Article 26 of the Indian Constitution is a fundamental right, a provision located in Part III, which guarantees the Freedom to manage religious affairs to every religious denomination or any section thereof. Unlike Article 25, which secures the individual's right to profess and practice religion, Article 26 protects the collective rights of organized religious groups.
The provision originated from Draft Article 20 and was debated on December 7, 1948, before being adopted as Article 26 in the Constitution of India, 1950. The Chairman of the Drafting Committee ensured the right was made subject to 'public order, morality and health,' a restriction accepted without debate.
The article grants four specific rights, all subject to the overarching limitations of public order, morality and health: (a) the right "To establish and maintain institutions for religious and charitable purposes"; (b) the right "To manage its own affairs in matters of religion"; (c) the right "To own and acquire movable and immovable property"; and (d) the right "To administer such property in accordance with law". The Supreme Court, in The Commissioner, Hindu Religious Endowments, Madras v. Shri Lakshmindra Thirtha Swamiar of Shri Shirur Mutt (1954), established that a "religious denomination" must have a common faith, a common organization, and a distinct name.
Article 26 is intrinsically connected to the broader framework of religious freedom, including Article 27, which prohibits the State from compelling citizens to pay taxes for the promotion of any particular religion. While the text of the article has not been amended, its interpretation has evolved significantly. In Indian Young Lawyers Association v. State of Kerala (2018), the Supreme Court ruled that the denominational right under Article 26 cannot override other fundamental rights, such as the right to equality under Article 14, thereby subjecting collective religious freedom to the principle of constitutional morality. This judgment reinforced that the right to administer property under clause (d) is not absolute and is subject to secular law.