Article 26 (Part III – Fundamental Rights)
Following Article 25, which guarantees individual freedom of religion, Article 26 protects the collective rights of religious denominations. It grants every religious denomination or section thereof the right to manage its own religious affairs.
Article 26 provides four key rights: to establish and maintain religious institutions, to manage its own affairs in matters of religion, to own and acquire property, and to administer such property in accordance with law. These rights allow religious groups to function independently within the constitutional framework.
However, these freedoms are subject to public order, morality, and health. The State may regulate secular activities associated with religious institutions, such as financial management or property administration, but it cannot interfere in essential religious practices without valid constitutional grounds.
Courts often examine whether a practice is religious in nature or secular in character when disputes arise. This helps maintain a balance between religious autonomy and constitutional values.
Thus, Article 26 ensures institutional religious freedom while preserving the authority of the State to regulate secular aspects in the interest of society.
Disclaimer
This article is written for general educational and constitutional awareness purposes only. It does not constitute legal advice.
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