Article 26 – Freedom to Manage Religious Affairs

Article 26 of the Constitution of India protects the right of religious denominations and sections thereof to manage their own religious affairs. It recognises a collective dimension of religious freedom, allowing religious groups to maintain their religious institutions and organise their religious affairs subject to constitutional limitations.

Unlike Article 25, which primarily protects the individual’s freedom of conscience and religion, Article 26 protects certain rights of religious denominations or sections of religious denominations.

The right under Article 26 is not absolute. It is expressly subject to public order, morality and health.

Constitutional Provision

Article 26 provides that, 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.

The provision therefore protects four distinct rights relating to religious denominations.

Position of Article 26 in the Constitution

Article 26 is contained in Part III – Fundamental Rights.

It forms part of the Right to Freedom of Religion, which includes:

• Article 25 – Freedom of conscience and individual religious freedom
• Article 26 – Freedom of religious denominations to manage religious affairs
• Article 27 – Freedom from taxation for promotion of a particular religion
• Article 28 – Freedom concerning religious instruction in educational institutions

Article 26 should therefore be read together with the other provisions concerning religious freedom.

Who Is Protected Under Article 26?

Article 26 protects:

• Religious denominations
• Sections of religious denominations

This is an important distinction from Article 25, which is available to all persons.

Article 26 is therefore a protection for a religious community or group rather than simply an individual acting on their own behalf.

Meaning of Religious Denomination

The Constitution does not expressly define the term “religious denomination.”

The Supreme Court has therefore developed principles for determining whether a particular group qualifies as a religious denomination.

A religious denomination generally involves a group having:

• A common faith
• A common organisation
• A distinctive name
• A system of religious beliefs or practices

The exact requirements depend upon the facts and the nature of the religious group.

Shirur Mutt Case

The leading decision concerning the meaning of a religious denomination is Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, commonly known as the Shirur Mutt case.

The Supreme Court explained that a religious denomination may be understood as a collection of individuals having a system of religious beliefs or doctrines that they regard as conducive to their spiritual well-being, together with a common organisation.

The case remains central to understanding Article 26.

Rights Guaranteed by Article 26

Article 26 contains four separate constitutional rights.

Article 26(a) – Establish and Maintain Religious and Charitable Institutions

A religious denomination has the right to establish and maintain institutions for:

• Religious purposes
• Charitable purposes

This may include religious institutions and organisations established by the denomination.

The right, however, remains subject to public order, morality and health.

Article 26(b) – Manage Religious Affairs

Article 26(b) gives religious denominations the right to manage their own affairs in matters of religion.

This is one of the most important protections under Article 26.

The provision recognises that religious denominations should generally have autonomy over matters that are genuinely religious in character.

However, this does not mean that every activity carried out by a religious institution is automatically protected from State regulation.

Article 26(c) – Own and Acquire Property

A religious denomination has the right to:

• Own property
• Acquire property

The provision covers both movable and immovable property.

This enables religious denominations to maintain the material resources necessary for their religious and charitable activities.

Article 26(d) – Administer Property in Accordance With Law

A religious denomination has the right to administer its property.

However, this right is expressly qualified by the words “in accordance with law.”

This means that the administration of religious property can be regulated by valid legislation.

The distinction between managing religious affairs and administering property is therefore important.

Religious Affairs and Secular Activities

One of the most important distinctions under Article 26 is between:

Matters of religion

and

Secular administration associated with religion.

Religious denominations have greater constitutional protection concerning genuine matters of religion.

However, secular activities such as financial administration, property management and other non-religious activities may be subject to State regulation.

Article 26 and State Regulation

Article 26 does not create an unrestricted right of religious institutions to operate without regulation.

The State may regulate secular aspects of religious institutions.

For example, laws may regulate:

• Financial administration
• Property management
• Accounting
• Administration of charitable institutions
• Prevention of mismanagement

Such regulation does not necessarily violate Article 26 merely because the institution is religious.

Religious Autonomy

Article 26 recognises a degree of religious autonomy.

A religious denomination should generally be able to determine its own religious affairs without unnecessary State interference.

However, this autonomy operates within the constitutional framework.

The State can intervene where the Constitution permits regulation, particularly in relation to secular activities and the limitations expressly recognised under Article 26.

Article 26 and Public Order

Religious denominational rights cannot be exercised in a manner that threatens public order.

The State may therefore take legitimate measures to address activities that create serious disturbances of public peace.

