religious freedom and held that the freedom to manage religious affairs includes the right to determine the essential practices of a religious denomination. The court ... supervise the administration of religious institutions, it should not interfere with the essential religious practices and customs of a denomination unless they are deemed
India
26. Freedom to manage religious affairs
Subject to public order, morality and health, every religious denomination or any section thereof shall have the right ... immovable property. The state can regulate the property of a religious denomination by law. Article 26(d) is on the right to administer such property
expenses for the promotion or maintenance of any particular religion or religious denomination. Editorial Comment - Article 27 ensures that individuals are not forced to contribute ... taxes towards the promotion or maintenance of any specific religion or religious denomination. It upholds the principle of religious neutrality and prevents
institutions for religious and charitable purposes, subject to
public order, morality and health. Education is a recognized head of
charity. Therefore, religious denominations or sections ... right to establish and maintain religious and educational
institutions. This would allow members belonging to any religious
denomination, including the majority religious community
guaranteed under the
Constitution in matters of religion and religious
institutions belonging to particular religious
denominations, the law regulating the framing of a scheme
interfering ... incurred in connection with
these religious observances would be a matter of
administration of property belonging to the religious
denomination and can be controlled
between Dikshitars and the State and
the Religious Endowments Commissioner, that they were an acknowledged
`religious denomination’ and in that capacity they had a right ... manage
religious affairs and it reads as under:
“26. Freedom to manage religious affairs - Subject to public
order, morality and health, every religious denomination
professing the same religion [- - -] [The words "or belonging to the same religious denomination" omitted by Act 106 of 1976, Section ... professing the same religion [- - -] [The words "or belonging to the same religious denomination" omitted by Act 106 of 1976, Section
right to
freely manage its religious affairs, mean by the
expressions'religion' and 'religious denomination'. We are
concerned with what these ... with a religious form and stake a claim for
treatment as religious practices. Mukherjea J's definition
of 'religious denomination
clergy of all denominations. The
maxim Denominatio est a digniore means "Denomination is from the more
worthy" (Burrill). "Denominate fieri debet ... writings of Sri Aurobindo on
religious beliefs, it was held that it was not a religious denomination.
The Act was incidental to the proper administration
petitioner
is the religious head, as also a trustee in
respect of the property belonging to the
community, is a religious denomination within the
meaning ... religious practices as well
subject to the restrictions which the
Constitution itself has laid down. Under Art.
26(b) , therefore, a religious denomination or
organisation