STATE REGULATION OF FINANCIAL MANAGEMENT IN RELIGIOUS INSTITUTIONS: CONSTITUTIONAL BOUNDARIES, JUDICIAL TRENDS, AND THE NEED FOR A BALANCED GOVERNANCE FRAMEWORK
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Abstract
Religious institutions in India administer substantial financial resources through donations, endowments, offerings, and charitable activities, making financial governance a significant aspect of institutional administration. At the same time, Articles 25 and 26 of the Constitution of India guarantee religious freedom and denominational autonomy, creating an ongoing constitutional debate regarding the permissible extent of state intervention in financial affairs. This study examines the constitutional and legal foundations of state regulation of financial management in religious institutions, with particular emphasis on the distinction between protected religious functions and secular administrative activities. Adopting a doctrinal research methodology, the paper analyses constitutional provisions, relevant statutory enactments, landmark constitutional and judicial decisions, government reports, audit reports, official statistical data, contemporary scholarly literature, and selected state regulatory frameworks governing religious endowments and institutional finances. A comparative assessment of regulatory models adopted in Tamil Nadu, Andhra Pradesh, Telangana, Odisha, Gujarat, and Maharashtra, supported by official government data and institutional reports, is undertaken to evaluate differing approaches to financial oversight and institutional autonomy. The study identifies key challenges within the existing framework, including regulatory inconsistency, accountability deficits, administrative inefficiencies, inadequate transparency mechanisms, and tensions between governmental supervision and religious self-governance. Drawing upon constitutional principles, statutory frameworks, judicial precedents, and comparative analysis, the paper proposes a balanced financial governance framework based on proportional regulation, independent auditing, enhanced transparency, digital financial disclosure, and institutional accountability. It argues that effective financial governance can be achieved without compromising constitutionally protected religious autonomy, thereby ensuring both public accountability and the preservation of religious freedom. The study contributes to the growing discourse on the constitutional limits of state regulation and the future of financial governance in religious institutions in India.