6.16.2. Description

Article 26 states that a religion has a right to

♤ Establish and maintain its institutions for religious and charitable purposes,

♤ Manage its own affairs and

♤ Acquire property for the same.

♤ The State can make laws to regulate the administration of such property, but it cannot take away the right to administration altogether.

This freedom is, however, subject to public order, morality and health.

Note- The “religious denomination” must satisfy three conditions. It must be a collection of individuals who has a system of beliefs or doctrine which they regard as conducive to their spiritual well-being. These include a common faith, common organisation and designation by a distinctive name.

Note – while right to property of an individual is not a Fundamental Right anymore, for religious denomination it continues to be a Fundamental Right.

Note: In a January 2014 verdict the Supreme Court quashed the Tamil Nadu government's order appointing executive officer to manage the affairs and properties of the ancient Sri Sabhanayagar Temple, better known as Nataraja temple, in Chidambaram in Tamil Nadu. The SC Bench held that the temple will be managed by priests and cannot be taken over by the state government over allegations of mismanagement of temple properties.