (d) — Right to Administer Property in Accordance with Law

• Religious bodies have the right to manage their property, but the State can impose regulations to prevent mismanagement or corruption.
• Example: Temple administration laws like the Hindu Religious and Charitable Endowments Acts in various states.

 

Meaning of “Religious Denomination”

The Supreme Court in S.P. Mittal v. Union of India (1983) defined “religious denomination” as:

1.    A collection of individuals having a system of beliefs or doctrines regarded as conducive to spiritual well-being;

2.    A common organisation; and

3.    A distinctive name.

Examples: Arya Samaj, Ananda Marga, Ramakrishna Mission, Lingayats.

 

Important Conditions / Restrictions

Like Article 25, Article 26 is not absolute. Rights are subject to:

1.    Public Order – The State can intervene if a religious activity threatens peace and security.

2.    Morality – Practices violating basic moral principles can be restricted (e.g., untouchability).

3.    Health – Activities harmful to health (e.g., toxic rituals) can be banned.

 

Landmark Judgments

The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Shirur Mutt (1954)

o   Essence: The Court held that a “religious denomination” has complete autonomy in deciding what constitutes an essential religious practice, but secular aspects can be regulated by the State.

S.P. Mittal v. Union of India (1983)

o   Essence: Defined the term “religious denomination” and its requirements.

Ratilal Panachand Gandhi v. State of Bombay (1954)

o   Essence: Religious denominations can manage their religious affairs without state interference, subject to public order, morality, and health.

Sri Adi Visheshwara of Kashi Vishwanath Temple v. State of U.P. (1997)

o   Essence: State control over temple administration for proper management is valid as long as it does not interfere with essential religious practices.

Azeez Basha v. Union of India (1968)

o   Essence: Institutions not established by a religious denomination cannot claim protection under Article 26(a).

 

Examples in Practice

• A Sikh Gurdwara committee deciding prayer timings → Protected under Article 26(b).
• A State law requiring audit of temple accounts → Valid, as it relates to secular administration.
• Banning of a ritual involving self-harm during a festival → Valid restriction under health grounds.

 

Relationship with Other Articles

• Article 25: Individual right to freedom of religion.
• Article 26: Collective right of religious denominations.
• Article 27: No tax for promoting a particular religion.
• Article 28: Restrictions on religious instruction in State-run institutions.

 

Key Takeaways

• Article 26 protects group rights of religious denominations.
• Rights are subject to public order, morality, and health.
• Essential religious practices are fully protected, but secular matters can be regulated.
• The judiciary decides whether a practice is essential or not.

 

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50 MCQs on Article 26 — Freedom to Manage Religious Affairs

 

Article 26 guarantees rights to:
A) Every citizen of India
B) Every religious denomination or section thereof
C) Only minorities
D) Only Hindus and Muslims
Answer: B
Explanation: Article 26 specifically protects the collective rights of religious denominations or their sections.

 

Clause (a) of Article 26 gives the right to:
A) Own property
B) Establish and maintain institutions for religious and charitable purposes
C) Manage property
D) Regulate rituals
Answer: B
Explanation: Clause (a) ensures freedom to establish and maintain institutions for religious and charitable purposes.

 

Which clause of Article 26 allows religious denominations to own property?
A) Clause (a)
B) Clause (b)
C) Clause (c)
D) Clause (d)
Answer: C
Explanation: Clause (c) specifically provides the right to own and acquire movable and immovable property.

 

The rights under Article 26 are subject to:
A) Only morality
B) Public order, morality, and health
C) Only public order
D) Morality and justice
Answer: B
Explanation: Article 26 rights are limited by public order, morality, and health.

 

“Right to manage its own affairs in matters of religion” falls under:
A) Article 26(a)
B) Article 26(b)
C) Article 26(c)
D) Article 26(d)
Answer: B
Explanation: Clause (b) of Article 26 ensures autonomy in religious matters.

 

Which landmark case defined “religious denomination” under Article 26?
A) Kesavananda Bharati case
B) S.P. Mittal v. Union of India
C) Shirur Mutt case
D) Ratilal Panachand Gandhi case
Answer: B
Explanation: S.P. Mittal v. Union of India (1983) laid down three requirements for a religious denomination.

 

In the Shirur Mutt case (1954), the Supreme Court held:
A) State cannot regulate secular activities
B) State can regulate essential religious practices
C) State can regulate secular aspects but not essential religious practices
D) State has full control over religious affairs
Answer: C
Explanation: The Court separated protected essential practices from regulatable secular matters.

