Article 26 provides Freedom to manage religious affairs which is subjected to which of the following?

(i) Public order

(ii) Morality

(iii) Health

Question

Question

This question was previously asked in

Kerala PSC Common Preliminary Exam (GRADUATE LEVEL) PYP 38-24

Answer 1

Key Points

Article 26 of the Indian Constitution provides freedom to manage religious affairs to every religious denomination or section.
However, this freedom is not absolute and is subject to public order, morality, and health to ensure that religious practices do not violate societal norms or individual rights.
It allows religious groups to:
Establish and maintain religious institutions.
Manage their own affairs in religious matters.
Own and acquire movable and immovable property.
Administer such property according to the law.

Important Points

Public Order:
Any religious practice disturbing public peace or inciting violence can be restricted.
Example: Ban on animal/human sacrifices in public places.
Morality:
Practices that violate fundamental ethical principles can be prohibited.
Example: Sati (widow immolation) was abolished despite religious claims.
Health:
If a religious activity poses a public health risk, the government can intervene.
Example: Ban on rituals involving unhygienic practices (e.g., forcing devotees to drink untreated holy water in mass gatherings).

Additional Information

Difference Between Article 25 and Article 26:
Article 25: Provides freedom of religion to individuals.
Article 26: Grants collective religious rights to religious groups.
Landmark Cases:
Shirur Mutt Case (1954): Defined the term "religious denomination" under Article 26.
Sabarimala Case (2018): Supreme Court ruled that barring women from temple entry violated gender equality, citing that religious practices are subject to morality and equality under the Constitution.
Religious Rights vs. Fundamental Rights Conflict:
The State can regulate religious practices if they violate fundamental rights such as equality (Article 14) or dignity (Article 21).
Example: Triple Talaq was banned in 2019, as it was deemed against gender justice.