Freedom of religion, Articles 25–28 · GS-II
Supreme Court stays Madras HC order on Chidambaram temple ↗
Consider the following pairs regarding constitutional and legal concepts relating to the administration of religious institutions in India:
- Article 26 of the Constitution — Right of a religious denomination to manage its own affairs in matters of religion, subject to public order, morality, and health
- Parens patriae jurisdiction of courts over temples — Derived from the State's power to regulate economic, financial, and administrative activities of religious institutions under Article 25(2)(a)
- Deity as juristic person — Legal status that enables property rights and legal standing in courts on behalf of the idol, with the shebaits or managers acting as de facto managers
Which of the pairs given above is/are correctly matched?
Explanation
Article 26 guarantees every religious denomination the right to manage its own affairs in matters of religion and to administer property in accordance with law — this is correctly stated in Pair 1. However, Pair 2 is incorrectly matched: the parens patriae jurisdiction of courts over public temples is not derived from Article 25(2)(a), which is the State's power to throw open Hindu religious institutions of a public character to all classes and sections of Hindus, or to regulate secular activities associated with religious practice. Parens patriae, as a doctrine, is an inherent equitable jurisdiction of the superior courts to protect those — including legal persons such as an idol — who cannot protect themselves; it is not a constitutional provision at all, and its source is common-law jurisprudence as adapted in Indian temple law. Pair 3 is correctly stated: under Indian law, a consecrated idol or deity is recognised as a juristic person capable of holding property and suing or being sued, with the shebait (trustee-manager) acting on its behalf in legal proceedings. This is a well-established position in cases such as Pramatha Nath Mullick v. Pradyumna Kumar Mullick (1925 PC) and subsequent Indian courts. Thus pairs 1 and 3 are correctly matched while pair 2 misidentifies the constitutional source of the parens patriae doctrine.