Article 28 of Constitution of India – Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Article 28 of Constitution of India deals with Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Original Text of Article 28 of Constitution of India
(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.
Questions related to Article 28 of Constitution of India
Article 28 deals with religious instruction in educational institutions. It says that no religious teaching shall be provided in any educational institution wholly funded by the State under the Constitution of India.
Not in every case. Government-funded institutions cannot offer religious instruction, but schools managed by trusts or religious bodies may provide such instruction—this is detailed in Article 28 and explained further on Indian Kanoon.
Article 28(3) ensures that no person can be forced to take part in religious instruction or worship in institutions without their (or their guardian’s) consent. This protects freedom of conscience under the Indian Constitution.
It ensures that the State maintains neutrality in religious matters, especially in publicly funded education. Article 28, like other Articles of Indian Constitution, reinforces India’s commitment to secularism.
Yes, courts have addressed cases related to religious prayers or teachings in schools, many of which can be found on Indian Kanoon, offering real-world insight into how Article 28 is applied under the Constitution of India.
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