 

Under Article 26(d), religious denominations can:
A) Administer property without any law
B) Administer property according to their customs only
C) Administer property in accordance with law
D) Sell property without restrictions
Answer: C
Explanation: Administration must comply with the law, even if it’s a religious property.

 

Which case upheld State control over temple administration as valid?
A) Sri Adi Visheshwara of Kashi Vishwanath Temple v. State of U.P.
B) Azeez Basha v. Union of India
C) Shirur Mutt case
D) S.R. Bommai case
Answer: A
Explanation: The Court said State can take over management for proper administration without interfering with essential practices.

 

A religious denomination must have:
A) Common faith, common organisation, distinctive name
B) Government recognition
C) At least 100 members
D) Registration under Societies Act
Answer: A
Explanation: These three elements were defined in S.P. Mittal.

 

Article 26 belongs to which part of the Constitution?
A) Part II
B) Part III
C) Part IV
D) Part IVA
Answer: B
Explanation: It’s in Part III, Fundamental Rights.

 

Which clause covers managing rituals and ceremonies?
A) Clause (a)
B) Clause (b)
C) Clause (c)
D) Clause (d)
Answer: B
Explanation: Clause (b) deals with matters of religion, including rituals.

 

Example of Article 26(a) in practice:
A) State auditing temple funds
B) A church opening a hospital
C) Banning animal sacrifice
D) Regulating school syllabus
Answer: B
Explanation: Establishing religious charitable institutions is protected under clause (a).

 

Can Parliament abolish a harmful ritual under Article 26?
A) Yes, under morality/health grounds
B) No, rituals are untouchable
C) Yes, only with SC permission
D) No, unless President approves
Answer: A
Explanation: Harmful practices can be restricted.

 

Which Article provides individual freedom of religion?
A) 25
B) 26
C) 27
D) 28
Answer: A
Explanation: Article 25 deals with individual rights, Article 26 with group rights.

 

Ratilal Panachand Gandhi case (1954) stated:
A) State can manage all temple affairs
B) State must protect religious affairs from interference
C) State can ban religious institutions
D) State can override all rituals
Answer: B
Explanation: Religious affairs are protected, subject to public order, morality, and health.

 

“Public order” in Article 26 means:
A) Government permission for rituals
B) Maintaining peace and preventing violence
C) Freedom of assembly
D) Enforcing police laws only
Answer: B
Explanation: Public order ensures practices don’t disturb peace.

 

Which Article is closely linked to Article 26?
A) 12
B) 14
C) 25
D) 32
Answer: C
Explanation: Article 25 covers individuals; 26 covers denominations.

 

Azeez Basha v. Union of India held:
A) Institutions not established by denominations can’t claim Article 26(a) rights
B) All institutions get Article 26 rights
C) State can own religious institutions
D) Article 26 applies only to Hindus
Answer: A
Explanation: Establishment by denomination is necessary for 26(a).

 

Example of restriction under “health” in Article 26:
A) Limiting loudspeakers at night
B) Preventing toxic smoke in rituals
C) Stopping financial mismanagement
D) Requiring accounting audits
Answer: B
Explanation: Health-related bans protect people from harm.

 

Administration of temple funds is:
A) Religious matter
B) Secular matter
C) Both
D) Neither
Answer: B
Explanation: Financial administration is secular and regulatable.

 

Can a sect register property in its own name under Article 26?
A) Yes, under clause (c)
B) No
C) Yes, only with State permission
D) No, unless President approves
Answer: A
Explanation: Clause (c) allows owning property.

 

State auditing church accounts violates Article 26?
A) Yes
B) No
C) Yes, if without court order
D) Yes, if done annually
Answer: B
Explanation: Auditing is secular, so State can regulate.

 

Essential religious practices test was elaborated in:
A) Kesavananda Bharati case
B) Shirur Mutt case
C) Golaknath case
D) Maneka Gandhi case
Answer: B
Explanation: Shirur Mutt laid down the test.

 

“Any section thereof” in Article 26 means:
A) Only the whole denomination has rights
B) Even sub-groups of a denomination have rights
C) Only government-recognised groups have rights
D) Only sects with property have rights
Answer: B
Explanation: Sections of denominations also enjoy rights.

 

Ban on entry of certain genders into temple may be challenged under:
A) Only Article 26
B) Article 14 and Article 26
C) Only Article 14
D) Only Article 19
Answer: B
Explanation: Such bans can involve equality and religious rights.

 

Clause (d) of Article 26 ensures:
A) Freedom in all property dealings
B) Administration of property as per law
C) No control by State
D) Freedom from taxes
Answer: B
Explanation: Clause (d) allows regulation.

