Which one of the following statements regarding freedom to manage religious affairs as per the Constitution of India isnotcorrect?
Every religious denomination shall have the right to manage its own affairs in matters of religion except some minor communities.
Understanding Freedom to Manage Religious Affairs under Article 26
The question asks about the freedom to manage religious affairs as guaranteed by the Constitution of India. This freedom is primarily enshrined in Article 26 of the Constitution, which deals with the freedom to manage religious affairs, subject to public order, morality, and health.
Article 26 grants specific rights to every religious denomination or any section thereof. Let's examine the provisions of Article 26 and compare them with the given statements.
According to Article 26, every religious denomination or any section thereof shall have the right—
- to establish and maintain institutions for religious and charitable purposes;
- to manage its own affairs in matters of religion;
- to own and acquire movable and immovable property; and
- to administer such property in accordance with law.
Now, let's analyze each statement provided in the options:
- Statement 1: "Every religious denomination shall have the right to manage its own affairs in matters of religion except some minor communities." This statement claims that the right to manage religious affairs is granted to every religious denomination but excludes "some minor communities". However, Article 26 grants this right (specifically under sub-clause (b)) to "every religious denomination or any section thereof" without making any distinction or exception based on whether a community is 'minor' or not. Therefore, the inclusion of "except some minor communities" makes this statement incorrect.
- Statement 2: "Every religion or any section thereof shall have the right to own and acquire movable and immovable property." This statement aligns perfectly with Article 26(c), which grants the right "to own and acquire movable and immovable property" to every religious denomination or any section thereof. This statement is correct.
- Statement 3: "Every religious community has the right to establish and maintain institutions for religious and charitable purposes." This statement reflects Article 26(a), which grants the right "to establish and maintain institutions for religious and charitable purposes" to every religious denomination or any section thereof. The term "religious community" is often used interchangeably with "religious denomination" in common understanding related to these rights. This statement is correct.
- Statement 4: "Every community has the right to manage its own affairs in matters of religion." This statement is consistent with Article 26(b), which grants the right "to manage its own affairs in matters of religion" to every religious denomination or any section thereof. Again, "community" is used in place of "religious denomination", which is acceptable in this context as referring to the collective body. This statement is correct.
Based on the analysis, the statement that is not correct regarding the freedom to manage religious affairs as per the Constitution of India is the one that adds an exception for "some minor communities", as Article 26 provides this right without such a qualification.
| Article 26 Provision | Corresponding Statement/Right | Correctness as per Article 26 |
|---|---|---|
| Article 26(a) | Establish & maintain religious/charitable institutions | Reflected in Statement 3 (Correct) |
| Article 26(b) | Manage own affairs in matters of religion | Reflected in Statement 4 (Correct), Incorrectly modified in Statement 1 |
| Article 26(c) | Own & acquire property | Reflected in Statement 2 (Correct) |
| Article 26(d) | Administer property as per law | Not explicitly mentioned in options |
Therefore, the statement that is not correct is Option 1 because Article 26 does not exclude any religious denomination based on its size or 'minor' status when granting the right to manage its own affairs in matters of religion.
Revision Table: Freedom of Religion (Article 25 & 26)
| Article | Subject | Key Aspects | Scope |
|---|---|---|---|
| Article 25 | Freedom of conscience & free profession, practice, and propagation of religion | Individual right, subject to public order, morality, health, & other fundamental rights. State can regulate secular activities associated with religious practice and provide for social welfare/reform. | Individual |
| Article 26 | Freedom to manage religious affairs | Collective right of religious denominations. Rights include establishing/maintaining institutions, managing religious affairs, owning/acquiring property, administering property. Subject to public order, morality, & health. | Religious Denomination/Community |
Additional Information: Scope of Religious Denomination and Limitations
The term "religious denomination" has been interpreted by the Supreme Court of India. It refers to a collection of individuals having a common faith, a common organisation, and a distinctive name. Examples include the Ramakrishna Mission or the Anand Marg, which have been recognised as religious denominations.
The rights under Article 26 are not absolute. They are explicitly subject to public order, morality, and health. This means that the state can impose restrictions on the management of religious affairs if such management violates these principles. For instance, practices that are detrimental to public health or incite communal violence are not protected by Article 26.
Furthermore, the right to manage its own affairs in matters of religion under Article 26(b) is limited to matters of religion, which include rituals, ceremonies, modes of worship, etc. It does not extend to purely secular activities, even if associated with religious practice. The state has the power to regulate such secular activities.
Similar Questions
Which of the following descriptions with regard to Parliamentary Privilege for Members of the Parliament of India is/are correct?
- 1. The Speaker is empowered to refer suo moto any question of privilege for investigation.
- 2. A question of privilege is accorded priority over other items in the List of Business.
- 3. The privilege extends to freedom from preventive arrest or detention.
Select the answer using the code given below:
Which of the following statements with respect to the right to have a legal aid is/are correct?
1. Under the Constitution of India, it is given under the Directive Principles of State Policy.
2. It is the duty of the police to inform the nearest Legal Aid Committee immediately after the arrest of a person.
Select the correct answer using the code given below.
The Citizenship Act, 1955 deals with the determination of citizenship on or after
Which of the following conditions is/are necessary for the issue of a writ of certiorari in India?
1. There should be a tribunal or an officer having legal authority to determine questions affecting rights of subjects and having a duty to act judicially.
2. Such tribunal or officer has acted without jurisdiction
Select the correct answer using the code given below.
Who among the following is given discretionary powers under the Fifth Schedule of the Constitution of India to set up a Tribes Advisory Council in a State which has Scheduled Tribes but not Scheduled Areas?
Which of the following statements regarding the Indian federal system is/are correct?
1. All States have equal representation in the Rajya Sabha.
2. Consent of a State is not required for altering its boundaries.
3. There is no dual citizenship in India.
Select the correct answer using the code given below.Which of the following are the powers of the Supreme Court of India?
1. Original jurisdiction in a dispute between the Government of India and one or more States
2. The power to hear appeals from the High Courts
3 Passing decrees and orders for doing justice in any matter before it
4. Render advice to the President of India in matters of law
Select the correct answer using the code given below.Which of the following statements is/are correct regarding Right to Education in India?
1. Free and compulsory education should be provided to all children of the age of six to fourteen years.
2. The imperative of the provision of the Right to Education Act, 2009 is that schools must have qualified teachers and basic infrastructure.
3. There should be quality education without any discrimination on the ground of economic, social and cultural background.
Select the correct answer using the code given below.
Which of the following statements regarding Article 21 of the Constitution of India is/ is correct?
1. Article 21 is violated when under-trial prisoners are detained under judicial custody for an indefinite period.
2. Right to life is one of the basic human rights and not even the state has the authority to violate that right.
3. Under Article 21, the right of a woman to make reproductive choices is not a dimension of personal liberty.
Select the correct answer using the code given below.
Which one of the following statements relating to cultural and educational rights in India isnotcorrect?
Important Questions from Basics of Constitution
Which of the following statements with respect to Article 22 of the Constitution and Criminal Law on fundamental rights of an arrested person is NOT correct?
India recognizes the Right to _______ as being part of Right to Life (Article 21).
What was the amendment done to the Indian Constitution by 52 nd amendment done in 1985?
Which of the following languages is NOT a part of the Eighth Schedule of the Constitution?
Which of the following constitutional amendments provided for the Right to Education?
