Article 28 of the Constitution of India deals with religious instruction and religious worship in educational institutions. It protects individuals from being compelled to receive religious instruction or participate in religious worship in certain educational institutions.
- Constitutional Provision
- Position of Article 28 in the Constitution
- Meaning of Religious Instruction
- Meaning of Religious Worship
- Article 28(1) – Institutions Wholly Maintained by State Funds
- Article 28(2) – Institutions Established Under Endowment or Trust
- Article 28(3) – Protection Against Compulsion
- Consent Under Article 28(3)
- Article 28 and Government Educational Institutions
- Article 28 and Aided Institutions
- Article 28 and Recognised Institutions
- Article 28 and Minority Educational Institutions
- Article 28 and Article 25
- Article 28 and Article 26
- Article 28 and Article 27
- Article 28 and Article 29
- Article 28 and Article 30
- Difference Between Religious Instruction and Religious Education
- Is All Religious Teaching Prohibited in Schools?
- Is Religious Worship Prohibited in Every School?
- Can a Student Be Forced to Attend Religious Worship?
- Article 28 and Freedom of Conscience
- Important Cases
- D.A.V. College v. State of Punjab
- Important Features of Article 28
- Common Confusions
- Article 28 at a Glance
- Important Points to Remember
- Quick Revision
- Conclusion
The provision seeks to maintain a constitutional balance between freedom of conscience, religious freedom and education. It does not impose a complete prohibition on religious instruction in educational institutions. Instead, Article 28 distinguishes between different categories of institutions and provides different constitutional rules for each.
Constitutional Provision
Article 28 contains four important constitutional rules:
Article 28(1)
No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
Article 28(2)
Article 28(1) does not apply to an educational institution administered by the State but established under an endowment or trust that requires religious instruction to be imparted.
Article 28(3)
No person attending an educational institution recognised by the State or receiving aid out of State funds shall be required to:
- Take part in religious instruction, or
- Attend religious worship conducted in the institution or its premises
unless that person has consented.
Where the person is a minor, the consent of the guardian is required.
Article 28(4)
The provision therefore creates different rules depending upon the source of funding, establishment of the institution and the individual’s consent.
Position of Article 28 in the Constitution
Article 28 is contained in Part III – Fundamental Rights.
It forms part of the Right to Freedom of Religion, along with:
- Article 25 – Freedom of conscience and religion
- Article 26 – Freedom to manage religious affairs
- Article 27 – Freedom from taxation for promotion of a particular religion
- Article 28 – Religious instruction and worship in educational institutions
Article 28 specifically addresses the interaction between religion and education.
Meaning of Religious Instruction
Religious instruction generally refers to teaching about the principles, doctrines, beliefs or practices of a particular religion.
Article 28(1) prohibits religious instruction in educational institutions that are wholly maintained out of State funds.
The provision is therefore concerned with religious teaching as part of the educational environment.
Meaning of Religious Worship
Religious worship refers to participation in religious acts or ceremonies intended for the worship or observance of a religion.
Article 28(3) protects students from being compelled to participate in religious worship in institutions covered by that provision.
The protection is particularly concerned with compulsion.
Article 28(1) – Institutions Wholly Maintained by State Funds
Article 28(1) provides the strongest restriction.
Where an educational institution is wholly maintained out of State funds, religious instruction cannot be provided there.
The important expression is “wholly maintained out of State funds.”
Therefore, the constitutional rule specifically concerns institutions that are completely maintained through State funding.
Article 28(2) – Institutions Established Under Endowment or Trust
Article 28(2) creates an exception to Article 28(1).
The prohibition on religious instruction does not apply to an educational institution that is:
- Administered by the State, but
- Established under an endowment or trust
where the endowment or trust requires religious instruction to be imparted.
This provision recognises that certain institutions may have been established under legal arrangements requiring religious instruction even though their administration is subsequently undertaken by the State.
Article 28(3) – Protection Against Compulsion
Article 28(3) provides an important individual safeguard.
A person attending an educational institution that is:
- Recognised by the State, or
- Receiving aid out of State funds
cannot be required to take part in religious instruction or attend religious worship conducted in the institution or its premises without consent.
This provision focuses on individual freedom of conscience.
Consent Under Article 28(3)
Consent is central to Article 28(3).
If a person is required to participate in religious instruction or worship, the constitutional requirement of consent becomes relevant.
Where the person is a minor, consent must be obtained from the guardian.
The provision therefore protects students from being compelled to participate in religious activities against their conscience.
Article 28 and Government Educational Institutions
Article 28(1) applies specifically to educational institutions wholly maintained out of State funds.
Such institutions cannot provide religious instruction.
This reflects the constitutional principle that public educational institutions completely maintained through State funds should not be used for religious instruction.
