Article 26 of the Constitution of India is a fundamental right and a key provision under Part III, guaranteeing the Freedom to manage religious affairs to collective entities. This right is available to every religious denomination or any section thereof, complementing the individual right to freedom of religion under Article 25.
The provision originated from Draft Article 20, which was debated on December 7, 1948, and was included to ensure religious groups could maintain their institutional integrity and manage their affairs without unwarranted state intrusion. The Chairman of the Drafting Committee proposed the inclusion of the restriction "subject to public order, morality and health," which was accepted to allow the State to regulate religious institutions when necessary.
Article 26 grants four specific rights: (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. The State can regulate the administration of property to prevent maladministration, but it cannot take away the right of administration itself.
This Article is closely connected to the entire Right to Freedom of Religion (Articles 25-28). Its scope has been defined by the Supreme Court, notably in The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954), which established that religious denominations have complete autonomy in deciding matters of religion. However, the Court later clarified in Durgah Committee, Ajmer v. Syed Hussain Ali (1961) that the protection extends only to practices that are essential and integral to the religion. More recently, in Indian Young Lawyers Association v. State of Kerala (2018), the Court held that the right under Article 26 cannot override constitutional morality or other fundamental rights like Article 14 (Equality). The core text of Article 26 has not been amended since the Constitution's enactment in 1950, but its interpretation remains a subject of judicial and legislative debate, such as the recent discussions on the State's control over religious institutions.