Article 26
Freedom to Manage Religious Affairs
Article 26 grants every religious denomination — or any section thereof — the right to (a) establish and maintain institutions for religious and charitable purposes, (b) manage its own affairs in matters of religion, (c) own and acquire movable and immovable property, and (d) administer such property in accordance with law. This is the primary constitutional basis the BKTC invoked for its exclusion resolution.
- "Religious denomination": Three requirements per SP Mittal v. Union of India (1983) — common faith, common organisation, distinctive name
- Article 26(b): Manage own affairs "in matters of religion" — the key phrase; courts distinguish between purely religious matters (State cannot interfere) and secular matters associated with religion (State can regulate)
- Limitation: Article 26 rights are subject to public order, morality, and health — not absolute
- State can regulate administration (secular aspects) of religious institutions
- Ratilal Panachand Gandhi v. State of Bombay (1954): Established that the State cannot manage purely religious affairs but can regulate secular activities of religious institutions
● Tracked since March 11, 2026 · last seen August 12, 2026 · updates as the daily brief publishes
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