Under the Constitution of India, India is a secular country with the no state religion. India secularism is very different from American concept of secularism. In this paper, I will discuss about the Article 26 and Article 27. I will further discuss about the religious denomination and its essential features. The cases related
to the religious denomination will be further discussed. The main focus of this paper will be on the significance of religious denomination and ended with the conclusion.
INTRODUCTION
Under the right of freedom of speech and expression, Article 192, the philosophy of freedom of religion in India was created as there were a lot of Muslims scattered all around India. India is a secular country and there is no state religion. In India, Hindus are in the majority and all the religions are accepted over here. In the case of Pannalal Pitti Vs State of Andhra Pradesh3, Article 25 and Article 26 give the freedom of religion.4
Article 265 of the Constitution provides for:
“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”6
This Article is, therefore, concerned with the rights of every ‘religious denomination’. It guarantees every such entity the right to manage its own affairs in matters of religion.7Article 27 also deals with ‘religious denominations’. Before ascertaining the rights that are available to such entities, it’s our job to define what exactly ‘religious denomination’ means and what kind of religious entities will come under its purview.
This paper will, therefore, try to define ‘religious denomination’ in the light of the existing precedents of the Supreme Court and various High Courts. It will then proceed to the role this phrase plays with regards to the religious, educational and cultural rights of such entities. Under Article 25 and Article 26, the person can’t
do such a thing which can affect public morality and health. For example- no one can Worship on a busy Highway as it will disturb the community and public places.8
