Article 28: Freedom as to attendance at religious Worship in certain Educational Institutions
Published on: 29 June, 2020
Article 28: Original text
Freedom as to attendance at religious instruction or religious worship in certain educational institutions –
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.
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 recognized 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.
Article 28 Explanation
This is the 4th and the last Article of the Right to Freedom of Religion which is given by the Constitution of India under the category of Fundamental Rights.
Article 28 of the Indian Constitution is dividing the Indian educational institutions into 4 types:
Article 28 of the Indian Constitution is dividing the Indian educational institutions into 4 types:
1. Institutions completely maintained by the State.
2. Institutions administered by the State but established under any endowment or trust.
3. Institutions recognized by the State.
4. Institutions receiving aid from the State.
2. Institutions administered by the State but established under any endowment or trust.
3. Institutions recognized by the State.
4. Institutions receiving aid from the State.
In 1st type of Institutions, religious instructions are completely prohibited.
In 2nd type of institutions, religious instructions are permitted.
In 3rd and 4th type of institutions, religious instructions are permitted on a voluntary basis.
In 2nd type of institutions, religious instructions are permitted.
In 3rd and 4th type of institutions, religious instructions are permitted on a voluntary basis.
Important cases of Article 28
In Aruna Roy v. Union of India, AIR 2002, the National Education Policy, 2002 was challenged which was trying to impart value based education based on all religions. This was challenged on the basis of going against Article 28 and being anti secular policy. The court said that the study of religions in school is not anti secular. This will help in making mutual understanding and respect between different religions and their followers.
Article 28 gives freedom from religious worship in certain educational institutions.
