Question

Whether the following statement is true about Article 26 of the Constitution :

1. There is a clear distinction between the right of religious denomination to manage its own affairs in matters of religion and the right to manage property by religious denomination
2. The former is a fundamental right which cannot be taken away except as per Article 25 and the latter can be regulated by law.
3. The religious denominations can impose restrictions on themselves.

• A. Only (i) & (ii)
• B. Only (i) & (iii)
• C. Only (ii) & (iii)
• D. All of the above (i), (ii) & (iii)

Answer 1

Answer:

D. All of the above (i), (ii) & (iii)

Article 26: Freedom to manage religious affairs. Subject to public order, morality, and health, every religious denomination or any section thereof has the right:

• (i) & (ii) Distinction between religious matters and property: The Supreme Court (e.g., in the Shirur Mutt case) established a clear distinction between the right to manage matters of religion (Article 26(b)) and the right to own and acquire movable/immovable property and administer it in accordance with law (Article 26(d)). The former is a fundamental right that cannot be taken away except as per Article 25 (subject to public order, morality, and health), while the administration of property can be regulated by law.

• (iii) Self-imposed restrictions: Religious denominations have the autonomy to govern their internal affairs, including imposing self-regulation or restrictions on their members or practices in matters of religion.