Q. The Article 26 of the Indian Constitution deals with the ‘Freedom to Manage Religious Affairs’. Under this Article, the Constitution:
1. Guarantees the right to every religious denomination to establish and maintain institutions for religious purposes.
2. Defines ‘religious denomination’ as a collection of individuals having common spiritual beliefs organized under a distinctive name.
3. Provides that the rights under Article 26 are subjected to the fulfillment of other Fundamental Rights.
4. Prescribes ‘morality’ and ‘health’ as reasonable grounds to impose restrictions on these rights.
How many of the above given statements is/ are correct?
Exp) Option b is the correct answer.
Article 26 of the Indian Constitution deals with Freedom to Manage Religious Affairs. This Fundamental Right deals with the rights of religious denomination or any of its sections.
Statement 1 is correct: Article 26 grants following rights to the religious denominations (or its sections): 1. Right to establish and maintain institutions for religious and charitable purposes. 2. Right to manage its own affairs in the matters of religion. 3. Right to own or acquire immovable property. 4. Right to administer such property in accordance with the law.
Statement 2 is incorrect: The Constitution does NOT define the term religious denomination.
Statement 3 is incorrect: The rights granted under Article 26 are not subjected to any other Fundamental Rights. In other words, they are not subordinate to other Fundamental Rights.
Statement 4 is correct: The Constitution explicitly provides that the rights granted under Article 26 are subject to public order, health and morality.
| Important Tips The term religious denomination has been defined by the Supreme Court of India in the Shirur Mutt case. A religious denomination should satisfy the following conditions • It should be a collection of individuals sharing beliefs for their spiritual well-being. • It should have common organization. • It should be designated by a distinctive name. |