Article 28 and Aided Institutions
An institution receiving State aid is not necessarily subject to the same rule as an institution wholly maintained by State funds.
Article 28(3) becomes particularly relevant to aided institutions.
Students cannot be compelled to participate in religious instruction or worship merely because the institution receives State aid.
Article 28 and Recognised Institutions
Article 28(3) also applies to educational institutions recognised by the State.
Therefore, recognition by the State is sufficient to bring the institution within the protection against compulsory participation in religious instruction or worship under Article 28(3).
Article 28 and Minority Educational Institutions
Article 28 should also be understood alongside Article 30, which protects the rights of religious and linguistic minorities to establish and administer educational institutions.
Minority educational institutions may have a religious character.
However, students cannot be compelled to participate in religious instruction or worship contrary to the requirements of Article 28(3) where that provision applies.
The constitutional framework therefore attempts to balance institutional autonomy with individual freedom of conscience.
Article 28 and Article 25
Article 25 protects the general freedom of conscience and the right to profess, practise and propagate religion.
Article 28 applies that constitutional concern specifically to the educational environment.
| Basis | Article 25 | Article 28 |
|---|---|---|
| Primary Focus | General freedom of religion | Religion in educational institutions |
| Protection | Conscience, profession, practice and propagation | Protection concerning religious instruction and worship |
| Main Concern | Individual religious freedom | Religious teaching and worship in education |
| Key Principle | Freedom of conscience | No prohibited religious instruction or forced participation |
Article 28 and Article 26
Article 26 protects religious denominations and their rights to manage religious affairs.
Article 28 concerns religious instruction and worship in educational institutions.
A religious denomination may establish an educational institution, but the constitutional rules governing religious instruction and compulsory participation still need to be considered.
Article 28 and Article 27
Article 27 deals with taxation for the promotion or maintenance of a particular religion.
Article 28 deals with religious instruction and worship in educational institutions.
Both provisions form part of the Right to Freedom of Religion but regulate different aspects of the relationship between religion and the State.
Article 28 and Article 29
Article 29 protects the interests of sections of citizens having a distinct language, script or culture.
Article 28 is concerned specifically with religious instruction and worship in educational institutions.
The two provisions may become relevant together in disputes concerning education, culture, religion and minority rights.
Article 28 and Article 30
Article 30 protects the right of religious and linguistic minorities to establish and administer educational institutions of their choice.
Article 28, meanwhile, places constitutional restrictions on religious instruction and compulsory religious worship in specified institutions.
These provisions must therefore be read together when considering the constitutional position of minority educational institutions.
Difference Between Religious Instruction and Religious Education
It is important to distinguish religious instruction from the academic study of religion.
Teaching about religions from an objective, historical, philosophical or comparative perspective is not necessarily the same as providing religious instruction in the sense contemplated by Article 28.
For example, teaching students about:
- History of religions
- Comparative religion
- Religious philosophy
- Culture and civilisation
does not automatically amount to religious instruction.
The context and purpose of the teaching matter.
Is All Religious Teaching Prohibited in Schools?
No.
Article 28 does not impose a blanket prohibition on all teaching relating to religion.
Article 28(1) specifically prohibits religious instruction in educational institutions wholly maintained out of State funds.
Other institutions are governed by the specific rules in Article 28(2) and Article 28(3).
Is Religious Worship Prohibited in Every School?
No.
Article 28 does not prohibit every form of religious worship in every educational institution.
The important constitutional protection under Article 28(3) is that a person attending an institution covered by the provision cannot be required to participate in religious instruction or worship without consent.
Can a Student Be Forced to Attend Religious Worship?
Where Article 28(3) applies, a student cannot be required to attend religious worship without the required consent.
For a minor, the consent of the guardian is required.
This protection reflects the constitutional importance of freedom of conscience.
Article 28 and Freedom of Conscience
Freedom of conscience is central to Article 28.
A student may hold religious beliefs, follow a different religion or have no religious belief.
The Constitution therefore seeks to prevent compulsory participation in religious instruction or worship in circumstances covered by Article 28(3).
Important Cases
Aruna Roy v. Union of India
In Aruna Roy v. Union of India, the Supreme Court considered issues relating to value education and religious education.
The Court distinguished between religious instruction and education concerning the study of religions, values and philosophical traditions.
The case is important for understanding the scope of Article 28 and the distinction between religious instruction and broader education about religion.
D.A.V. College v. State of Punjab
In D.A.V. College v. State of Punjab, the Supreme Court considered questions concerning education, religion and minority institutions.
The decision is relevant to the constitutional relationship between educational institutions, religious instruction and the rights of minorities.
Important Features of Article 28
1. Fundamental Right
Article 28 is a Fundamental Right under Part III.
