Lecture on Article 26 of the Indian Constitution

Introduction

• Continuation of the Right to Religion from Article 25.
• Right to Religion includes Articles 25, 26, 27, and 28.
• India as a secular state maintains neutrality towards all religions.
• Articles 25-28 address the rights related to belief, faith, conscience, practice, and propagation of religion.

Secularism in Indian Constitution

• The Indian Constitution ensures equal respect for all religious groups without favoritism.
• Fundamental rights are irrespective of a citizen’s religion.
• Supreme Court rulings: Constitution is secular and protects religious freedom but regulates socio-economic relations.

Article 25 Recap

• Freedom of conscience and right to profess, practice, and propagate religion.
• Subject to public order, morality, health, and constitutional provisions.

Article 26 - Freedom to Manage Religious Affairs

• Grants rights to religious denominations or sections to manage their religious affairs.
• Rights include:
  • Establishing and maintaining religious and charitable institutions.
  • Managing affairs in matters of religion.
  • Owning and acquiring movable and immovable property.
  • Administering such properties according to law.

Scope and Application of Article 26

• Protection extends from individuals (Article 25) to groups (Article 26).
• Autonomy for religious groups to manage affairs without state interference.
• Applies to all religious groups, including minority groups.
• Definitions:
  • Religious Denomination: A subgroup within a religion with a common name, tradition, and identity.

Legal Interpretations

• The term "religious denomination" is not defined in the Constitution.
• Supreme Court interpretations:
  • Shiroor Mutt Case (1954)
  • SP Mittal vs. Union of India (1983)
  • Sabarimala Judgment (2018)

Limitations of Article 26

• Subject to public order, morality, and health.
• The state can regulate practices threatening these conditions.
• Balances religious rights with societal interests and needs.

Conclusion

• Insight into balancing religious rights with secularism.
• Understanding the connection between Articles 25 and 26.