Which of the following statements is/are correct ? Article 26 of the Constitution of India states that subject to public order, morality and health, every religious denomination or any section thereof shall have the right. 1. to establish and maintain institutions for religious and charitable purposes. 2. to manage its own affairs in matters of religion. 3. to own and acquire movable and immovable property. Select the correct answer using the codes given below

1. Architecture of Fundamental Rights (Part III) (basic)

To understand the Constitution of India, one must first appreciate the 'Soul' of the document: **Part III**. Often referred to as the Magna Carta of India, Part III contains a comprehensive and elaborate list of justifiable rights. These rights are not merely legal permissions but are 'Fundamental' because they are guaranteed by the Constitution, the fundamental law of the land, and are essential for the all-round development of individuals. The vision for these rights was rooted in the desire for a sovereign Republic that ensures justice and dignity to every citizen History CLASS XII (NCERT 2025 ed.), FRAMING THE CONSTITUTION, p.327.

The architecture of these rights is organized into distinct clusters. While the provisions are more detailed than those in any other written constitution Introduction to the Constitution of India, D. D. Basu (26th ed.), FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.97, they are currently grouped into **six categories**:

• Right to Equality (Articles 14–18)
• Right to Freedom (Articles 19–22)
• Right against Exploitation (Articles 23–24)
• Right to Freedom of Religion (Articles 25–28)
• Cultural and Educational Rights (Articles 29–30)
• Right to Constitutional Remedies (Article 32)

It is crucial to recognize that this architecture evolved over time. Originally, the Constitution provided for seven fundamental rights. The missing piece today is the Right to Property (Article 31). In a major constitutional shift, the 44th Amendment Act of 1978 deleted this right from Part III Indian Polity, M. Laxmikanth(7th ed.), Salient Features of the Constitution, p.30. It was rebranded as a legal right and moved to Article 300-A in Part XII. This means that while you still have a right to property, it no longer enjoys the same high-level protection as the Fundamental Rights that allow you to go directly to the Supreme Court for enforcement.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Salient Features of the Constitution, p.30; Introduction to the Constitution of India, D. D. Basu (26th ed.), FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.97; History CLASS XII (NCERT 2025 ed.), FRAMING THE CONSTITUTION, p.327

2. Article 25: Individual Freedom of Conscience (basic)

Welcome back! In our previous step, we looked at the broad architecture of Fundamental Rights. Today, we dive into the heart of individual religious liberty: Article 25. While many people think of religion as a communal or group activity, the Indian Constitution treats it first as an individual right. Article 25 ensures that every person — whether a citizen of India or a foreign national — has the freedom to follow their heart and mind when it comes to spiritual beliefs.

As explained in Indian Polity, M. Laxmikanth (7th ed.), Fundamental Rights, p.94, Article 25 is not just about worship; it encompasses four distinct dimensions that cover both the internal thoughts and external actions of a person:

• Freedom of Conscience: This is the most profound part. it is the absolute inner freedom of an individual to mold their relation with God or creatures in whatever way they desire. It is entirely internal and private.
• Right to Profess: This is the right to declare your religious beliefs and faith openly and freely without fear.
• Right to Practice: This involves the performance of religious worship, rituals, and ceremonies, and the exhibition of beliefs through dress or symbols.
• Right to Propagate: This is the right to spread or transmit one's religious beliefs to others. However, it is important to note that this does not include a right to convert another person forcibly, as that would infringe on that person's own freedom of conscience.

It is vital to understand that these rights are not absolute. The State can step in to restrict these freedoms on the grounds of public order, morality, and health, or if they conflict with other Fundamental Rights Indian Constitution at Work, NCERT Class XI, RIGHTS IN THE INDIAN CONSTITUTION, p.31. For instance, the State can regulate secular activities (economic or political) associated with religious practice or even pass laws for social welfare and reform, such as opening Hindu religious institutions of a public character to all classes of Hindus.

Dimension	Nature	Example
Conscience	Internal / Mental	Personal belief in a specific deity or being an atheist.
Profess & Practice	External / Physical	Wearing a Kirpan (Sikhs) or performing a Havan.
Propagate	External / Social	Expounding the tenets of one's faith to others.

Sources: Indian Polity, M. Laxmikanth (7th ed.), Fundamental Rights, p.94; Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), RIGHTS IN THE INDIAN CONSTITUTION, p.31

3. The Indian Model of Secularism (intermediate)

To understand the Indian Model of Secularism, we must first look at what it is not. In many Western countries, secularism is defined by a "Wall of Separation"—a mutual exclusion where the state does not interfere in religion, and religion does not interfere in the state. However, in a deeply multi-religious society like India, this "negative" concept was deemed insufficient. Instead, India adopted a "Positive Concept of Secularism", which translates to giving equal respect to all religions (Sarva Dharma Sambhava) Laxmikanth, Salient Features of the Constitution, p.31.

