AI Overview...
Articles 25 and 26 of the Constitution of India
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Protection of Religious Freedom
Articles 25 and 26 guarantee the fundamental rights to freedom of religion, including the right to practice, profess, and propagate religion, and the right to manage religious affairs. These rights are subject to public order, morality, and health, and are designed to ensure religious freedom while maintaining secularism. RAGHUVANSH MISRA VS STATE OF UTTAR PRADESH - Allahabad, COMMISSIONER OF POLICE VS ACHARYA JAGADISWARANANDA AVADHUTA - Orissa, International Srivaishnava Dharma Samrakshana Society VS Commissioner, Hindu Religious & Charitable Endowment Department - Madras -
Religious Practices and Rituals
The articles protect religious practices, including ceremonies, rituals, and management of religious institutions like temples and Gurdwaras. Courts have upheld these rights, emphasizing that religious practices are protected unless they violate public order or morality. For example, non-Hindus' exclusion from temples based on religious customs has been deemed protected under Articles 25 and 26. Kalyan Dass VS State of T. N. - Madras, S. Avtar Singh & Ors VS State Of J. &K. - Jammu and Kashmir, COMMISSIONER OF POLICE VS ACHARYA JAGADISWARANANDA AVADHUTA - Orissa -
Land Acquisition and Religious Rights
Acquisition of land for public purposes does not violate religious freedoms under Articles 25 and 26, as courts have held that such proceedings do not infringe upon religious rights if they do not prevent religious practices. Similarly, vesting of religious properties under specific laws has been found not to violate these articles, provided religious purposes are preserved. RAGHUVANSH MISRA VS STATE OF UTTAR PRADESH - Allahabad, Iswar Satyanarayanjee VS Administrator, Corporation of Calcutta - Calcutta, Church Of North India Trust Association VS Union Of India - Allahabad -
Legal Interpretations and Limitations
The courts have clarified that religious rights under Articles 25 and 26 are subject to reasonable restrictions and do not extend to practices that are illegal or violate public order. For instance, rules that restrict non-Hindus from entering temples are protected if rooted in religious customs. Kalyan Dass VS State of T. N. - Madras, RADHA GOVINDA SWAMY VS STATE OF ORISSA - Orissa -
Secularism and Religious Equality
The articles uphold the principle of secularism, ensuring all religious communities are entitled to their rights without discrimination. The courts have recognized the neutrality of the Constitution and the importance of balancing religious freedom with other fundamental rights. COMMISSIONER OF POLICE VS ACHARYA JAGADISWARANANDA AVADHUTA - Orissa, International Srivaishnava Dharma Samrakshana Society VS Commissioner, Hindu Religious & Charitable Endowment Department - Madras
Analysis and Conclusion
Articles 25 and 26 serve as cornerstone provisions safeguarding religious freedom and management of religious institutions in India. They affirm the right to religious practices while allowing reasonable restrictions to uphold public order and morality. The courts have consistently upheld these rights, emphasizing the importance of religious autonomy within a secular framework. However, these rights are not absolute and are subject to constitutional limitations to ensure harmony and public order.
References:
- RAGHUVANSH MISRA VS STATE OF UTTAR PRADESH - Allahabad
- Dalip Kumar Jha VS State of Punjab - Punjab and Haryana
- S. Avtar Singh & Ors VS State Of J. &K. - Jammu and Kashmir
- Kalyan Dass VS State of T. N. - Madras
- Church Of North India Trust Association VS Union Of India - Allahabad
- Iswar Satyanarayanjee VS Administrator, Corporation of Calcutta - Calcutta
- RADHA GOVINDA SWAMY VS STATE OF ORISSA - Orissa
- COMMISSIONER OF POLICE VS ACHARYA JAGADISWARANANDA AVADHUTA - Orissa
- Joan Mascarenhas E Dsouza VS State Of Goa - Bombay
- International Srivaishnava Dharma Samrakshana Society VS Commissioner, Hindu Religious & Charitable Endowment Department - Madras
Search Results for "Articles 25 and 26 of the Constitution of India"
1998 0 Supreme(All) 541 • India - Allahabad
D.S.SINHA, R.K.MAHAJAN
Finding of the Court: The Court held that the acquisition proceedings did not violate Articles 25 and 26 of the Constitution ... Whether the impugned acquisition proceedings violated Articles 25 and 26 of the Constitution of India? 2. ... LAND ACQUISITION - ARTICLES 25 AND 26 OF THE CONSTITUTION OF INDIA - NOT VIOLATED - ACQUISITION OF LAND FOR CONSTRUCTION OF HOSPITAL ... We are of the view that there is no vio....