Article 26 and Morality

Article 26 is also subject to morality.

Religious autonomy therefore does not operate completely independently of constitutional standards.

Questions involving equality, dignity and other constitutional values may become relevant when courts examine the validity of particular claims under Article 26.

Article 26 and Health

Religious denominational rights are also subject to considerations of public health.

The State may therefore regulate activities where necessary to protect health, subject to constitutional requirements.

Article 26 and Article 25

Articles 25 and 26 are closely connected but protect different interests.

Basis	Article 25	Article 26
Primary Focus	Individual religious freedom	Collective religious freedom
Persons Protected	All persons	Religious denominations and sections thereof
Main Rights	Conscience, profession, practice and propagation	Establish institutions, manage religious affairs, own property and administer property
Limitations	Public order, morality, health and other Part III provisions	Public order, morality and health
Key Question	What can an individual do in matters of religion?	What can a religious denomination manage or control?

This distinction is frequently tested in Constitutional Law examinations.

Article 26 and Article 14

Article 14 guarantees equality before law and equal protection of laws.

Article 26 protects religious denominational rights.

Where a denominational practice is challenged on equality grounds, courts may have to consider how the competing constitutional guarantees interact.

The existence of Article 26 does not automatically exclude a religious practice from scrutiny under other constitutional provisions.

Article 26 and Article 15

Article 15 prohibits discrimination on specified grounds.

Article 26, meanwhile, protects religious denominations.

The relationship between these provisions can become relevant where denominational practices involve questions of exclusion or discrimination.

The constitutional analysis depends upon the nature of the practice, the institution involved and the rights being asserted.

Article 26 and Article 27

Article 27 protects persons from being compelled to pay taxes specifically appropriated for the promotion or maintenance of a particular religion.

Article 26 concerns the institutional rights of religious denominations.

They therefore protect different aspects of religious freedom.

Article 26 and Article 28

Article 28 concerns religious instruction in educational institutions.

Article 26 concerns the rights of religious denominations to establish and maintain institutions and manage religious affairs.

The two provisions may become relevant where religious institutions are involved in education.

Essential Religious Practices Doctrine

The Essential Religious Practices Doctrine has an important connection with Articles 25 and 26.

Courts have examined whether a particular practice is an essential or integral part of a religion when deciding whether it receives constitutional protection.

The doctrine is based on judicial interpretation rather than express constitutional language.

It has consequently generated significant constitutional debate concerning the proper role of courts in determining religious questions.

Durgah Committee, Ajmer v. Syed Hussain Ali

In Durgah Committee, Ajmer v. Syed Hussain Ali, the Supreme Court considered the scope of protection available to religious practices.

The Court distinguished between essential religious practices and practices that may have developed through superstition or other non-essential elements.

The case is relevant to the development of the Essential Religious Practices Doctrine.

S.P. Mittal v. Union of India

In S.P. Mittal v. Union of India, the Supreme Court considered questions concerning religious denominations and the scope of constitutional protection.

The decision is relevant to understanding the requirements for identifying a group as a religious denomination.

Shirur Mutt and Religious Autonomy

The Shirur Mutt judgment remains particularly important because it recognised that religion can include matters of doctrine and practices regarded as integral to religious belief.

At the same time, the Court recognised a distinction between religious matters and secular activities associated with religious institutions.

This distinction continues to influence constitutional disputes involving Article 26.

Administration of Religious Property

Article 26(d) allows religious denominations to administer their property in accordance with law.

This is significant because property administration is not given the same constitutional protection as purely religious affairs.

The State can therefore establish regulatory frameworks concerning religious property, provided the regulation remains constitutionally valid.

Can the State Take Over a Religious Institution?

The State may regulate or, in certain circumstances, assume control over the administration of a religious institution or its property through valid law.

However, such intervention cannot simply be justified by describing an activity as religious administration.

The constitutional validity of State intervention depends upon:

• The nature of the activity
• Whether it is religious or secular
• The statutory framework
• The duration and extent of State control
• The Fundamental Rights involved

Religious Institutions and Charitable Activities

Article 26(a) expressly protects the establishment and maintenance of institutions for religious and charitable purposes.

Religious denominations may therefore establish charitable institutions as part of their activities.

The State may regulate the secular administration of such institutions while respecting constitutionally protected religious affairs.

