Consider the following statements regarding the right to manage religious affairs under Article 26 of the Indian Constitution:
1. This right is available to both individual citizens and religious denominations.
2. Unlike Article 25, the rights guaranteed under Article 26 are not subject to the restriction of 'other provisions of Part III'.
3. A religious denomination has the absolute right to administer its property in accordance with its own customs, completely immune from state regulations.

Which of the statements given above is/are correct?

Question

Consider the following statements regarding the right to manage religious affairs under Article 26 of the Indian Constitution:
1. This right is available to both individual citizens and religious denominations.
2. Unlike Article 25, the rights guaranteed under Article 26 are not subject to the restriction of 'other provisions of Part III'.
3. A religious denomination has the absolute right to administer its property in accordance with its own customs, completely immune from state regulations.

Which of the statements given above is/are correct?

Accepted Answer

Statement 1 is incorrect: Article 26 protects collective freedom, hence it is available to 'religious denominations' or sections thereof, not to individual citizens (which is covered under Article 25). Statement 2 is correct: Article 26 is explicitly subject only to public order, morality, and health, and notably omits the phrase 'subject to other provisions of Part III'. Statement 3 is incorrect: Article 26(d) states that a denomination has the right to administer property but 'in accordance with law' passed by the State, meaning it can be regulated.

Answer

Answer