Article 26 – Indian Constitution [with Explanation]

This article is a compilation of Article 26 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

Appeal - Allow our notification service by clicking on the Bell icon so that you can easily get the notification of each new article. Also join our social media handles and be a part of the latest discussions;

📌 Join YouTube	📌 Join FB Group
📌 Join Telegram	📌 Like FB Page

📖 Read This Article in Hindi

📜 Article 26

26. Freedom to manage religious affairs — 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

Religion is an organized collection of beliefs, socio-cultural systems, shared practices and world views that link humanity to an order of existence.

Religion is usually a symbol, a sacred history or scripture, a system of worship and an ideology whose main purpose is to find the meaning of life, its origin or explanation of the universe, or to achieve spiritual transcendence.

Religious freedom is also mentioned in our Preamble and this shows its importance. Religious freedom should also be given priority. Because in a way, our values, our values, our social norms are largely governed by religion.

Perhaps that is why we  chose the path of secularism  so that all religions can work together to establish a multi-religious society with a common goal, to make India prosperous, to give India the prestige it deserves in the world, etc.

There are a total of four articles in the ‘ right to religious freedom ‘ (which you can see in the chart below), in this article we are going to understand the second article i.e. article 26.

Right to religious freedom ↗️
⚫ Article 25  – Freedom of conscience and free profession, practice and propagation of religion ⚫ Article 26  – Freedom to manage religious affairs ⚫ Article 27  – Freedom as to payment of taxes for promotion of any particular religion. ⚫ Article 28  – Freedom to attend religious education

| Article 26 – Freedom to manage religious affairs

While Article 25 gives the right to individual religious freedom , Article 26 ensures the right of religious denominations.

Like Article 25, Article 26 is also subject to public order, morality and health.

But 26 is not subject to the other provisions of Part III of the Constitution. while 25 is also subject to the other provisions of Part III. [We have understood about this in detail in Article 25.]

What is meant by religious sect?

A group of persons classified by a name, or a religious sect or body having common beliefs and organization and known by a distinct name, is called a sect.

Under this article, care has been taken of the religious sect as well as its sections. That’s why under Article 26, the monastery is also considered a religious community.

Remember here that when a religious sect is accepted as a religious sect (such as Shaivism and Vaishnavism) it cannot claim to be a separate religion.

Secondly, this article does not affect the right of the state to acquire the property of a religious community. That is, the state government can acquire their property. If we look at the case of Kesavananda Bharti , it is related to this.

Article 26 has four subsections, let’s understand one by one;

(A) Subject to public order, morality and health, every religious denomination or any section thereof Right to establish and maintain institutions for religious and charitable purposes.

It gives the right to establish and run institutions for religious purposes.

Remember, the right to establish and maintain includes the right to run the administration of that institution. But this right would arise only when a religious sect has established or given birth to an institution.

(B) Subject to public order, morality and health, every religious denomination or any section thereof Will have the right to manage his religious affairs.

Meaning of the right to manage – The right to manage includes the right to spend trust property or its income for religion and for religious purposes. Or, includes the right to spend money for purposes stated by the founder or for purposes that have gone by custom in a particular institution.

Expenditure for any other purposes would be considered as a violation of this right and the state can also make laws to prevent mismanagement.

Overall , under this section every religious denomination has the right to manage matters related to religion. The state usually does not intervene in these matters, but if public order, health and morality are violated, the state can intervene.

The second limitation on this clause (clause b) of article 26 is that it is subject to article 17 and article 25(2)(b). That is, all Hindus have the right to enter public temples.

The court has the final authority to decide what will be an integral part of religion . Generally, along with the religious belief, the conduct considered by that sect as a part of its religion is also considered as a matter of religion. Food and clothing are also included in this.

Remember, in a religious ceremony a person is entitled to stand where, how worship is to be performed; All these are considered the subjects of religion.

(C) Subject to public order, morality and health, every religious denomination or any section thereof shall have the right to acquire and own property, movable and immovable.

According to this clause, every religious sect has the right to acquire and own property.

However, if the state so desires, it can acquire that property by the authority of law. But the state has to take care that such acquisition should not end the existence of the religious institution.

Keeping in view Part IV of the Constitution (i.e. Directive Principles of State Policy), the property of a religious denomination can be acquired under Article 31A(1)(a). But it has to be kept in mind that there should be no interference in the essential part of religion.

(d) Subject to public order, morality and health, every religious denomination or any section thereof shall have the right to administer such property in accordance with law.

A religious denomination has the right to own, acquire and administer property for the purposes of its devotion. All this should be done according to the law.

The state can regulate the administration of the trust property but only in accordance with a validly made law.

Means overall, according to this article, you can create a religious institution, run it according to your own, earn money from it and can also use that money.

[some facts]

The right of administration of property under clause (d) of article 26 may be regulated by law. But the right to manage religious affairs under clause (b) can be regulated by the Legislature only on grounds of public order, health and morality, and for no other reason.

The State cannot, invoking Article 26, make a law providing for the use of the property of a community for persons who have been expelled from the community on grounds of religion.

So overall this is Article 26, I hope you have understood. To understand other article, you can use the link given below.

| Related Article

Hindi Articles	English Articles
⚫ अनुच्छेद 23 ⚫ अनुच्छेद 24 ⚫ अनुच्छेद 25 ⚫ अनुच्छेद 27	⚫ Article 23 ⚫ Article 24 ⚫ Article 25 ⚫ Article 27

⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.