Important Cases on Article 26

Case	Principle / Significance
Shirur Mutt Case	Meaning of religious denomination; religious and secular activities; denominational autonomy
Durgah Committee, Ajmer v. Syed Hussain Ali	Essential religious practices and scope of protection
S.P. Mittal v. Union of India	Meaning and identification of a religious denomination
Sri Adi Visheshwara of Kashi Vishwanath Temple v. State of U.P.	Regulation and administration of religious institutions and property

Important Features of Article 26

1. Fundamental Right

Article 26 is a Fundamental Right under Part III.

2. Protects Religious Denominations

It protects religious denominations and sections thereof.

3. Establishment of Institutions

Denominations can establish and maintain religious and charitable institutions.

4. Management of Religious Affairs

Denominations have the right to manage their own affairs in matters of religion.

5. Right to Property

Denominations can own and acquire movable and immovable property.

6. Administration of Property

They can administer their property in accordance with law.

7. Subject to Constitutional Limitations

The rights are subject to public order, morality and health.

8. Secular Activities Can Be Regulated

The State may regulate secular activities associated with religious institutions.

9. Collective Right

Article 26 primarily protects a collective religious interest rather than an individual’s personal freedom of religion.

Common Confusions

Confusion 1: Article 26 Is Available to Every Individual

No.

Article 26 protects religious denominations and sections thereof.

Individual religious freedom is primarily protected by Article 25.

Confusion 2: Article 26 Gives Religious Institutions Complete Independence

No.

The rights are subject to public order, morality and health.

Secular activities may also be regulated by law.

Confusion 3: Religious Property Cannot Be Regulated

Incorrect.

Article 26(d) itself states that property may be administered in accordance with law.

Confusion 4: Everything Done by a Religious Institution Is a Religious Matter

No.

A religious institution may carry out both religious and secular activities.

The State may regulate activities that are secular in character.

Confusion 5: Article 26 Protects Only Hindu Religious Denominations

No.

The protection extends to religious denominations generally, subject to the requirements of the provision.

Confusion 6: Article 26 and Article 25 Are Identical

No.

Article 25 primarily protects individual religious freedom, whereas Article 26 protects the collective rights of religious denominations.

Exam Relevance

Article 26 is important for:

• Constitutional Law examinations
• Judiciary examinations
• CLAT and law entrance examinations
• Freedom of Religion
• Religious Denominations
• Essential Religious Practices
• Religious Institutions
• Secularism
• Constitutional Rights

Important Cases to Remember

Shirur Mutt Case
Religious denomination and religious affairs

Durgah Committee Case
Essential religious practices

S.P. Mittal v. Union of India
Religious denomination

Sri Adi Visheshwara Case
Administration of religious institutions and property

Important Points to Remember

Concept	What to Remember
Article	Article 26
Part	Part III – Fundamental Rights
Right	Freedom of Religion
Persons Protected	Religious denominations and sections thereof
Limitation	Public order, morality and health
Article 26(a)	Establish and maintain religious and charitable institutions
Article 26(b)	Manage own affairs in matters of religion
Article 26(c)	Own and acquire movable and immovable property
Article 26(d)	Administer property in accordance with law
Important Distinction	Religious affairs vs secular administration
Leading Case	Shirur Mutt Case
Important Doctrine	Essential Religious Practices Doctrine

Quick Revision

• Article 26 → Religious denominations
• Protects the collective dimension of religious freedom.
• Applies to religious denominations and sections thereof.
• Article 26(a) → Establish and maintain religious and charitable institutions.
• Article 26(b) → Manage own affairs in matters of religion.
• Article 26(c) → Own and acquire property.
• Article 26(d) → Administer property in accordance with law.
• Subject to public order, morality and health.
• Religious affairs receive constitutional protection.
• Secular activities associated with religion may be regulated by the State.
• Shirur Mutt is the leading case on religious denomination and religious affairs.
• Article 25 → Individual religious freedom
• Article 26 → Collective religious denominational rights

Conclusion

Article 26 gives religious denominations a constitutional space to maintain their institutions and manage matters that are genuinely religious in character. It protects the collective dimension of religious freedom and recognises that religious communities require a degree of autonomy in organising their religious affairs.

The protection, however, is not unlimited. Public order, morality and health remain constitutional limitations, while secular activities and property administration may be regulated through valid law. The distinction between religious affairs and secular administration is therefore central to understanding Article 26.

For examination purposes, remember:

Article 26 → Religious Denominations

Four Rights → Establish institutions + Manage religious affairs + Own property + Administer property

Limitations → Public order + Morality + Health

Leading Case → Shirur Mutt Case