Article 26, 27 And 28 Of Indian Constitution
Which Article is Related to Freedom to Manage Religious Affairs?
Article 26 confers rights relating to the freedom to manage religious affairs, as follows:
Article 26 Managing Religious Affairs Every religious denomination or section thereof shall have the right to:
Subject to public order, morality and health, every religious denomination or anysection 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.
Individual rights are protected under Article 25, while religious denominations or sections are protected under Article 26. In other words, Article 26 safeguards the right to freedom of religion for all people. Article 26 rights, like those under Article 25, are subject to public order, morality, and health, but are not subject to other Fundamental Rights provisions.
According to the Supreme Court, a religious denomination must meet three requirements:
(a) It should be a group of people who share a set of beliefs (doctrines) that they believe are beneficial to their spiritual well-being;
(b) It should be organised in a uniform manner; and
(c) It should be given a distinguishing name.
The Supreme Court determined that the 'Ramakrishna Mission' and the 'Ananda Marga' are Hindu religious denominations based on the above criteria. The Aurobindo Society is also not a religious organisation, according to the ruling.
What Does Article 27 Say?
Article 27 of the Constitution grants tax exemption for religious activities. It reads as follows:
Article 27 {Freedom as to payment of taxes for promotion of any particular religion} No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
No one shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination, according to Article 27. In other words, the government should not use public funds raised through taxes to promote or maintain any particular religion. This clause forbids the government from favouring, patronising, or supporting one religion over another. This implies that the taxes can be used to promote or maintain all religions.
This provision only prohibits the imposition of a tax, not a fee. This is because the purpose of a fee is not to promote or maintain religion, but to control the secular administration of religious institutions. As a result, pilgrims may be charged a fee in order to provide them with a special service or safety precautions. Similarly, religious endowments may be charged a fee to cover regulatory expenses.
Which Article Gives Freedom As To Attendance Of Religious Instruction?
Article 28 reads as:
Article 28 {Freedom as to attendance at religious instruction or religious worship in certain educational institutions} 1. No religious instruction shall be provided in any educational institution wholly maintained out of State funds. 2. Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. 3. No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is minor, his guardian has given his consent thereto.
Article 28 states that no religious instruction shall be provided in any educational institution supported entirely by public funds. This provision, however, shall not apply to any educational institution administered by the State but established under any endowment or trust that requires religious instruction to be imparted in such institution.
Furthermore, no person enrolled in a state-approved educational institution or receiving financial assistance from the state shall be forced to attend religious instruction or worship without his or her consent. In the case of a minor, his guardian's permission is required.
As a result, Article 28 distinguishes four types of educational establishments:
(a) State-owned and operated institutions.
(b) Institutions that are managed by the state but are funded by an endowment or trust.
c) Government-approved institutions.
d) Institutions that receive government funding.
Religious instruction is completely prohibited in (a), while religious instruction is permitted in (b). Religious instruction is permitted on a voluntary basis in (c) and (d).
Note: Article 28 of the Constitution allows the government to run a religious education institution. Some constitutional experts find this repulsive. Why does the government need to support any organisation that promotes a particular religion? Any religion can be used as an example. Will the State be able to maintain equality in the distribution of funds, given that the Constitution prohibits discrimination on the basis of religion, language, or other factors? Obviously, there will be and are complaints about distribution. Dealing with issues like this in India, which is so diverse and has so many conflicts of interest, has become a difficult task. There are, however, constitutional experts who disagree with this viewpoint.