Introduction

Article 26 of the Constitution gives rights to religious groups to manage their own affairs.
It is an important part of the freedom of religion and supports the idea of a secular State.

Meaning / Definition

The term “religious denomination” is not defined in the Constitution.

In the Shirur Mutt case, the Supreme Court explained it as:

• A group of people
• Having a common faith
• Having a common organisation
• Identified by a distinct (separate) name

Modes or Types

Right to Establish Institutions

Religious groups can establish institutions for religious and charitable purposes.

Right to Manage Religious Affairs

They can manage their own internal religious matters without interference.

Right to Own Property

They can acquire and own movable (can be moved) and immovable (land/buildings) property.

Right to Administer Property

They can manage their property according to law.

Limitations on the Right

These rights are subject to:

• Public order (peace in society)
• Morality (accepted standards of right and wrong)
• Health

If a practice harms society, it will not be protected.

Related Provisions

Freedom from Religious Taxes (Art. 27)

No person can be forced to pay taxes for promoting a particular religion.

Religious Instruction in Institutions (Art. 28)

• No religious teaching in fully State-funded institutions
• Religious teaching allowed in institutions created under trust
• No one can be forced to attend religious instruction

Important Case Law

Shirur Mutt Case

Defined “religious denomination” and held that religious groups have autonomy (freedom) in religious matters.

Bramchari Sidheshwar Bhai v State of West Bengal

The Court held that Ram Krishna Mission is not a separate religion from Hinduism and cannot claim minority status.

Azeez Basha v Union of India

The Court held that Aligarh Muslim University was created by law, not by a religious minority, so it cannot claim minority rights under Article 30.

Atheist Society of India v Government of A.P.

The Court rejected a ban on religious practices in State functions, holding that it would violate freedom of religion.

D.A.V. College v State of Punjab

The Court held that teaching about Guru Nanak’s life is not religious instruction, but academic study.

Aruna Roy v Union of India

The Court held that value-based education based on religions is valid, as long as it is not forced religious teaching.

Distinction / Comparison

Religious Denomination vs Religion

• Religion: A broad system of belief (e.g., Hinduism, Islam)
• Religious Denomination: A sub-group within a religion with a distinct identity

Practical Example

A temple trust can appoint its own priests and manage its rituals.
However, if it follows a practice that harms public health or order, the State can regulate it.

Summary

• Article 26 gives rights to religious groups (denominations)
• A denomination must have a common faith, organisation and name
• Rights include managing religious affairs and property
• Rights are subject to public order, morality and health
• State can regulate non-religious matters
• Courts decide whether a group qualifies as a denomination