Actual Article
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions
- No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
- 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.
- 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.
UPSC Notes for Article 28
- Scope: Article 28 provides the framework for the relationship between education and religion in state-funded and state-recognized educational institutions.
- Prohibition in State-Funded Institutions: Religious instruction is strictly prohibited in educational institutions wholly maintained by state funds.
- Exceptions: This prohibition does not apply to institutions administered by the state but established under endowments or trusts that mandate religious instruction.
- Consent for Religious Instruction: In state-recognized or state-aided institutions, participation in religious instruction or worship requires explicit consent from the individual or their guardian if the individual is a minor.
Important Cases and Commissions Related to Article 28
- Aruna Roy v. Union of India (2002): The Supreme Court upheld the secular nature of education in state-funded institutions, reiterating that religious instruction in such institutions is unconstitutional under Article 28.
- D.A.V. College, Jullundur v. State of Punjab (1971): The court ruled that while institutions receiving state aid could not impart religious instruction without consent, they were free to offer moral education.
- Rustom Cavasjee Cooper v. Union of India (1970): Although not directly related to Article 28, this case highlighted the importance of constitutional provisions in maintaining the secular character of state institutions, including education.
Important Reports Related to Article 28
- The Justice Ranganath Misra Commission Report (2007): This report emphasized the importance of secular education and recommended measures to ensure that state-funded institutions remain free from religious instruction.
- The National Policy on Education (1986, updated 1992): This policy reinforced the principle of secularism in education, aligning with the mandates of Article 28 to keep religious instruction out of state-funded schools.
Additional Insights
- Secularism in Education: Article 28 is a cornerstone for maintaining the secular fabric of education in India, ensuring that state resources are not used for religious indoctrination.
- Endowment and Trust Institutions: Institutions established by endowments or trusts that require religious instruction form a critical exception, reflecting India’s diverse educational heritage.
- Parental Consent: The requirement for consent underscores the importance of individual and parental rights in deciding participation in religious activities, respecting personal beliefs and freedoms.
Previous Year Prelims Questions Related to Article 28
- UPSC Prelims 2017: With reference to the Indian Constitution, consider the following statements:
- (1) Article 28 prohibits religious instruction in any educational institution wholly maintained out of state funds.
- (2) Article 28 allows religious instruction in state-recognized educational institutions if the individual or guardian consents. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2 Answer: (c) Both 1 and 2
- UPSC Prelims 2015: Which one of the following statements is correct about Article 28 of the Indian Constitution?
- (a) It allows the State to impart religious instruction in educational institutions wholly maintained out of state funds.
- (b) It prohibits the State from imparting religious instruction in any educational institution.
- (c) It allows the State to impart religious instruction in institutions established under endowments or trusts.
- (d) It mandates the State to impart religious instruction in all educational institutions. Answer: (c) It allows the State to impart religious instruction in institutions established under endowments or trusts.
Previous Year Mains Questions Related to Article 28
- UPSC Mains 2015: Discuss how the provisions of Article 28 uphold the principle of secularism in the Indian education system. How do these provisions balance individual rights and state interests? (15 marks)
- UPSC Mains 2018: Examine the role of Article 28 in maintaining the secular nature of state-funded educational institutions in India. How does this article interact with other fundamental rights related to freedom of religion? (10 marks)
By thoroughly understanding Article 28, including its provisions, judicial interpretations, and relevance to previous exam questions, UPSC aspirants can enhance their knowledge of the constitutional framework that governs the interplay between education and religion in India, reinforcing the secular principles enshrined in the Constitution.