2. Deals With Education and Religion
It regulates religious instruction and worship in certain educational institutions.
3. State-Funded Institutions
No religious instruction can be provided in educational institutions wholly maintained out of State funds.
4. Exception for Certain Trust-Based Institutions
Article 28(2) provides an exception for institutions administered by the State but established under an endowment or trust requiring religious instruction.
5. Protects Against Compulsion
Article 28(3) prevents compulsory participation in religious instruction or worship in institutions covered by the provision.
6. Consent Is Important
Where participation is required, consent is necessary under Article 28(3).
7. Guardian’s Consent for Minors
Where the person is a minor, the guardian’s consent is required.
8. Applies to Recognised or Aided Institutions
Article 28(3) covers educational institutions recognised by the State or receiving State aid.
Common Confusions
Confusion 1: Article 28 Prohibits All Religious Instruction
No.
The prohibition under Article 28(1) specifically applies to educational institutions wholly maintained out of State funds.
Article 28(2) provides an exception for certain institutions established under an endowment or trust.
Confusion 2: Article 28 Prohibits All Religious Worship in Schools
No.
The provision does not impose a blanket prohibition on religious worship.
Article 28(3) primarily prevents compulsory participation in religious instruction or worship in institutions covered by that clause.
Confusion 3: Article 28 Applies Only to Government Schools
Not exactly.
Different clauses apply to different categories of educational institutions.
Article 28(1) concerns institutions wholly maintained by State funds, while Article 28(3) covers institutions recognised by the State or receiving State aid.
Confusion 4: Article 28 Prohibits Teaching About Religion
No.
Academic teaching about religion, history, philosophy or culture is not automatically equivalent to religious instruction.
The nature and purpose of the teaching must be considered.
Confusion 5: Article 28 and Article 25 Are the Same
No.
Article 25 provides the general freedom of conscience and religion.
Article 28 specifically addresses religious instruction and worship in educational institutions.
Confusion 6: Article 28 Gives Students a General Right to Refuse Any School Activity
No.
The provision specifically concerns religious instruction and religious worship covered by Article 28.
It does not create a general right to refuse ordinary educational activities.
Article 28 at a Glance
| Clause | Constitutional Rule |
|---|---|
| Article 28(1) | No religious instruction in institutions wholly maintained out of State funds |
| Article 28(2) | Exception for State-administered institutions established under an endowment or trust requiring religious instruction |
| Article 28(3) | No compulsory participation in religious instruction or worship in recognised or State-aided institutions without consent |
| Minor | Guardian’s consent is required |
Important Points to Remember
| Concept | What to Remember |
|---|---|
| Article | Article 28 |
| Part | Part III – Fundamental Rights |
| Subject | Religious instruction and worship in educational institutions |
| Article 28(1) | No religious instruction in institutions wholly maintained by State funds |
| Article 28(2) | Exception for certain institutions established under an endowment or trust |
| Article 28(3) | No compulsory religious instruction or worship in recognised or aided institutions |
| Consent | Required for compulsory participation under Article 28(3) |
| Minor | Guardian’s consent required |
| Related Right | Freedom of conscience under Article 25 |
| Related Article | Article 30 – Minority educational institutions |
| Important Case | Aruna Roy v. Union of India |
Quick Revision
- Article 28 → Religious instruction and worship in educational institutions
- Article 28(1) → No religious instruction in institutions wholly maintained out of State funds.
- Article 28(2) → Exception for certain State-administered institutions established under an endowment or trust requiring religious instruction.
- Article 28(3) → No person can be compelled to participate in religious instruction or worship in a recognised or State-aided institution without consent.
- Minor → Guardian’s consent required.
- Article 28 does not prohibit every form of religious teaching.
- Academic study of religion is not automatically the same as religious instruction.
- Article 25 → General freedom of conscience and religion.
- Article 28 → Specific protection concerning religion and educational institutions.
- Aruna Roy v. Union of India → Important for the distinction between religious instruction and education about religion.
Conclusion
Article 28 protects freedom of conscience within the educational environment by regulating religious instruction and preventing compulsory participation in religious instruction or worship in specified institutions. Its provisions differ according to the nature and funding of the educational institution.
The provision does not create a blanket ban on religion in education. Instead, it establishes a constitutional framework that distinguishes between institutions wholly maintained by State funds, institutions established under religious endowments or trusts, and recognised or aided institutions.
For examination purposes, remember:
Article 28(1) → No religious instruction in wholly State-funded institutions
Article 28(2) → Exception for certain endowment or trust-based institutions
Article 28(3) → No compulsory religious instruction or worship without consent
Minor → Guardian’s consent
Important case → Aruna Roy v. Union of India
