The freedom to oversee religious matters is guaranteed by Article 26 of Indian Constitution. This article guarantees the right of any religious denomination, or any portion thereof, to create and sustain institutions for religious and philanthropic purposes, to conduct its religious affairs, to own and acquire real estate, both immovable and portable, and to manage said property in compliance with the law. We shall examine the essential features of Article 26, its ramifications, and its importance within the democratic framework of India in this article.
Explanation Of Article 26 of Indian Constitution
- The freedom to handle matters of religious interest is facilitated by Article 26 of the Indian Constitution.
- Article 26 protects the rights of religious denominations or parts thereof. The freedom of religion is protected in this article.
- This article lays out specific guidelines for every religious group or segment that is permitted to exercise its right to religion. This privilege, however, needs to be used with consideration for morality, health, and public order.
- Clause (a) of Article 26 grants a religious group the freedom to establish and run institutions for religious and humanitarian purposes. The establishment of an educational institution is covered by the term “charitable purpose.”
- Article 25(1) therefore addresses the right to freedom of conscience. It also gives people the freedom to practise, profess, and propagate their religion. One could argue that Article 25 and Article 26 are complementary.
- Article 26 does not discuss individual rights; rather, it exclusively mentions a specific religious group. It has to do with any religious denomination. Likewise, everyone is covered by Article 25, regardless of whether they follow a majority or minority religion.
Features Of Article 26 of Indian Constitution
- Draft Article 20 was transformed into final Article 26 of Indian Constitution. The debate ended with its adoption on December 7, 1948.
- It gave certain freedoms to religious groups and denominations. This freedom included managing their property, institutions, and religious affairs.
- Below is a brief discussion of some of the characteristics of Article 26 of Indian Constitution.
Autonomy in Matters of Religion
The freedom to conduct their religious affairs is another guarantee provided by Article 26 to religious denominations or groups within them. This clause guarantees religious communities the freedom to control their religious ceremonies, rituals, and practices without intervention from the government or other outside authority. It acknowledges the special characteristics of religious organisations and their requirement for autonomy.
It is crucial to remember that this freedom is constrained by morality, public health, and public order. If religious practices are being followed in a way that goes against these principles, the state has the right to step in and take action. The objectives of the state’s intervention are to safeguard the rights and interests of individuals within the religious community, preserve social harmony, and avoid discrimination.
Meaning Of ‘Denomination’ In Article 26 of Indian Constitution
- For Article 26, the court acknowledged the definition of the word “denomination.” In the case of Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt v. Commr. H.R.E., it did just that.
- It is possible to characterise a group of people united under a common name as a “religious denomination.” Put another way, a religious sect or body that shares an organisation and a common religious faith and is distinguished by a unique name.
- Additionally, they are entitled to complete independence in selecting the rituals and ceremonies that will govern them. Nobody from the outside is allowed to interfere with their affairs.
Significance of Article 26
The protection of India’s religious communities’ autonomy and freedom of religion is greatly aided by Article 26. It recognizes people’s right to practise their religion and run their affairs without undue interference, as well as the significance of religion in the lives of individuals and communities.
Article 26 provides religious communities the authority to protect and disseminate their religious practices, customs, and beliefs by granting them the freedom to form organisations, oversee religious affairs, and possess and acquire property. It enables them to transmit to the next generation their spiritual and cultural heritage, adding to the rich diversity of India’s religious landscape.
Clause ‘A’ Of Article 26 Of The Indian Constitution
- A religious denomination has the inherent right to manage its affairs about matters of faith. The Indian Constitution’s Article 26 first clause guarantees this.
- The handling of religious affairs goes beyond dogmas and convictions. Acts about the practice of religion are included. This aids in maintaining the rites, observances, ceremonies, and forms of worship that are thought to be fundamental to any given religion.
- A religious organization or denomination has the sole authority to determine which rites and ceremonies are appropriate for a particular religion, as stated in Article 26(b). No outside authority is authorized to have an impact on these choices.
Cases Related to Article 26 of Indian Constitution
Bramchari Sidheshwar Bhai V. State Of West Bengal
- The Ram Krishna Mission attempted to distinguish itself in this instance as a non-Hindu minority. Members of it were to be regarded as Hindus for inheritance and marriage. But in terms of religion, its members desired to be acknowledged as non-Hindus.
- This would certainly mean that they are made to become recognized as legitimate Hindus. They would identify as non-Hindus by religion. This reminded me of Buddhism and Sikhism.
- In this regard, the Supreme Court issued its decision. It stated that devotees of Ram Krishna are not permitted to identify as members of the Ram Krishna minority. There is a loose association between the Ram Krishna and Hindu religions. It is not a member of a minority religion. It cannot, therefore, claim the fundamental right to establish and oversee educational institutions operating under the Ram Krishna Mission. The Indian Constitution’s Article 30 (1) addresses it.
Azeez Basha V. Union Of India
- In this instance, some modifications were made to the Aligarh Muslim University Act of 1920. These changes were applied in 1965 and 1951.
- The petitioner challenged these modifications, arguing that they infringe upon the fundamental right guaranteed by Article 30 to create and manage educational institutions. Furthermore, the rights of the Muslim minority as guaranteed by Articles 25, 26, and 29 were violated.
- Muslim minorities were free to found universities before 1920, according to a Supreme Court decision. The Aligarh Muslim University can’t assert that the Muslim community founded it. It was not founded by the Muslim minority, but rather by central legislation under the Aligarh Muslim University Act of 1920.
Conclusion
Article 26 of Indian Constitution guarantees religious freedom by allowing religious groups to run their businesses, establish institutions, and own property—all while striking a balance with the public’s rights to health, morality, and order. This preserves India’s rich diversity of religious practices while also upholding the democratic framework by ensuring both autonomy and regulation.
