Article 28 of the Costitution of India with Case law
🧾 Article 28 of the Constitution of India – Freedom as to attendance at religious instruction or religious worship in certain educational institutions
🔹 Text of Article 28 – Constitution of India
Article 28(1):
No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
Article 28(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.
Article 28(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.
📘 Purpose and Scope of Article 28
Protects religious freedom of students in State-funded or State-aided educational institutions.
Ensures that no coercion is used to make students participate in religious instruction or worship.
Draws a distinction between:
Wholly State-funded institutions – No religious instruction allowed (28(1)).
State-administered but privately endowed institutions – Religious instruction allowed if trust/endowment requires it (28(2)).
State-aided/recognized institutions – Student participation in religious instruction/worship must be voluntary (28(3)).
⚖️ Important Case Laws under Article 28
1. Aruna Roy v. Union of India (2002)
Issue: Whether inclusion of education on religions in the NCERT syllabus violates Article 28.
Held: The court upheld the NCERT syllabus. Teaching about religions in a secular and academic manner is not "religious instruction" and thus not violative of Article 28.
Significance: Clarified the difference between teaching about religion and religious instruction.
2. D.A.V. College v. State of Punjab (1971)
Issue: Whether compulsion on students to attend certain religious classes violates Article 28.
Held: The Court ruled that religious instruction cannot be imposed in State-aided institutions without the consent of the student/guardian.
Significance: Strengthened voluntary participation in religious worship/instruction.
3. Maharishi Mahesh Yogi Vedic Vishwavidyalaya v. State of M.P. (2013)
Held: State government has the power to withdraw grants from institutions if they violate secularism and propagate religious teachings not aligned with constitutional values.
Significance: Reinforces that public funds cannot be used to promote religious indoctrination.
📌 Key Takeaways from Article 28
| Clause | Provision | Applicability |
|---|---|---|
| 28(1) | No religious instruction in fully State-funded institutions | Strictly prohibited |
| 28(2) | Religious instruction allowed in State-run institutions founded on religious trust | Permitted under trust terms |
| 28(3) | No student shall be compelled to attend religious instruction/worship without consent | Applies to aided/recognized institutions |
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