26. Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law
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So the entire text of this clause as given in Dr Subramanyam Swami vs the state of Tamil Nadu was “ not subject to any other provision of part III of the Constitution as the limitations prescribed by lawmakers by virtue of article 25”
Now article 25 (right to freedom of religion) has two limitations i.e. it gives two powers to states-
- Regulating any economic political financial activity which may be associated with religious practice
- Providing for social welfare and reform or throwing open of religious institutions of a public character to all
- classes of hindus.
So the article 26 prohibits the state to exercise the above two powers when it comes to religious denominations.
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Article 26 of Constitution of India – Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right
(i) to establish and maintain institutions for religious and charitable purposes;
(ii) to manage its own affairs in matters of religion;
(iii) to own and acquire movable and immovable property; and
(iv) to administer such property in accordance with law.
Article 25 of Constitution of India – Freedom of conscience and free profession, practice and propagation of religion
(i) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion
(ii) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
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