Article 26 of Indian Constitution Part1

Summary

This lecture delves into Article 26 of the Indian Constitution, highlighting its role in allowing religious groups autonomy over their affairs. It underscores the balance between religious freedom and secularism, ensuring that while individuals and groups can freely practice and manage their religious affairs, these rights are not absolute and are subject to public order, morality, and health. The lecture also touches on the Supreme Court's interpretations of religious rights, emphasizing the Constitution's secular nature and its commitment to equal treatment of all religions.

Takeaways

• 📜 Article 26 of the Indian Constitution is a continuation of the right to religion discussed in Article 25.
• 🌐 As a secular state, India maintains neutrality towards all religions and ensures equal respect without favoritism.
• 🔄 Articles 25 to 28 address the right to belief, faith, conscience, practice, and propagate religion.
• 🏛️ Article 26 provides the freedom to manage religious affairs, including establishing institutions, managing properties, and administering rituals.
• 🏢 Religious denominations or groups have autonomy to manage their own religious affairs without state interference.
• 🏠 The term 'religious denomination' refers to a subgroup within a religion, operating under a common name, tradition, and identity.
• 🚫 The freedom to manage religious affairs under Article 26 is subject to public order, morality, and health.
• 🏥 The state can regulate religious practices that may threaten public order, morality, or health.
• ⚖️ The Supreme Court has provided interpretations of 'religious denomination' in landmark cases like Shirur Mutt and Sabarimala Judgment.
• 🔗 Article 25 safeguards individual rights, while Article 26 extends protections to religious groups.

Q & A

What is the main focus of Article 26 of the Indian Constitution?

Article 26 focuses on the freedom to manage religious affairs, granting religious denominations or any section thereof the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in matters of religion, own and acquire movable and immovable property, and administer such property in accordance with law.

How does Article 26 relate to Article 25 of the Indian Constitution?

Article 26 is in continuation to Article 25, which asserts freedom of conscience and the right to freely profess, practice, and propagate religion. While Article 25 safeguards individual rights, Article 26 extends these protections to religious groups, ensuring autonomy in managing their own religious affairs.

What does it mean for a state to be secular as per the Indian Constitution?

A secular state, as per the Indian Constitution, maintains neutrality towards all religions, ensuring equal respect without favoritism. It implies unbiased treatment of all religious groups and does not allow religion to adversely encroach on the secular rights of citizens or the power of states to regulate socioeconomic relations.

What are the implications of the Supreme Court's judgments on the balance between religious rights and secularism?

The Supreme Court has stated that while the Indian Constitution is secular and does not interfere with religious freedom, it does not allow religion to adversely affect the secular rights of citizens. This balance ensures that religious practices do not infringe upon public order, morality, or health.

What limitations does Article 26 place on the management of religious affairs?

Article 26 specifies that the right to manage religious affairs is subject to public order, morality, and health. This implies that the exercise of this right should not infringe upon these essential conditions, allowing the state to regulate religious practices that may threaten societal interests.

What is meant by 'religious denomination' in the context of Article 26?

A 'religious denomination' refers to a subgroup within a religion that operates under a common name, tradition, and identity. It is a subgroup, not the religion itself. The Constitution does not define the term 'religious denomination,' but the Supreme Court has provided interpretations in cases like Shirur Mutt of 1954 and Sabarimala Judgment of 2018.

How does Article 26 ensure autonomy for religious groups?

Article 26 ensures autonomy for religious groups by providing them with the freedom to conduct and regulate their religious practices, manage their internal affairs, and govern their religious properties without undue interference from the state, government, or other external entities.

What are the rights granted to religious denominations or groups under Article 26?

Under Article 26, religious denominations or groups have the right to establish and maintain religious institutions, manage their properties, administer their rituals, ceremonies, and customs, and own and acquire movable and immovable property.

How does Article 26 apply to minority religious groups in India?

Article 26 applies to all religious groups in India, including minority groups, ensuring they have the same rights to manage their religious affairs as majority groups, without discrimination.

What is the significance of Article 26 in maintaining the secular fabric of India?

Article 26 is significant in maintaining the secular fabric of India as it allows religious groups to manage their affairs autonomously while ensuring that their practices do not infringe upon public order, morality, or health, thus balancing religious freedom with the secular principles of the state.

Can you provide an example of how the Supreme Court has interpreted Article 26 in a landmark case?

In the landmark case of 'Shirur Mutt of 1954', the Supreme Court interpreted Article 26 to mean that a religious denomination has the right to manage its own affairs, including property and rituals, without state interference, provided it does not violate public order, morality, or health.

