Article 26 of Indian Constitution Part1
Summary
TLDRThis 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
- π Article 26 of the Indian Constitution is a continuation of the right to religion discussed in Article 25.
- π As a secular state, India maintains neutrality towards all religions and ensures equal respect without favoritism.
- π Articles 25 to 28 address the right to belief, faith, conscience, practice, and propagate religion.
- ποΈ Article 26 provides the freedom to manage religious affairs, including establishing institutions, managing properties, and administering rituals.
- π’ Religious denominations or groups have autonomy to manage their own religious affairs without state interference.
- π The term 'religious denomination' refers to a subgroup within a religion, operating under a common name, tradition, and identity.
- π« The freedom to manage religious affairs under Article 26 is subject to public order, morality, and health.
- π₯ The state can regulate religious practices that may threaten public order, morality, or health.
- βοΈ The Supreme Court has provided interpretations of 'religious denomination' in landmark cases like Shirur Mutt and Sabarimala Judgment.
- π 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
π 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.
π§ 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.
Mindmap
Keywords
π‘Secular State
π‘Article 25
π‘Article 26
π‘Religious Denomination
π‘Fundamental Rights
π‘Supreme Court Judgments
π‘Public Order, Morality, and Health
π‘Autonomy
π‘Socio-economic Relations
π‘Interconnectedness
π‘Shirur Mutt Case
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
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