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.

Debate Summary

Draft Article 20 (Article 26 of the Constitution of India, 1950) was introduced and debated on the 7th of December 1948. The Debate was a relatively brief one. The Assembly discussed if the provisions in the Article allowed for religious based institutions like hospitals or food serving spaces would be confined to only servicing members of one particular community and discriminate others. Whether the provision actually benefitted minority religious communities and if the term ‘charitable’ was appropriate were issues that the members also debated. After adding the phrase ‘subject to public, order and health’, the article was adopted by the Constituent Assembly.