Constitution of India · Section Article 28
Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Article 28 — Freedom as to attendance at religious instruction or religious worship in certain educational institutions
- Freedom as to attendance at religious instruction or religious worship in certain educational institutions.—(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. Cultural and Educational Rights
Plain English Summary
This article ensures that government-funded schools cannot force students to attend religious lessons or worship. However, if a school is run by the State but established through a trust that mandates religious instruction, this rule does not apply. Generally, students attending state-recognized institutions do not have to participate in religious activities unless they or their guardian agree.
Key Points
- State-funded educational institutions cannot provide religious instruction.
- Exceptions exist for institutions established under endowments or trusts that require religious instruction.
- Students attending recognized institutions do not have to participate in religious instruction or worship unless consent is given.
- Consent must be given by the student or their guardian for participation.
Why It Matters
This article protects the right of students to receive education without mandatory religious indoctrination, ensuring a secular environment in public schools.
Landmark Judgements
No major landmark judgements.