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Religious Freedom and the Management of Religious Institutions: A Comparative Constitutional Analysis

Authors: Ambika; Prof. (Dr.) A. K. Navin;

Religious Freedom and the Management of Religious Institutions: A Comparative Constitutional Analysis

Abstract

Religious freedom is one of the most fundamental human rights recognized in democratic constitutional systems across the world. It includes not only the individual right to profess, practice, and propagate religion but also the collective right of religious communities to manage their own religious institutions. However, balancing religious autonomy with state regulation presents a complex constitutional challenge. Governments often intervene in the administration of religious institutions to ensure transparency, prevent exploitation, and maintain public order. At the same time, excessive state control may undermine religious liberty and institutional autonomy. This paper examines the constitutional framework governing religious freedom and the management of religious institutions through a comparative analysis of India, the United States, and selected European jurisdictions. The research evaluates constitutional provisions, judicial interpretations, and regulatory mechanisms affecting religious institutions. Special attention is given to landmark judicial decisions that have shaped the scope of religious autonomy and state intervention. The paper argues that while constitutional systems aim to protect religious freedom, the degree of state involvement varies depending on historical, cultural, and legal contexts. The study concludes that a balanced approach is necessary—one that safeguards religious freedom while allowing limited state regulation to ensure accountability, social welfare, and constitutional values.

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