Hello dear students, hope you are doing well. Welcome to the video lecture on Article 26 of Indian Constitution which is in continuation to Right to Religion. In the previous video, you must have watched a video lecture on Article 25 and you need to understand that the Right to Religion is provided under Article 25, 26, 27 and 28. Before dealing with Article 26, let me quickly give you a summary of how the right to religion and secularism are balanced in the Indian Constitution.
Our country, as a secular state, maintains neutrality towards all the religions. The essence of a secular state lies in its unbiased treatment of all religious groups, ensuring equal respect without favoritism. So, we need to understand that Articles 25-28 of Indian Constitution holistically addresses the right to belief, faith and conscience along with the right to practice and propagate religion.
The essential basis of Indian constitution is that all citizens are equal and religion of a citizen is irrelevant in the matter of his enjoyment of fundamental rights. In a series of judgments, Supreme Court had therefore stated that though the Indian constitution is secular and does not interfere with religious freedom, it does not allow religion to encroach adversely on the secular rights of citizens or the power of states to regulate socio-economic relations. Hence, by examining Article 25 of Indian Constitution, it can be understood that the provision asserts freedom of conscience and the right to freely profess, practice, and propagate religion subject to considerations of public order, morality and health and the provisions of Indian constitution.
Notably, Article 26 is in continuation to Article 25 and it is titled as Freedom to Manage Religious Affairs. It reads as subject to public order, morality and health, every religious denomination or Any section thereof shall have the right to establish and maintain institution of religious and charitable purposes, maintain its own affairs in matters of religion, to own and acquire movable and immovable property, and to administer such property in accordance with law. So let's understand the scope and application of Article 26 of Indian Constitution.
Article 26 grants the right to religious denominations, sections or groups to manage their religious affairs, which encompasses the right to establish and maintain religious institutions, manage their properties and administer their rituals, ceremonies and customs. It ensures that religious organizations have the freedom to conduct and regulate their religious practices, manage their internal affairs, and govern their religious properties without undue interference from the state or other external entities. That means, when Article 25 primarily safeguards individual rights, Article 26 extends these protections to religious groups. By virtue of Article 26, religious denominations or groups are provided with autonomy to manage their own religious affairs and social undertakings with their own administration. It is to be freed from interference from the state that is from the government and parliament of India and government and legislature of each of the states and all local or other authorities within the territories of India which are under the control of government of India.
Here Article 26 applies to all religious groups in India including minority groups. Religious denomination means a subgroup within the religion that operates under a common name, tradition and identity. You need to understand that a religious denomination is a subgroup within a religion but not the religion itself. Well, the constitution does not define the term religious denomination but In the landmark case of Shiroor Mutt of 1954, SP Mittal v. Union of India 1983 and thereafter in the case of Sabarimala judgment of 2018, the Supreme Court had given proper interpretations that we will discuss in the subsequent videos. But yes, this freedom of managing religious affairs is also subject to certain limitations.
Article 26 specifies that this right is subject to public order, morality and health, implying that the exercise of this right should not infringe upon these essential conditions. The limitation clause allows the state to regulate religious practices that may threaten public order, morality or health. It enables the state to balance the rights of religious denominations with the broader societal interests and necessities. I trust that through this video you have gained insight into the complexities associated with upholding religious rights while navigating the intricate balance with the doctrine of secularism. Additionally, it is expected that you have comprehended the interconnectedness between Article 25 and Article 26 of Indian Constitution.
Thank you.