Freedom to manage religious affairs

Article 20, Draft Constitution of India 1948

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.

Article 26, Constitution of India 1950

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.

Draft Article 20 (Article 26) was debated on 7 December 1948. It gave religious denominations and sections freedom over their religious affairs, institutions, and property.

The Chairman of the Drafting Committee proposed to make the right subject to ‘public order, morality and health’. He stated that similar restrictions applied to other fundamental rights and the State must have the ability to regulate religious institutions and their affairs if necessary. This was accepted without debate.

One member took issue with the word ‘charitable’ in clause (a). He argued that allowing religious denominations to maintain charitable institutions solely to benefit their own members violated the principles of fraternity and single nationality in the Constitution.

Several other amendments were proposed and rejected without debate. The amended Draft Article was adopted on the same day, that is 7 December 1948.