Outlines

00:00

📜 Article 26 of the Indian Constitution: Freedom to Manage Religious Affairs

This paragraph introduces Article 26 of the Indian Constitution, which is a continuation of the right to religion discussed in Article 25. It emphasizes the secular nature of India, where the state maintains neutrality towards all religions and ensures equal respect without favoritism. The paragraph explains that Articles 25 to 28 address the right to belief, faith, and conscience, as well as the right to practice and propagate religion. It highlights that all citizens are equal, and a citizen's religion should not affect the enjoyment of fundamental rights. The Supreme Court has stated that while the Constitution is secular and does not interfere with religious freedom, it does not allow religion to adversely affect secular rights or state regulation of socioeconomic relations. Article 26 specifically grants religious denominations or sections the right to manage their religious affairs, establish and maintain religious institutions, manage properties, and administer rituals and customs without undue state interference. It applies to all religious groups, including minorities, and ensures autonomy in managing religious affairs and social undertakings.

05:01

🚧 Limitations on Article 26: Balancing Religious Freedom with Secularism

This paragraph discusses the limitations of Article 26, which states that the right to manage religious affairs is subject to public order, morality, and health. It implies that religious practices that may threaten these essential conditions can be regulated by the state. The paragraph explains that this limitation allows the state to balance the rights of religious denominations with broader societal interests and necessities. The paragraph concludes by stating that the video provides insight into the complexities of upholding religious rights while maintaining a balance with secularism. It also mentions the interconnectedness between Article 25 and Article 26, setting the stage for further discussion in subsequent videos.

Keywords

💡Secular State

A secular state is one that maintains neutrality towards all religions, treating them equally without favoritism. In the context of the video, India is described as a secular state, meaning it does not favor any particular religion. This concept is crucial for understanding the balance between religious freedom and the state's role in regulating socio-economic relations, as mentioned in the video.

💡Article 25

Article 25 of the Indian Constitution provides for the right to freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health. It is a fundamental right that safeguards individual rights related to religion. The video script discusses Article 25 as a precursor to Article 26, emphasizing the progression from individual rights to the collective rights of religious groups.

💡Article 26

Article 26 of the Indian Constitution is titled 'Freedom to manage religious affairs' and grants religious denominations or any section thereof the right to manage their religious affairs. It is highlighted in the video as a continuation of Article 25, focusing on the collective rights of religious groups to establish and maintain institutions, manage properties, and administer their own affairs without state interference.

💡Religious Denomination

A religious denomination refers to a subgroup within a religion that operates under a common name, tradition, and identity. The video script explains that Article 26 applies to all religious groups in India, including minority groups, and that a religious denomination is a subgroup but not the religion itself. This term is important for understanding the scope of Article 26 and who it protects.

💡Fundamental Rights

Fundamental rights are the basic rights of citizens that are protected by the Constitution. The video script discusses how the Indian Constitution ensures that all citizens are equal and that religion is irrelevant in the enjoyment of these rights. These rights form the bedrock of the constitutional framework that safeguards individual liberties, including religious freedom.

💡Supreme Court Judgments

The Supreme Court judgments mentioned in the video script are significant because they interpret and apply constitutional provisions, including Articles 25 and 26. These judgments help to clarify the boundaries of religious freedom and the state's role in regulating religious practices to ensure they do not adversely affect secular rights or public order.

💡Public Order, Morality, and Health

These are the considerations under which the rights provided by Articles 25 and 26 are subject to limitations. The video script explains that while religious freedom is protected, it must not infringe upon public order, morality, or health. This balance is crucial for maintaining societal harmony and the state's ability to regulate when necessary.

💡Autonomy

Autonomy, in the context of the video, refers to the freedom of religious groups to manage their own religious affairs without undue interference from the state. Article 26 provides autonomy to religious denominations or groups, allowing them to govern their religious practices and properties independently, as long as it aligns with public order, morality, and health.

💡Socio-economic Relations

Socio-economic relations refer to the various interactions and connections between individuals and groups in society that have economic and social implications. The video script mentions that the Indian Constitution does not allow religion to encroach adversely on the power of states to regulate socio-economic relations, indicating the need to balance religious freedom with broader societal interests.

💡Interconnectedness

The term interconnectedness is used in the video script to describe the relationship between Articles 25 and 26 of the Indian Constitution. It signifies that the rights granted by these articles are not isolated but are part of a larger constitutional framework that aims to balance individual and collective religious rights with the state's secular responsibilities.

💡Shirur Mutt Case

The Shirur Mutt case is a landmark Supreme Court judgment mentioned in the video script that provided interpretations of the term 'religious denomination'. This case is significant for understanding the scope of Article 26 and how it applies to religious groups in India. The judgment helps to clarify the constitutional protections for the management of religious affairs.

