AIR 1974 SUPREME COURT 2098 ::1975 (1) SCC 11 ::1975 2 SCR 317

Supreme Court Of India

(From : (1972) 13 Guj LR 404)

Hon'ble Judge(s): A. N. Ray, M. H. Beg, A. Alagiriswami, P. K. Goswami, R. S. Sarkaria , JJJ

Index Note :- (A) Constitution of India , Art.25, Art.26— Distinction between. Brief Note :- (A) Though Article 25 is made subject to "public order, morality and health" and also "to the other provisions of Part III", Article 26 is only subject to "public order, morality and health". While Article 25, confers the particular rights on all persons, Article 26 is confined to religious denominations or any section thereof. Article 19(1) confers the various rights specified therein from (a) to (g) on citizens. A religious denomination or a section thereof as such is not a citizen. In that sense the fields of the two Articles may be to some extent different.(Para 25 26) Index Note :- (B) Constitution of India , Art.26, Art.31— No conflict between two Articles X-Ref:- Gujarat Devasthan Inams Abolition Act (16 of 1969) , S.5, S.6, S.7, S.8, S.9, S.10, S.11, S.12— Act not violative of Art. 26(c). Brief Note :- (B) Article 26 guarantees inter alia the right to own and acquire movable and immovable property for managing religious affairs. This right, however, cannot take away the right of the State to compulsorily acquire property in accordance with the provisions of Article 31(2). When property is acquired by the Sta....