Article 28 of the Indian Constitution: Freedom as to attendance at religious instruction

Article 28 of the Indian Constitution: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

1. Historical Background:

Article 28 of the Indian Constitution was included to protect the right to freedom of religion in educational institutions. It recognizes the significance of education in the overall development of individuals and aims to ensure that educational institutions respect the diverse religious beliefs and practices of students. This provision reflects the commitment of the Indian Constitution to uphold religious freedom and promote a secular and inclusive educational system.

 

2. Text of Article 28:

Article 28 of the Indian Constitution 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 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."

 

3. Interpretation and Scope:

a. No Religious Instruction in State-Funded Institutions: Article 28(1) prohibits the imparting of religious instruction in educational institutions that are wholly maintained out of State funds. This ensures that public educational institutions, which receive financial support from the State, maintain religious neutrality and do not promote or favor any particular religion.

b. Exception for Institutions with Religious Endowments or Trusts: Article 28(2) provides an exception to the prohibition on religious instruction for educational institutions that are administered by the State but have been established under any endowment or trust that mandates the imparting of religious instruction. Such institutions are allowed to provide religious instruction in accordance with the requirements of the endowment or trust.

c. Voluntary Nature of Religious Instruction and Worship: Article 28(3) guarantees the voluntary nature of religious instruction and worship in educational institutions recognized by the State or receiving aid out of State funds. It ensures that no student or person attending such institutions is compelled to take part in religious instruction or attend religious worship without their consent or the consent of their guardian.

 

4. Significance and Implications:

Article 28 holds significant importance in preserving the right to freedom of religion in the educational sphere. It has the following implications:

a. Promotion of Secular Education: Article 28(1) upholds the principle of secularism in public educational institutions that are funded by the State. It ensures that these institutions maintain religious neutrality and provide an inclusive learning environment for students, irrespective of their religious beliefs or affiliations.

b. Protection of Individual Freedom: Article 28(3) safeguards the individual freedom of students and attendees of educational institutions. It ensures that they are not compelled to participate in religious activities or receive religious instruction against their will or without the consent of their guardian. This provision respects the diversity of religious beliefs and ensures that individuals have the autonomy to make choices regarding their religious practices.

c. Preservation of Religious Endowments and Trusts: Article 28(2) recognizes the existence and importance of educational institutions established under religious endowments or trusts. It allows these institutions to provide religious instruction as mandated by the specific endowment or trust, preserving the religious character and objectives of such institutions.

 

5. Exceptions and Limitations:

a. Private Educational Institutions: Article 28 does not explicitly address private educational institutions. However, the rights and obligations of private educational institutions regarding religious instruction and worship may be subject to other provisions of the Indian Constitution, such as the right to establish and administer educational institutions under Article 30.

b. Moral Education and Value-based Instruction: While Article 28 prohibits religious instruction in state-funded institutions, it does not preclude the inclusion of moral education or value-based instruction in the curriculum. Educational institutions may provide ethical, moral, or value-based education that promotes universal principles of morality, social harmony, and civic virtues.

 

6. Enforcement and Judicial Interpretation:

The enforcement of Article 28 involves both legislative measures and judicial interpretation:

a. Legislative Measures: The Indian Parliament has enacted laws and regulations to ensure compliance with the principles enshrined in Article 28. These laws establish guidelines and mechanisms for educational institutions funded by the State to maintain religious neutrality and uphold the voluntary nature of religious instruction and worship.

b. Judicial Pronouncements: The Supreme Court of India has played a crucial role in interpreting and upholding the rights and obligations outlined in Article 28. It has delivered several judgments related to religious instruction, religious practices in educational institutions, and the balance between religious freedom and secular education. The Court has emphasized the importance of maintaining a secular educational environment while respecting the freedom of religion of students and the autonomy of educational institutions.

 

In conclusion, Article 28 of the Indian Constitution protects the right to freedom of religion in educational institutions. It prohibits the imparting of religious instruction in state-funded institutions while ensuring the voluntary nature of religious instruction and worship in educational institutions recognized by the State or receiving aid out of State funds. Through legislative measures and judicial interpretations, the Indian legal framework aims to effectively enforce the provisions of Article 28 and promote a secular and inclusive educational system that respects the diverse religious beliefs and practices of individuals.

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