The freedom of every religious denomination to manage its own affairs in matters of religion is guaranteed by:

Article 26 gives every religious denomination, or any section of it, the freedom to manage its own religious affairs, subject to public order, morality and health.

Rights under Article 26:

• To establish and maintain institutions for religious and charitable purposes.
• To manage its own affairs in matters of religion.
• To own and acquire movable and immovable property.
• To administer such property in accordance with law.

Meaning of a religious denomination:

• The Supreme Court has said that a religious denomination is a group of people who share a common faith, have a common organisation and are known by a distinctive name.
• Examples include Hindu sects such as the followers of a particular math, and groups within other religions.

Group right versus individual right:

• Freedom of conscience is an individual right.
• Article 26 protects the collective rights of religious groups.

Important judgments:

In the Shirur Mutt case (1954), the Supreme Court developed the "essential religious practices" test. Only practices that are essential to a religion are protected from State interference.

The State can regulate the secular activities of religious institutions, such as the management of their finances.

Property and the law:

• A denomination has the right to administer its property, but only in accordance with law.
• So the State can make laws to regulate the administration of temple and mosque properties, for example through endowment boards and wakf boards.

Link with secularism:

• The Article prevents the State from controlling purely religious matters, while still allowing it to regulate secular aspects.
• This reflects the Indian model of secularism, in which the State keeps a principled distance from religion.

Why not the other options?

• ✗Article 24 prohibits child labour in factories, mines and hazardous work.
• ✗Good to know
• ✗Articles 29 and 30 deal with the cultural and educational interests of minorities.