Article 28: Constitution of India 

Article 28: Constitution of India 

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Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions

⚖️ Bare Act Text

(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 which requires 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 that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

📜 Footnotes

1. Article 28 ensures freedom from compulsory religious instruction in State-funded educational institutions.
2. Clause (1) applies strictly to institutions wholly funded by the State.
3. Clause (2) creates an exception for institutions established under trusts or endowments requiring religious instruction.
4. Clause (3) protects individuals from being forced to participate in religious activities without consent.

🧾 Simple Explanation

Article 28 protects students by ensuring that:

• Government-funded schools cannot teach religion compulsorily
• Students cannot be forced to participate in religious activities
• Consent is necessary, especially for minors (through guardians)

📌 Key Features

• Applies to educational institutions
• Differentiates between:
  • Fully State-funded institutions
  • Aided or recognized institutions
• Protects freedom of choice in religious participation
• Ensures secular education system

⚖️ Important Case Laws

1. Aruna Roy v. Union of India

• Held that value-based education is valid if it does not amount to religious instruction

2. DAV College v. State of Punjab

• Discussed scope of religious instruction in educational institutions

3. Bijoe Emmanuel v. State of Kerala

• Protected students’ right to refrain from activities conflicting with religious beliefs

🧠 Illustrations

• Government school teaching compulsory religion → ❌ Violation
• Student forced to attend prayer → ❌ Violation
• Religious instruction in trust-based institution → ✔️ Allowed
• Student attending religious class with consent → ✔️ Valid

📚 Practical Notes

• Article 28 strengthens secularism in education
• Important distinction between instruction vs value education
• Consent plays a key role in aided institutions
• Linked with Articles 25–30 (religious & cultural rights)
• Frequently asked in UPSC, Judiciary exams

❓ FAQs

Q. Can religion be taught in government schools?
❌ No — not as religious instruction

Q. Is prayer in school compulsory?
❌ No — participation must be voluntary

Q. Are private schools covered?
✔️ Yes, if they receive State aid or recognition

Q. What about minority institutions?
They may have different protections under Article 30

💬 Comments / Legal Insight

Article 28 plays a vital role in maintaining the secular character of education in India.
It ensures that:

• Students are not indoctrinated into any religion
• Individual freedom of belief is respected

The interpretation by the Supreme Court of India ensures a balance between:

• Cultural values in education
• And constitutional secularism

Article 28: Constitution of India 

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