Highlights

Article 26 of the Indian Constitution is about the right to manage religious affairs.

India is a secular state, maintaining neutrality towards all religions.

The essence of secularism is unbiased treatment of all religious groups.

Articles 25 to 28 address the right to belief, faith, and conscience.

Religion of a citizen is irrelevant in the enjoyment of fundamental rights.

The Supreme Court has stated that religion should not encroach on secular rights.

Article 25 asserts freedom of conscience and the right to practice and propagate religion.

Article 26 is in continuation to Article 25, focusing on managing religious affairs.

Religious denominations have the right to establish and maintain institutions for religious and charitable purposes.

Religious groups have autonomy to manage their own religious affairs and social undertakings.

Article 26 applies to all religious groups, including minority groups.

A religious denomination is a subgroup within a religion with a common name, tradition, and identity.

The Supreme Court has provided interpretations of religious denomination in landmark cases.

The freedom to manage religious affairs is subject to public order, morality, and health.

The state can regulate religious practices that threaten public order, morality, or health.

The video provides insight into the balance between religious rights and secularism.

The interconnectedness between Article 25 and Article 26 of the Indian Constitution is emphasized.

Transcripts

hello dear students hope you're doing

well welcome to the video lecture on

article 26 of Indian Constitution which

is in continuation to right to religion

in the previous video you must have

watched a video lecture on article 25

and you need to understand that the

right to religion is provided under

article 25 26 27 and

28 before dealing with article 26 let me

quickly give you a summary of how the

right to religion and secularism are

balanced in the Indian constitution our

country as a secular State maintains

neutrality towards all the religions the

essence of a secular state lies in its

unbiased treatment of all religious

groups ensuring equal respect without

favoritism so we need to understand that

articles 25 to 28 of Indian constitution

hold ically addresses the right to

belief faith and conscience along with

the right to practice and propagate

religion the essential basis of Indian

constitution is that all citizens are

equal and religion of a citizen is

Irrelevant in the matter of his

enjoyment of fundamental rights in a

series of judgments Supreme Court had

therefore stated that though the Indian

constitution is secular and does not

interfere with religious freedom it does

not allow religion to encroach adversely

on the secular rights of citizens or the

power of states to regulate

socioeconomic

relations hence by examining article 25

of Indian constitution it can be

understood that the provision asserts

freedom of conscience and the right to

freely profess practice and propagate

religion

subject to considerations of public

order morality and health and the

provisions of Indian constitution

notably article 26 is in continuation to

article 25 and it is titled as freedom

to manage religious Affairs it reads as

subject to public order morality and

health every religious denomination or

any section thereof shall have the right

to Esta Lish and maintain institution of

religious and charitable purposes

maintain its own Affairs in matters of

religion to own and acquire movable and

immovable property and to administer

such property in accordance with law so

let's understand the scope and

application of article 26 of Indian

Constitution Article 26 Grants the right

to religious denominations section

or groups to manage their religious

Affairs which encompasses the right to

establish and maintain religious

institutions manage their properties and

administer their rituals ceremonies and

Customs it ensures that religious

organizations have the freedom to

conduct and regulate their religious

practices manage their Internal Affairs

and govern their religious properties

without undue interference from the

state or other external entities that

means when article 25 primarily

safeguards individual rights article 26

extends these protections to religious

groups by virtue of article 26 religious

denominations or groups are provided

with autonomy to manage their own

religious Affairs and social

undertakings with their own

Administration it is to be freed from

interference from the state that is from

the government and Parliament of India

and government and legislature of each

of the states and all local or other

authorities within the territories of

India which are under the control of

government of India here article 26

applies to all religious groups in India

including minority groups religious

denomination means a subgroup within the

religion that operates under a common

name tradition and identity you need to

understand that a religious denomination

is a subgroup within a religion but not

the religion itself well the

Constitution does not defy the term

religious denomination but in the

landmark case of shirur mud of 1954 SP

mitl versus Union of India 1983 and

therea in the case of shabarimala

Judgment of

2018 the Supreme Court had given proper

interpretations that we will discuss in

the subsequent videos but yes this

freedom of managing religious Affairs is

also subject to certain limitations

article 26 specifies that this right is

subject to public order morality and

health implying that the exercise of

this right should not infringe a on

these essential conditions the

limitation Clause allows the state to

regulate religious practices that may

threaten public order morality or health

it enables the state to balance the

rights of religious denominations with

the broader societal interest and

Necessities I trust that through this

video you have gained insight into the

complexities associated with upholding

religious rights while navigating the

intricate balance with the doctrine of

secularism additionally it is expected

that you have comprehended the

interconnectedness between article 25

and article 26 of Indian constitution

thank you