2017 0 Supreme(P&H) 2557 • India - Punjab and Haryana
MAHESH GROVER, SHEKHER DHAWAN
Ashutosh Maharaj Ji - Death - Samadhi - Disposal of Body - Belief of Followers - Protection under Articles 25 and 26 of the Constitution ... Maintainability of the writ petition and determination of religious rights of the contesting parties under Articles 25 and 26 of ... 25 and 26 of the Constitution of India. ... Articles 25 and 26 of the Constitution are based for the most pa....
1988 0 Supreme(J&K) 121 • India - Jammu and Kashmir
M.L.BHAT
JAMMU AND KASHMIR SIKH GURDAWARAS AND RELIGIOUS ENDOWMENT ACT, 1973 - CONSTITUTIONALITY - ARTICLES 25 AND 26 OF THE CONSTITUTION ... Finding of the Court: The court held that the Act was not ultra vires of Articles 25 and 26 of the Constitution of ... The court held that the Act was not ultra vires of Articles 25 and 26 of the Constitution of India because it did not prevent the ... Therefore, non defined of Sikn Gurdawaras in the....
1972 0 Supreme(Mad) 341 • India - Madras
RAMAPRASADA RAO
Whether Rule 4-A violates Articles 25 and 26 of the Constitution of India? Ratio Decidendi: 1. ... TEMPLE ENTRY ACT - RULE 4-A - ULTRA VIRES - NON-HINDUS ENTRY INTO HINDU TEMPLES - VIOLATION OF ARTICLES 25 AND 26 OF THE CONSTITUTION ... OF INDIA - RELIGIOUS PRACTICES AND CEREMONIES ARE PROTECTED UNDER ARTICLES 25 AND 26 - AGAMAS PRESCRIBE EXCLUSION OF NON-HINDUS ... It is said that the rights of Hindus guaranteed under Art....
2016 0 Supreme(All) 1004 • India - Allahabad
V.K.SHUKLA, MAHESH CHANDRA TRIPATHI
The acquisition of land for a public purpose does not violate the freedom of religion guaranteed under Articles 25 and 26 of the ... The acquisition of land for a public purpose does not violate the freedom of religion guaranteed under Articles 25 and 26 of the ... Whether the acquisition of land for a public purpose violates the freedom of religion guaranteed under Articles 25 and 26 of the ... Article 2....
1988 0 Supreme(Cal) 274 • India - Calcutta
BABOO LALL JAIN
Whether the vesting of debuttar properties under the Act violated Articles 25 and 26 of the Constitution of India. ... They argued that the property was exclusively dedicated to religious purposes and therefore protected under Articles 25 and 26 of ... 25 AND 26 OF THE CONSTITUTION OF INDIA. ... Applying such test, we are of the view that sub-section 2 of section 8 read with Rule 5(1) of the Calcutta Thika Tenancy (Acquisition and Regulation) Rules, ....
1983 0 Supreme(Ori) 171 • India - Orissa
J.K.MOHANTY, R.C.PATNAIK
The provisions do not abridge rights guaranteed by Articles 25 and 26 of the Constitution. c. ... The provisions do not abridge rights guaranteed by Articles 25 and 26 of the Constitution. c. ... 14 or Articles 25 and 26 of the Constitution of India. ... The provisions relate to secular matters and do not abridge rights guaranteed by Articles 25 and ....
2004 0 Supreme(Ori) 557 • India - Orissa
S.RAJENDRA BABU, G.P.MATHUR, A.R.LAKSHMANAN
Whether Ananda Margis have the fundamental right under Articles 25 and 26 of the Constitution of India? 4. ... The Court further held that Ananda Margis have the fundamental right under Articles 25 and 26 of the Constitution of India. ... The Court further held that Ananda Margis have the fundamental right under Articles 25 and 26 of the Constitution of India. ... Whilst our Constitution is neutral in religion, it ....
2023 0 Supreme(Bom) 747 • India - Bombay
M. S. SONAK, VALMIKI SA MENEZES
19(1), Articles 25 and 26 of the Constitution of India. ... It concluded that the order was a direct violation of the Petitioner's fundamental rights under Article 19(1), Articles 25 and 26 ... It further concluded that the order was a direct violation of the Petitioner's fundamental rights under Article 19(1), Articles 25 ... 19(1), Articles 25 and 26 of the Co....
2015 0 Supreme(Mad) 1652 • India - Madras
S.TAMILVANAN, V.S.RAVI
Ratio Decidendi: The court considered the fundamental right of worship guaranteed under Articles 25 and 26 of the Constitution ... 25 and 26 of the Constitution of India Fact of the Case: The petitioner sought a Writ of Mandamus to open two temples ... Mamunihal Thiruvarasu Thirukkovil and Sri Adhi Kesava Perumal Thirukkovil - O.S.Nos.260 and 473 of 2006 - C.M.A.No.36 of 2007 - Articles ... India being a secular country, all religious people are entitled to have the....
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