Freedom to Manage Religious Affairs

Introduction

Religion, especially in a vastly diverse country like India, is something that both connects and divides us. While religion represents the beliefs of a group of persons, it also plays a vital role in the personality of an individual. India has a rich history of centuries of civilisations and dynasties, where each of them are bound to have a distinguishing belief system and religion. This brings in a need to regulate the practice of religion in the country –  giving people the freedom to practice one of their choice as well as ensure there is no misuse in the name of religion.

 Article 26 of the Indian Constitution

Article 26 of the Constitution of India provides with the freedom to manage religious affairs. It is a fundamental right, falling under the subset of right to religion covered by articles 25 to 28. A bare reading of the article is as follows:

Freedom to manage religious affairs subject to public order, morality and health, every religious denomination or any section thereof shall have the right

1. a)       To establish and maintain institutions for religious and charitable purposes,
2. b)     To manage its own affairs in matters of religion,
3. c)       To own and acquire movable and immovable property, and
4. d)     To administer such property in accordance with law.

 Right to Religion

Articles 25 through 28 of the Indian Constitution provide persons, whether or not they are citizens of India, the right to religion, i.e. freedom to practice a religion of one’s own choice. The State cannot interfere with the choices persons make with respect to rites and practices to do with religion unless immoral, and forceful conversion is illegal.

 Religious Denominations

Article 26 can be read in conjunction with Article 25 of the Indian Constitution, which guarantees freedom of conscience and free profession, practice and propagation of religion without preventing any law to regulate or restrict matters affiliated with religious practices. Article 25 deals with individuals and their fundamental right to practice and profess a religion of their choice. Article 26, on the other hand, does not talk about individuals, but religious denominations.

A religious denomination as defined by the Supreme Court is a religious sect or body having a common faith and organisation and designated by a distinctive name. This means that article 26 deals with smaller groups that form under larger religions, for example, Catholics is a religious denomination of Christianity and Ramakrishna Mission is a religious denomination of Hinduism.

Hence, Article 25 talks about the rights of individuals, and Article 26 talks about sub-groups of religions, i.e. religious denominations. Both are complementary in nature.

Article 26 (a) – Right to establish and maintain institutions for religious and charitable purposes

This sub-clause covers institutions for religious purposes, like temples, mosques, churches, etc. Charitable institutions include hospitals, schools, etc. Religious denominations have the right to establish and maintain institutions. However, it is important to note that the establishment and the administrative management come hand in hand. Religious denominations can only maintain those institutions that have been established by the same denomination.

 Article 26 (b) – Right to manage its own affairs in matters of religion

A religious denomination has the right to manage its own affairs, which includes prayers, rituals and rites performed, in any manner as they desire without any interference. An interference from the State is only permitted in case it affects the public order, morality or health of the citizens. However, it is a fundamental right of an individual to access religious institutions. Hence, in taking a liberal understanding of article 26(b), a religious denomination shall not practice discrimination, unless it involves reasons such as certain rituals only being performed by a certain class.

 Article 26 (c) – Right to own and acquire immovable and immovable property

Religious denominations have the right to own and acquire their own property as long as the provisions of law have been followed where applicable. It just gives the right to religious denominations to legally own property in their own name.

 Article 26 (d) – Right to administer such property in accordance with law

The property as mentioned in the previous clause will be administered by the religious denomination that owns it. This is a continuance of right stating that the denomination owning the property will also get to manage it. All laws applicable to properties will also be applicable to such properties. Acquisition of a religious property will also be permitted as per law, given that the acquisition will not result in the diminishing of a religious sub-group and such place does not have a distinctive significance to such a religion.

Conclusion

Stemming from the secularism principle laid down by the preamble of the Indian Constitution, Article 26 dealing with the freedom to manage religious affairs gives autonomy to religious sub-groups to decide how to conduct their affairs, religious and charitable, and own property in order to conduct such affairs without any interference. This is a conditional right, since the religious denominations cannot violate any other articles of the constitution, such as discriminate against a particular class of persons or restrict an individual’s right to practice a religion of their choice. A denominational right shall not prevail over individual rights.