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ARTICLE 26 – Freedom to Manage Religious Affairs

Amith

🟥 ARTICLE 26 – Freedom to Manage Religious Affairs

🧠 What is it?

Article 26 gives collective religious freedom — not to individuals like Article 25, but to religious groups (called denominations).

⚖️ Text of Article 26

Subject to public order, morality, and health, every religious denomination shall have the right to:
a) Establish and maintain religious institutions
b) Manage its own affairs in matters of religion
c) Own and acquire property (movable/immovable)
d) Administer such property according to law

✅ Simple Meaning of Key Terms:

🔸 Religious denomination =

A group within a religion that has its own:

  • Beliefs

  • Customs

  • Followers

  • Identity

📌 Examples:

  • Shaivites, Vaishnavites in Hinduism

  • Sunni, Shia in Islam

  • Catholics, Protestants in Christianity

  • Lingayats, Ramanandis, Aurobindo Ashram, etc.

🔸Who gets this right?

👉 Every religious denomination or a section of it.

What is a Religious Denomination?

(As defined by the Supreme Court in SP Mittal case)

A religious denomination must have:

Feature Meaning
Common faith/beliefs Shared religious philosophy or teachings
Common organization Structure like a head, priests, or trust
Distinct name Identifiable name like Shaivism, Sunni, Jain, etc.

✅ Examples:

  • Hindus → Shaivism, Vaishnavism

  • Muslims → Shia, Sunni

  • Others → Ramakrishna Mission, Ananda Marga (SC held they are denominations)
    ❌ Aurobindo Society – Not a religious denomination.

🟦 Rights Given Under Article 26

Clause Right Given Simple Explanation
(a) To establish & maintain religious & charitable institutions Build temples, gurudwaras, mutts, madrasas, and run them
(b) To manage their own affairs in matters of religion Freedom to decide religious practices, rituals, customs
(c) To own and acquire property (movable or immovable) Buy or receive land, buildings, money, etc.
(d) To administer such property as per law Manage that property legally (under trust, board, etc.)

✅ Important Clarifications and Case Laws:

🔹 Relation between Article 25 and 26:

Earlier confusion: Article 26 seemed independent of 25.

But in Sri Venkataramana Devaru v. State of Mysore, SC clarified:

  • Article 25(2) (social reform) can override Article 26.

  • So Article 26 is also subject to reform, not absolute.

🔹 26(a): Establish & Maintain Institutions

  • Group right (not individual).

  • Can exclude people of other religions from rituals.

  • Must be established by the denomination itself.

🔹 26(b): Manage Religious Affairs

  • Religious groups can decide rites and ceremonies.

  • But State can restrict if:

    • ⚠️ Against public order

    • ⚠️ Immoral

    • ⚠️ Harmful to health

🔹 Haji Ali Dargah Case (2016–17)

  • Dargah Trust banned women from entering sanctum.

  • Trust claimed Article 26 right to manage affairs.

  • HC said ❌: Article 26 can’t violate:

    • Article 14 (equality)

    • Article 15 (no gender discrimination)

    • Article 25 (women’s religious freedom)

➡️ Conclusion: Religious institutions with public character must follow constitutional values.

🔹 26(c) & 26(d): Own and Administer Property

  • Religious groups can own temples, land, etc.

  • But managing such property must follow laws.

✅ Does Waqf property come under Article 26?

Yes — Waqf properties come under Article 26, but with legal and regulatory limitations.

 Example: A Muslim donates land for a mosque or madrasa — that land becomes Waqf property.

🎯 How does it relate to Article 26?

✅ Article 26(d):

Every religious denomination has the right to own and acquire property and administer it according to law.

🔸 So, Muslim religious institutions (like mosques, dargahs, madrasas) are religious denominations under Article 26,
🔸 And they have the right to manage their Waqf properties.

  • Managed by a Mutawalli (caretaker/manager)

  • Regulated under the Waqf Act, 1995

📌 But — only "according to law."
That means: they have to follow the rules laid down by the Waqf Act, 1995 (or earlier versions).

✅ Yes, Waqf properties fall under Article 26 as part of Muslim religious denomination rights.
🚫 But the State can regulate their management through the Waqf Act, as long as it's reasonable and for public interest.

Question Answer
Is Waqf abolished in India? ❌ No, it still exists under Waqf Act, 1995
Are Waqf Boards dissolved? ❌ No, they still operate
Is land record control shifting? ✅ In some states, to the Revenue Department
Is Article 26 right affected? ❌ No — religious usage is still protected
Any SC judgment banning Waqf? ❌ No — Waqf Act is constitutional as of now

🧠 Q: If someone declares land as Waqf, can you go to court or only to the Waqf Board?

🔴 What many people believe:

“If Waqf Board registers your land as Waqf property, you can't go to a civil court — only Waqf Tribunal can handle it.”

⚖️ Truth:

✅ Yes, there are restrictions under the Waqf Act, but 🚫 you are NOT completely barred from going to court.

📌 Example:

  1. A Hindu farmer owns land for 40 years.

  2. One day, the Waqf Board declares it as Waqf land.

  3. When the farmer tries to sell or build, he’s told “you can’t — this is Waqf land.”

  4. He tries to go to civil court — it's rejected (Section 6/85)

  5. He must go to Waqf Tribunal, and later, High Court if needed.

🔍 Problem arises when:

  • Waqf Board registers private land as Waqf without informing the current owner.

