Article 26

Article 26 guarantees following rights to all religious groups subject to public order, morality and health:

Establish and maintain institution for religious and charitable purposes; manage its own affairs in matters of religion; Own and acquire movable and immovable property; Administer such property in accordance with law.

The state cannot compel any citizen to pay any taxes for the promotion or maintenance of any particular religious or religious institution {Ref: Art 27}

No religious instruction can be provided in any educational institution wholly maintained out of State funds {Ref: Art. 28}

Where a religious community is in the minority, the Constitution enables it to preserve its culture and religious interests by providing that the States shall not impose upon it any culture other than the community’s own culture {Ref: Art 29(1)}

Such community shall have the right to establish and administer educational institutions of its choice and the State shall not, in granting aid to educational institutions, discriminate against such an educational institution maintained by a minority community {Ref: Art. 30}.

Full compensation has to be paid if the State seeks to acquire the property of a minority educational institution {Ref: Art. 30 (1A)}.

The Fundamental Rights are guaranteed by the Constitution not only against the action of the Executive but also against that of the Legislature.

Right to constitutional remedy, which was termed “soul of the constitution “by Dr. B.R. Ambedkar, has been guaranteed by Art. 32 of the Constitution.

The Writs

For enforcement of fundamental rights, the judiciary has been armed with the power to issue the writs.

The power to issue these writs for the enforcement of the Fundamental Rights is given by the Constitution to the Supreme Court {Ref: Art, 32} and High Courts {Ref: Art. 226}.

Supreme Court has the power to issue writs only for the purpose of enforcement of the Fundamental Rights whereas under Art. 226a High Court can issue writs for the purpose of enforcement of Fundamental Rights and / or for the redress of any other injury or illegality.

Supreme Court can issue a writ against any person or Government within the territory of India, while High Court can issue a writ against a person, Government or other authority only if they are located within the territorial jurisdiction of the High Court.