Article 26 of the Costitution of India with Case law
Here is a detailed explanation of Article 26 of the Constitution of India, along with relevant case law.
📜 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:
Article 26 protects the collective freedom of religion, i.e., it grants certain rights to religious denominations or sections thereof, not just to individuals.
This includes the right to establish and run religious institutions, manage religious practices, own property, and administer such property, subject to public order, morality, and health.
However, this right is not absolute — it can be regulated by the State through legislation for social welfare or reform.
⚖️ Key Case Laws on Article 26:
âś… The Commissioner, Hindu Religious Endowments, Madras v. Shri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954 AIR 282, SCR 1005)
Landmark judgment on Article 26.
The Supreme Court defined “matters of religion” and held that a religious denomination has full autonomy in deciding religious matters.
Held: The term "religion" under Article 26(b) includes rituals, ceremonies and modes of worship. The State cannot interfere in these matters.
However, administration of property under Article 26(d) can be regulated by secular laws.
âś… S.P. Mittal v. Union of India (1983 AIR 1)
The court discussed whether Auroville was a "religious denomination".
It was held that to claim protection under Article 26, the body must be:
A religious denomination
With common faith and organization
Auroville was not found to be a religious denomination and therefore could not claim Article 26 rights.
âś… Ratilal Panachand Gandhi v. State of Bombay (1954 SCR 1055)
The Bombay Public Trusts Act gave the State certain powers over religious trusts.
The Supreme Court upheld the rights of religious denominations under Article 26, while also noting that administration of property can be subject to regulations.
âś… Ismail Faruqui v. Union of India (1994 AIR 564)
Concerned with the acquisition of the disputed land around the Babri Masjid.
The Court ruled that a mosque is not essential to the practice of Islam, so acquisition of a mosque is not necessarily a violation of Article 26.
The judgment drew a distinction between religious belief and secular activity (i.e., managing land/property).
âś… Sri Adi Visheshwara of Kashi Vishwanath Temple v. State of U.P. (1997 AIR 1415)
The Court reaffirmed the State’s power to legislate in the administration of temple property under Article 26(d).
It also emphasized that religious practices themselves cannot be interfered with, but property-related matters can be regulated.
🧾 Summary:
| Clause | Description |
|---|---|
| (a) | Right to establish and maintain religious and charitable institutions |
| (b) | Right to manage religious affairs |
| (c) | Right to own and acquire property |
| (d) | Right to administer property as per law |
Article 26 protects group rights of religious communities.
It draws a line between:
Religious affairs → protected from State interference
Secular activities like property management → subject to regulation
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