About Article 26
· Article 26 — Freedom to Manage Religious Affairs, subject to public order, morality and health, every religious denomination has the right to:
- Establish & maintain religious and charitable institutions
- Manage its own religious affairs
- Own & acquire movable and immovable property
- Administer such property according to law
Article 26: Four Rights
| Clause | Right |
| Article 26(a) | Establish and maintain institutions for religious and charitable purposes |
| Article 26(b) | Manage its own affairs in matters of religion |
| Article 26(c) | Own and acquire movable and immovable property |
| Article 26(d) | Administer such property in accordance with law |
Religious Denomination under Article 26
According to the Shirur Mutt Case (1954), a religious denomination is a group that:
- Shares common beliefs — follows a distinct system of religious beliefs or doctrines.
- Has a common organisation — members are connected through an organised structure.
- Has a distinctive name — the group is identified by a specific name.
Matters of Religion
- Article 26(b) protects a denomination’s right to manage its own religious affairs, particularly matters that are essential and integral to the religion.
- However, secular activities associated with religion—such as financial, economic and political activities—can be regulated by the State.
Conclusion
Article 26 protects the collective autonomy of religious denominations while allowing the constitutional framework to regulate their activities in the interests of public order, morality, health and lawful administration.
| This concept has been elaborately discussed in the following article – Supreme Court Clarifies Rights Over National Song |