Article 26: Freedom to manage religious affairs

Leading cases

• T.M.A. Pai Foundation v. State of Karnataka (2002)An eleven judge Bench held that all citizens may establish and administer educational institutions under Articles 19(1)(g) and 26, minorities also under Article 30, with minority status judged State-wise; the Unni Krishnan scheme was held unconstitutional.
• Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954)The Court held that Articles 25 and 26 protect religious practices as well as beliefs, struck down several provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951, and held the Section 76 contribution a tax, not a fee.

Questions on this article

5 questions in 12 of our papers cite Article 26. Try these from the free papers:

1. 1. Consider the following statements: 1. The freedom guaranteed by Article 25(1) is subject to public order, morality and health and to the other provisions of Part III. 2. The opening words of Article 26 make the rights of a religious denomination subject to public order, morality and health and also to the other provisions of Part III. 3. The freedom under Article 25(1) is available to all persons and is not confined to citizens. Which of the statements given above is/are correct?

   A.1, 2 and 3B.1 and 3 onlyC.2 and 3 onlyD.1 and 2 only
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