The Constitution of India
Article 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.
Why this exists
Article 26 was designed to protect India's religious pluralism by allowing diverse faiths and denominations to organize themselves and manage their own religious institutions without excessive state control. At the same time, the framers balanced this freedom against the need for public order, health, and morality, and allowed the state to regulate secular aspects like property management, ensuring religious autonomy doesn't override collective welfare or legal accountability.
How courts read it
The Supreme Court, starting with the Shirur Mutt case (1954), distinguished between 'religious' matters (protected under Article 26(b)) and 'secular' matters like property administration (regulable under 26(d)). Courts have often had to decide what counts as an 'essential religious practice'—a test that determines how much protection a practice gets. Later cases, such as the Sabarimala judgment (2018), debated whether restricting women's entry was an essential religious practice or a discriminatory custom, showing how courts continue to balance denominational autonomy against constitutional values like equality.
Common misconceptions
- Myth: Religious groups can do anything they want under Article 26, including ignoring safety or property laws.
Fact: Courts have clarified that while religious practices are protected, managing property and finances can still be regulated by law. - Myth: Article 26 only applies to big religions like Hinduism or Islam.
Fact: It applies to any religious denomination or section within a religion, including smaller sects or reform movements.