Fostering Religious Autonomy: Unveiling the Significance of Article 26 in Safeguarding Religious Freedom and Diversity in India

Topic 16: Article 26 of the Constitution of India 

Article 26 of the Constitution of India, 1949 (“Constitution”) discusses the Freedom to Manage Religious Affairs. This provision essentially provides religious denominations or groups autonomy to manage their own religious affairs and social undertakings with their own administration and free from interference from the State (i.e. the Government and Parliament of India, the Government and the Legislature of each of the States, all local or other authorities within the territory of India or under the control of the Government of India). Article 26 applies to all religious groups in India including minority groups.

For this purpose, Article 26 creates certain rights for religious denominations which are as follows:

1. Right to establish and maintain institutions for religious and charitable purposes
2. Right to manage its own affairs in matters of religion
3. Right to own and acquire movable and immovable property
4. Right to administer such property in accordance with law

In order to understand the extent of this provision better, we should discuss the Essential Religious Practices Test which was established by the Hon’ble Supreme Court of India in the case of The Commissioner, Hindu Religious Endowments, Madras vs. Shri Lakshmindar Tirtha Swamiyar of Shri Shirur Mutt (1954 AIR 282)(Shirur Mutt case) wherein it was held that the word “religion” would cover all those “essential religious practices” which are vital for the practice and continuance of such religion and what is essential, would be construed according to the doctrines, scriptures or principles of that religion itself.

Further, Article 26 was also applied in case of Sardar Syedna Taher Saifuddin Saheb vs. State of Bombay (1962 AIR 853) wherein, the Dawoodi Bohra community’s practice of excommunication was restricted by a state legislation and the court considered the Essential Religious Practices Test and Article 26 of the Constitution and upheld the custom of power of Syedna in Dawoodi Bohra community and further applied Article 26 to curtail State’s involvement in administration of religious denominations. 

Thus, we can see that the importance of this provision is to promote the idea of secularism, where the religion is independent from the State and this provision provides religious groups the autonomy to administer their own activities. 

However, such religious autonomy is not without exception. The provision is subject to the basic limitations of all fundamental rights namely Public Order, Morality and Health. This means religious groups are typically independent from State administration. However, if their activities impact Public Order, Morality or Health of people within that group or of the general public, the state can intervene. For example, in the case of Indian Young Lawyers Association vs. The State of Kerala (2018 (8) SCJ 609) popularly known as “Sabarimala Temple case”, the rule that women of menstruating age were not allowed into the Sabarimala Temple was seen as a unconstitutional and discriminatory and it was struck down by the Hon’ble Supreme Court of India in year 2018. It was held that although the religious denomination has a right to autonomy and self-administration, such right is superseded by the State’s duty to enforce the right to freedom of religion under Article 25(2) (b) of the Constitution. 

Article 26 of the Constitution holds significant importance as it safeguards the autonomy and freedom of religious denominations or groups to manage their own religious affairs. This article ensures the protection of various aspects of religious freedom, organization, and administration. Overall, Article 26 is important because it helps maintain a delicate balance between individual and community religious rights and the State's legitimate interests, while also contributing to the cultural richness and pluralism of India.

This article was written by Mr Shreyas Hingmire our attorney at Vis Legis Law Practice, Advocates .