 

Which part of Constitution covers “Right to Freedom of Religion”?
A) Part II
B) Part III
C) Part IV
D) Part IVA
Answer: B
Explanation: Articles 25–28 are in Part III.

 

Example of public order restriction:
A) Limiting number of people in a procession
B) Preventing misuse of donations
C) Stopping animal sacrifice for cruelty
D) Regulating property sales
Answer: A
Explanation: Public order aims to prevent disturbances.

 

A sect forming a school under Article 26(a) must:
A) Follow State education laws
B) Only follow religious rules
C) Have full freedom from any law
D) None
Answer: A
Explanation: Secular regulations still apply.

 

Can Parliament dissolve a religious denomination?
A) Yes
B) No
C) Yes, under emergency
D) Only with SC approval
Answer: B
Explanation: The Constitution protects denominations.

 

Article 26 came into force on:
A) 26 January 1950
B) 15 August 1947
C) 1 January 1951
D) 26 November 1949
Answer: A
Explanation: Fundamental Rights became enforceable from 26 Jan 1950.

 

State law taking over a temple’s finances is:
A) Valid
B) Invalid
C) Only valid for public temples
D) Valid only with court order
Answer: A
Explanation: Financial matters are secular.

 

Sects like Arya Samaj qualify as:
A) Religious denominations
B) Secular groups
C) Political organisations
D) NGOs
Answer: A
Explanation: They have common faith, organisation, and name.

 

Religious instruction in State schools is governed by:
A) Article 25
B) Article 26
C) Article 28
D) Article 30
Answer: C
Explanation: Article 28 covers religious instruction in institutions.

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Morality in Article 26 refers to:
A) Personal morals
B) Constitutional morality
C) Religious morality
D) Community morals
Answer: B
Explanation: Courts use constitutional morality as a standard.

 

Religious property can be acquired by State:
A) Never
B) Only for public purpose with compensation
C) Only if abandoned
D) Only with court order
Answer: B
Explanation: Property can be acquired for public purpose under law.

 

Which of these is NOT protected under Article 26?
A) Worship rituals
B) Religious property ownership
C) Criminal acts in name of religion
D) Religious charity
Answer: C
Explanation: Illegal acts are not protected.

 

Article 26 applies to:
A) Citizens only
B) All persons
C) Only government bodies
D) Only registered organisations
Answer: B
Explanation: It applies to all persons, not just citizens.

 

State banning a dangerous fire ritual is:
A) Valid
B) Invalid
C) Partially valid
D) Invalid unless Parliament approves
Answer: A
Explanation: Can be restricted on health grounds.

 

Religious denomination autonomy means:
A) No State control at all
B) Freedom in essential matters of religion
C) Full independence in finance
D) Political immunity
Answer: B
Explanation: Only essential religious matters are fully autonomous.

 

Article 26 covers charitable purposes:
A) Yes
B) No
C) Only if religious
D) Only with government approval
Answer: A
Explanation: Charitable institutions linked to religion are covered.

 

Shirur Mutt case was decided in:
A) 1950
B) 1952
C) 1954
D) 1956
Answer: C
Explanation: The judgment came in 1954.

 

Can Article 26 rights be suspended during emergency?
A) Yes, under Article 359 if mentioned
B) No, never
C) Yes, automatically
D) Only for minorities
Answer: A
Explanation: Fundamental Rights can be suspended if explicitly stated.

 

State regulating temple entry for health emergencies is:
A) Valid
B) Invalid
C) Requires SC approval
D) Partially valid
Answer: A
Explanation: Health restrictions are allowed.

 

Which Article prohibits religious taxes?
A) 25
B) 26
C) 27
D) 28
Answer: C
Explanation: Article 27 prohibits taxation for promotion of a religion.

 

Management of temple land leasing is:
A) Religious
B) Secular
C) Part religious
D) None
Answer: B
Explanation: Land management is a secular aspect.

 

Religious property disputes are settled by:
A) Religious head only
B) Courts of law
C) Parliament
D) President
Answer: B
Explanation: Courts interpret and enforce the law.

 

Clause (a) of Article 26 covers:
A) Establishing schools and hospitals by a sect
B) Managing worship rituals
C) Owning temple land
D) Selling church property
Answer: A
Explanation: Clause (a) is about establishing and maintaining institutions.

 

The phrase “any section thereof” ensures:
A) Only large denominations get rights
B) Small sub-groups also get rights
C) Only minority religions are protected
D) Only State-recognised groups are protected
Answer: B
Explanation: Even smaller sub-groups within a denomination have the same rights.