Home The Constitution Part III Article 26

Art. 26 Part III: Fundamental Rights

Freedom to Manage Religious Affairs

Exact text — Constitution of India

Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—(a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law.

In Plain English

What this Article actually means

Where Article 25 protects an individual's religious freedom, Article 26 protects a religious DENOMINATION's collective freedom — the right to run its own institutions, manage its own religious affairs, and own and administer property. Clause (d) is notable: property administration must be 'in accordance with law', meaning the State can regulate the secular, administrative side of running religious institutions (like financial management) even while staying out of purely religious/doctrinal matters under clause (b).

Why This Matters To You

How it shows up in everyday life

This is the Article behind a religious community's right to run its own temples, churches, mosques or gurdwaras, decide who can be a priest or religious head, and manage internal religious rituals — while still being subject to general laws on things like financial transparency or building safety.

Landmark Cases

How courts have interpreted this Article

The Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur MuttAIR 1954 SC 282 — An early, influential ruling distinguishing 'religious' matters (protected under 26(b)) from 'secular' matters like financial administration (which the State can regulate under 26(d)). Verify this case

Read alongside this one

Art. 25 — Freedom of Conscience and Religion Art. 27 — Freedom From Taxation for a Religion

Frequently Asked

Quick answers about Article 26

Can the government take over management of a temple's finances?

Yes, courts have generally allowed State oversight of the secular/administrative aspects (like finances) of religious institutions, distinct from purely religious decision-making, which remains protected.

Does this Article protect only large, established religions?

No — it protects 'any religious denomination or section thereof', which courts have interpreted to include smaller religious sects and sub-groups meeting certain criteria (common faith, organisation, and a distinctive name).

← PreviousArticle 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion Next →Article 27: Freedom From Taxation for Promotion of a Religion

The text above reproduces Article 26 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.