Article 28 of Indian Constitution

The Indian Constitution enshrines various fundamental rights that protect the freedom of individuals in diverse contexts. One such right is found in Article 28, which specifically safeguards the freedom of individuals regarding attendance at religious instruction or religious worship within certain educational institutions. 

This provision plays a crucial role in maintaining the secular fabric of the nation, especially in the sphere of education. Given the sensitive nature of religious freedom and its intersection with education, Article 28 lays down clear rules about when and how religious instruction may be imparted in schools and colleges connected to the State.

The Constitutional Background of Article 28

India is a secular state where the Constitution guarantees freedom of religion. Article 25 protects freedom of conscience and the right to freely profess, practice, and propagate religion. Complementing this, Article 28 addresses the rights of individuals in educational settings, preventing compulsory religious instruction or worship in schools and colleges that are wholly or partially linked to the government.

The framers of the Constitution recognised the importance of shielding educational institutions, particularly those maintained or aided by the State, from being used as platforms for compulsory religious indoctrination. Article 28 thus balances the right to freedom of religion with the State’s role in education.

Text of Article 28

Article 28 reads as follows:

1. No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
2. Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust requiring that religious instruction shall be imparted in such institution.
3. No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction or worship unless such person, or in the case of a minor, his guardian, has given consent to such instruction or worship.

Clause-Wise Explanation of Article 28

Clause (1): Prohibition in Wholly State-Maintained Institutions

The first clause provides an absolute prohibition against religious instruction in educational institutions that are wholly maintained out of State funds. In simple terms, if a school or college is entirely funded and maintained by the government—be it central, state, or local—no religious instruction can be imparted there. This applies both to formal curriculum and informal activities like prayers or worship sessions.

This clause ensures that the State remains neutral in matters of religion within its institutions, respecting the principle of secularism and protecting individual freedom of conscience.

Clause (2): Exception for Institutions Established Under Endowments or Trusts

The second clause qualifies the first. It provides that the absolute prohibition does not apply to educational institutions that are administered by the State but were established under an endowment or trust that requires religious instruction.

For example, if an institution was founded through a religious endowment or charitable trust with a mandate to provide religious instruction, the State’s administrative role does not override this original requirement. Religious teaching may be imparted in such institutions consistent with the founding trust’s objectives.

Clause (3): Voluntary Attendance in Recognised or Aided Institutions

The third clause protects the rights of individuals attending educational institutions that are recognised by the State or receive State aid but are not wholly maintained by State funds.

In such institutions:

• No person can be compelled to take part in any religious instruction or worship conducted there.
• Participation is allowed only with consent—given by the individual or, if the individual is a minor, by their guardian.
• Attendance at religious classes or worship sessions must, therefore, be entirely voluntary.

This clause balances the religious freedom of students and guardians against the diversity of educational institutions that receive government support.

Types of Educational Institutions under Article 28

Understanding Article 28 requires categorising educational institutions based on their funding and administration:

This classification helps clarify when religious instruction is allowed, prohibited, or conditioned on consent.

Landmark Judgements Related to Article 28 of Constitution of India

The Supreme Court and High Courts have examined Article 28 in various landmark cases, clarifying its scope and application.

D.A.V. College, Bathinda v. State of Punjab (1971)

In D.A.V. College, Bathinda v. State of Punjab case, the Punjab Legislature enacted the Guru Nanak University Act, 1969, mandating the study of Guru Nanak’s life and teachings at the university. Since the university was wholly maintained by the State, the petitioner challenged the Act as violative of Article 28.

The Supreme Court held that academic study of a religious figure’s life and teachings for historical, philosophical, or cultural purposes does not amount to religious instruction as prohibited by Article 28(1). The Court distinguished between devotional instruction and scholarly study. The Act was upheld as constitutionally valid.

Ms. Aruna Roy & Ors. v. Union of India (2002)

The case challenged the National Curriculum Framework for School Education (NCFSE), alleging that the curriculum included religious education in violation of the Constitution’s secular provisions and Article 28.

The Supreme Court ruled that Article 28 does not prohibit the study of religions, philosophies, or cultures for their social or moral values. The prohibition is only against compulsory religious instruction or worship. The Court emphasised that education about religion is not the same as indoctrination into religion.

Kidangazhi Manakkal Narayanan v. State of Madras (1953)

The Madras High Court held that Article 28(1) only bars religious instruction in institutions wholly aided by the State but does not ban moral instruction or ethical teachings.

Principles Underlying Article 28

Several core principles guide Article 28:

• Secular State: The State must avoid favouring or endorsing any religion, especially in government-funded institutions.
• Freedom of Conscience: Individuals should not be forced to participate in religious activities against their beliefs.
• Respect for Minority Rights: Institutions founded by religious communities can impart religious instruction consistent with their trust deeds.
• Balance Between State Interest and Individual Rights: While promoting secularism, the Constitution recognises the diversity of educational institutions and respects their original objectives.

Relation Between Articles 28 and 30

Article 30 guarantees minorities the right to establish and administer educational institutions of their choice. Article 28 intersects with this by ensuring that even in minority institutions, participation in religious instruction or worship is voluntary, especially in recognised or aided institutions.

Remedies for Violation of Article 28

If a person is compelled to attend religious instruction or worship in violation of Article 28, they can seek remedies:

• Writ Petitions: Under Article 32 (Supreme Court) or Article 226 (High Courts), individuals may file writs for enforcement of fundamental rights.
• Judicial Review: Courts examine the nature of the institution, content of instruction, and consent processes.

Conclusion

Article 28 of the Indian Constitution is a vital provision protecting the secular character of education in India. It forbids compulsory religious instruction or worship in wholly State-maintained educational institutions, while recognising exceptions for institutions established under religious trusts. It also upholds the right of individuals to opt out of religious activities in recognised or aided institutions.