The hallmark of the Indian model is the strategy of "Principled Distance." This means that while the state is not tied to any one religion, it does not remain a passive spectator. The state can, and often must, intervene in religious affairs to bring about social reform or to protect fundamental rights. For example, the state intervened to ban untouchability and is empowered to open Hindu religious institutions of a public character to all sections of Hindus Political Theory Class XI, Secularism, p.121. This demonstrates that Indian secularism is not just about the state keeping away from religion, but about the state engaging with all religions to ensure equality and justice.

Furthermore, unlike Western models that focus almost exclusively on the rights of the individual, the Indian model provides protection for both individuals and religious communities. While Article 25 protects an individual’s freedom of conscience, Article 26 guarantees the rights of religious denominations to manage their own affairs, own property, and maintain institutions Political Theory Class XI, Secularism, p.127. This dual focus ensures that minority cultures are protected from being overwhelmed by the majority, fostering a landscape of peaceful coexistence.

Feature	Western Secularism	Indian Secularism
Nature of Separation	Mutual exclusion ("Wall of Separation").	Principled distance (State can intervene for reform).
Focus	Individual rights are central.	Rights of both individuals and communities are protected.
State Action	State cannot support religious activities.	State can provide aid to religious educational institutions.

Sources: Laxmikanth, M. Indian Polity, Salient Features of the Constitution, p.31; Political Theory, Class XI (NCERT), Secularism, p.121; Political Theory, Class XI (NCERT), Secularism, p.127

4. Cultural and Educational Rights (Articles 29-30) (intermediate)

In a diverse democracy like India, the majority’s culture and language usually sustain themselves through sheer numbers. However, the beauty of our Constitution lies in its commitment to protecting the unique identity of smaller groups. This is why Articles 29 and 30 are often called the "Charter of Minority Rights," though as we will see, their reach is actually broader. These rights ensure that India remains a mosaic of cultures rather than a melting pot where smaller identities are dissolved Political Theory, Class XI (NCERT 2025 ed.), Secularism, p.122.

Article 29 acts as a general shield for any "section of citizens" to conserve their distinct language, script, or culture. A common misconception is that Article 29 applies only to minorities. However, the Supreme Court has clarified that the phrase "section of citizens" includes both minorities and the majority Indian Polity, M. Laxmikanth (7th ed.), Fundamental Rights, p.95. This article also guarantees that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid from State funds on grounds only of religion, race, caste, or language.

Article 30, on the other hand, is a specific right granted exclusively to religious and linguistic minorities. It gives them the right to establish and administer educational institutions of their choice Introduction to the Constitution of India, D. D. Basu (26th ed.), MINORITIES, SCHEDULED CASTES AND SCHEDULED TRIBES, p.456. This ensures that the State cannot force a minority community to send its children to institutions that do not reflect their cultural or linguistic values. Interestingly, while the Right to Property was removed as a Fundamental Right by the 44th Amendment (1978), Article 30(1A) was added to ensure that if the State acquires the property of a minority institution, the compensation must be fair enough so that their right to run the institution is not effectively cancelled Indian Polity, M. Laxmikanth (7th ed.), Fundamental Rights, p.96.

Feature	Article 29	Article 30
Scope	Any "Section of Citizens" (Minority & Majority)	Only Religious and Linguistic Minorities
Core Objective	Protection of language, script, or culture	Right to establish and administer educational institutions

Sources: Indian Polity, M. Laxmikanth (7th ed.), Fundamental Rights, p.95-96; Political Theory, Class XI (NCERT 2025 ed.), Secularism, p.122; Introduction to the Constitution of India, D. D. Basu (26th ed.), MINORITIES, SCHEDULED CASTES AND SCHEDULED TRIBES, p.456; Introduction to the Constitution of India, D. D. Basu (26th ed.), FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.144

5. Limitations: Public Order, Morality, and Health (intermediate)

In our journey through Fundamental Rights, it is vital to understand that liberty is never absolute. If rights were unlimited, one person's freedom could easily become another person's oppression. Therefore, the Constitution balances individual liberty with the needs of society by imposing reasonable restrictions. Specifically, when we look at the Right to Freedom of Religion (Articles 25 and 26), the state is empowered to limit these freedoms on three specific grounds: Public Order, Morality, and Health Indian Constitution at Work, NCERT Class XI, p.38.

