Rights of Religious Denominations under Article 26

Article 26 protects the collective freedom of a religious community to organize its religious life and institutions. It guarantees specified rights to every religious denomination, or any section of one, subject to public order, morality and health.

Four constitutional protections

Article 26 guarantees institutional autonomy through four distinct protections:

• A denomination may establish and maintain institutions for religious and charitable purposes.
• It may manage its own affairs in matters of religion, protecting autonomy over essential religious questions.
• It may own and acquire movable and immovable property.
• It may administer such property in accordance with law, allowing lawful regulation of its secular and financial administration.

Who may claim these rights

In The Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar, 1954, commonly called the Shirur Mutt case, the Supreme Court associated a religious denomination with a common faith, a common organization and a distinctive name. Article 26 expressly extends protection to a denomination as well as any section thereof.

Scope and limitations

These rights are not absolute because their exercise remains subject to public order, morality and health. The Constitution distinguishes protected management of religious affairs from administration of property, which may be regulated by valid law.

• Regulation of secular administration does not by itself amount to management of religious doctrine or practice.
• Article 26 protects collective institutional freedom, while Article 25 principally protects freedom of conscience and the right of persons to profess, practise and propagate religion.

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