  • The owner often doesn't even know — it’s marked in land records.

  • When they discover, they're told: “Go to Tribunal — not civil court.”

  • And sometimes, they miss the 1-year deadline.

⚖️ Important case: Trivikram Narain Singh v. State of UP

  • Kashi Vishwanath Temple Act gave power to manage temple to a Board.

  • SC said this is valid – as long as the religious part isn’t interfered with.

⚖️ Dr. M. Ismail Faruqui Case

  • Land of Babri Masjid acquired by Govt.

  • SC: Mosque is not essential to Islam – Namaz can be offered anywhere.

  • So State can acquire immovable religious properties for public purpose.

  • If a religious place is not essential, the government can acquire it

Sabarimala Temple Case – Background

  • Sabarimala Temple in Kerala follows an old tradition:
    ❌ Women between ages 10 to 50 (who are usually menstruating) were not allowed to enter the temple.

  • Why?
    The deity Lord Ayyappa is considered a celibate (brahmachari), and allowing women of reproductive age was seen as violating his vow.

🔸 2018 Supreme Court Verdict – Landmark Judgment

  • In the case Indian Young Lawyers Association v. State of Kerala, 2018:
    🧑‍⚖️ A 5-judge bench gave a 4:1 majority judgment.

✅ Majority View:

  • Ban is unconstitutional: It violates women's rights to equality (Article 14) and religious freedom (Article 25).

  • Ban is like untouchability, hence also violates Article 17.

  • Said this practice is not essential to the religion.

  • Women of all ages should be allowed entry.

❌ Dissenting View (Justice Indu Malhotra):

  • Courts should not interfere in religious beliefs unless they are harmful (like Sati).

  • This is a matter of faith, not equality.

🔸 Review Petitions & Current Status

  • Many groups challenged the 2018 judgment.

  • They argued:

    • "Constitutional Morality" is a vague term.

    • Court should not interfere in religious faith.

  • Supreme Court did not cancel the 2018 verdict, but:

    • It sent the matter to a larger 7-judge bench to examine wider questions.

  • SC referred the matter to a 7-judge bench, clubbing it with issues like:

    • Entry of women into mosques

    • Female genital mutilation (Dawoodi Bohras)

🔸 Larger Bench Will Examine: Big Constitutional Questions

  1. How to balance Articles 25 and 26 (religion) with Article 14 (equality)?

  2. Should courts decide what is “essential” to a religion?

  3. Can outsiders (non-followers) file PILs against a religion's practices?

  4. Should courts interfere in matters only theologians should decide?

❓Example: Can a non-Muslim file a PIL against women not allowed in mosques?

🔸 The Wider Implications

  • Will affect many other issues, like:

    • Entry of women in mosques,

    • Practice of female genital mutilation among Dawoodi Bohra community.

🧠 Understanding “Doctrine of Essentiality” – Very Important for UPSC

🔹 What is it?

  • Invented in 1954 in Shirur Mutt case.

  • SC said: The term “religion” includes essential practices and court can decide what is "essential".

  • Court said: Only practices that are essential/integral to a religion are protected.

  • Supreme Court took the power to decide what is essential.

🔹 Debates & Criticism

  1. Essentiality vs Freedom of Religion

    • In Ratilal Gandhi case (1954), SC said every person has the freedom to choose their beliefs.

    • But essentiality test limits that freedom.

  2. Judicial Overreach

    • Critics say courts are not religious experts.

    • How can judges decide what is essential to a religion?

  3. Inconsistent Judgments

    • Sometimes courts use religious texts.

    • Sometimes they check what followers actually do.

    • No fixed rule = creates confusion and arbitrariness.

  4. Group Rights vs Individual Rights

    • Essential practices protect group rights.

    • But individuals also have religious rights.

    • This creates a conflict.

🧠 Understanding “Constitutional Morality”

🔹 What is it?

  • Not defined in the Constitution.

  • Supreme Court says it means:

    • Respecting the values of the Constitution.

    • Promoting equality, dignity, liberty, and pluralism.

🔹 Use in 2018 Sabarimala Judgment

  • Article 25 allows freedom of religion subject to morality.

  • The court said:

    • “Morality” means Constitutional Morality.

    • So, if a religious practice violates equality, it’s unconstitutional, even if it’s based on faith.

⚠️ Limits on Article 26

Limits Explanation
✅ Public Order State can intervene if practices disturb peace
✅ Morality Practices like Sati, exclusion of women = ❌
✅ Health Animal sacrifices, unhygienic rituals can be regulated
❌ Other FRs? Article 26 is not directly subject to other rights (like 14, 15), but courts balance all rights in modern judgments

📝 UPSC-Relevant Summary Table

Point Summary
Article 26 Collective right of religious denominations
Rights Given Establish institutions, manage religion, own property, administer it
Who gets it? Religious groups with common faith, structure, and name
Limitations Public order, morality, health
Famous Cases Dawoodi Bohra (Excommunication), Haji Ali Dargah (Gender rights), Faruqui (Mosque land), Kashi Vishwanath Temple Act

📚 UPSC Connect:

Mains GS-2:

  • Q. Discuss the scope of Article 26 in light of recent judgments like Dawoodi Bohra, Haji Ali Dargah, and Social Boycott Act.

  • Q. Can freedom to manage religious affairs override gender equality?

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