Let’s break down these three pillars of limitation:

• Public Order: This refers to the maintenance of public peace, safety, and tranquility. While you have the right to practice your religion, you cannot do so in a way that incites violence or creates a riot. For example, the state can regulate the timing of a religious procession if it risks clashing with another group and causing civil unrest Introduction to the Constitution of India, D. D. Basu, p.125.
• Morality: This ground allows the state to intervene when a practice offends the prevailing sense of ethical conduct or decency. It is not confined to sexual morality alone; it extends to standards of propriety in a secular society Introduction to the Constitution of India, D. D. Basu, p.119.
• Health: The state can restrict religious practices that pose a threat to the physical well-being of the practitioners or the general public. For instance, during a pandemic, the government can prohibit large religious gatherings to prevent the spread of disease.

Beyond these three, the state also retains the power of social reform. This means the government can interfere in religious matters to root out "social evils" like untouchability or sati, and it can ensure that Hindu religious institutions of a public character are open to all classes and sections of Hindus Introduction to the Constitution of India, D. D. Basu, p.139. This highlights that in the Indian context, secularism does not mean a total wall of separation, but rather a system where the state can intervene to uphold human dignity and public welfare.

Sources: Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), RIGHTS IN THE INDIAN CONSTITUTION, p.38; Introduction to the Constitution of India, D. D. Basu (26th ed.), FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.119, 125, 139

6. Article 26: Collective Freedom of Religion (exam-level)

While Article 25 protects the individual's conscience, Article 26 shifts the focus to the collective freedom of religion. It recognizes that for a religion to survive and thrive, its followers must have the right to organize, own property, and manage their internal affairs as a group. This article grants four specific rights to every religious denomination or any of its sections: (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 Indian Polity, M. Laxmikanth, Fundamental Rights, p.94.

A crucial point for your preparation is the definition of a 'religious denomination.' Since the Constitution doesn't define it, the Supreme Court has established a three-fold test: the group must have a common system of beliefs (doctrines), a common organization, and a distinctive name. Under this test, the Court has held that the Ramakrishna Mission and Ananda Marga are religious denominations, whereas the Aurobindo Society is not Indian Polity, M. Laxmikanth, Fundamental Rights, p.95.

Unlike Article 25, which is subject to public order, morality, health, and other provisions relating to Fundamental Rights, the rights under Article 26 are only explicitly subject to public order, morality, and health. However, the judiciary has clarified that these rights are not absolute. For instance, in the Sri Venkataramana Devaru vs. State of Mysore (1957) case, the Court ruled that the right of a denomination to manage its own affairs (Art 26b) must be balanced with the state's power to open Hindu religious institutions to all classes of Hindus (Art 25-2b) Indian Polity, M. Laxmikanth, Important Doctrines of Constitutional Interpretation, p.670.

Feature	Article 25	Article 26
Nature of Right	Individual Freedom	Collective/Denominational Freedom
Scope	Conscience, practice, profession, propagation	Institutional management and property administration
Restrictions	Public order, morality, health, and other FRs	Public order, morality, and health

Sources: Indian Polity, M. Laxmikanth, Fundamental Rights, p.94-95; Indian Polity, M. Laxmikanth, Important Doctrines of Constitutional Interpretation, p.670

7. Solving the Original PYQ (exam-level)

In your previous modules, you learned the critical distinction between Article 25, which protects individual freedom of conscience, and Article 26, which protects the collective rights of religious denominations. This question tests your ability to identify the specific 'building blocks' of institutional autonomy. While Article 25 is subject to all Fundamental Rights, Article 26 is specifically limited only by public order, morality, and health. This creates a specialized zone of protection for groups to function as organized entities, ensuring that Indian secularism protects not just the believer, but the religious institution itself as described in The Constitution of India.

To arrive at the correct answer, reason through the functional needs of any religious group: To exist, they must first have the right to establish and maintain institutions (Statement 1). Once an institution exists, it must have the autonomy to conduct its rituals and internal matters without state interference, provided they don't violate public order (Statement 2). Finally, to remain sustainable, the group requires the legal capacity to own and acquire property (Statement 3). Because these three clauses (a, b, and c of Article 26) form a cohesive legal framework for corporate religious freedom, the correct answer is (D) 1, 2 and 3.

The UPSC often uses under-inclusive options (like A, B, and C) as traps to see if you can recall the full scope of the Article. A common point of confusion for students is Clause (d) of Article 26, which is not mentioned here but states that while a group can own property, it must administer that property "in accordance with law." This means the State can regulate the management of wealth (secular activity) but cannot take away the right to own it. By recognizing that all three statements provided are verbatim constitutional guarantees, you avoid the trap of thinking one right excludes the others.