Article 28

Article 28 of the Constitution of India establishes the framework governing the relationship between religion and education. It delineates the circumstances under which religious instruction may or may not be imparted in educational institutions and safeguards the rights of individuals to choose whether to participate in religious activities. This provision upholds India’s commitment to secularism while respecting the rights of minorities to preserve their religious and educational traditions.

Constitutional Scope and Purpose

Article 28 is one of the key provisions under Part III – Fundamental Rights, specifically addressing the freedom of religion in educational settings. It ensures that the State maintains neutrality in matters of faith while allowing space for religious instruction in certain institutions established under specific endowments or trusts. The Article thus reflects a delicate constitutional balance between secular education and religious freedom.

Structure and Provisions of Article 28

Article 28 comprises three clauses that collectively define the relationship between religion and education in India.

• Clause (1): Prohibition of Religious Instruction in State-Funded InstitutionsThis clause provides that “no religious instruction shall be provided in any educational institution wholly maintained out of State funds.”It establishes the secular character of education in all institutions financed entirely by the government, ensuring that public funds are not used to propagate or promote any religion. The purpose is to maintain neutrality among all faiths and prevent the State from favouring any particular religion in public education.
• Clause (2): Exception for Endowments and TrustsClause (2) allows an exception where an educational institution has been established under an endowment or trust that specifically requires religious instruction as part of its objectives. Such institutions may impart religious education, even if they are administered by the State, provided that the religious instruction is in accordance with the original terms of the endowment or trust.This clause recognises the historical and cultural diversity of India and respects the intent of charitable trusts and religious endowments that have traditionally supported educational activities.
• Clause (3): Freedom to Opt Out of Religious Instruction and WorshipClause (3) ensures individual freedom by providing that no person attending any educational institution recognised by the State or receiving State aid shall be required to take part in any religious instruction or worship without consent.For minors, the consent must come from their guardian. This provision protects students from being coerced into religious participation, thereby reinforcing the principles of freedom of conscience and personal autonomy guaranteed under Article 25.

Key Terms

• Educational Institution: Includes schools, colleges, universities, and any other organisation providing formal education, whether managed by the State or private bodies.
• State Funds: Encompasses financial support from the Central, State, or local governments used for maintaining educational institutions.
• Religious Instruction: Refers to teaching or practices aimed at promoting the beliefs, doctrines, or rituals of a specific religion.

Judicial Interpretation and Important Case Laws

The Supreme Court and High Courts have played a significant role in interpreting Article 28, ensuring a balance between the secular framework of the State and the rights of religious and minority institutions.

• In Re: The Kerala Education Bill (1957):The Supreme Court upheld the secular nature of education, emphasising that State funds should not be used for imparting religious instruction. However, it recognised the right of minority institutions to manage their own educational affairs in accordance with their faith.
• St. Xavier’s College v. State of Gujarat (1974):The Court reiterated that minority institutions have the right to administer and impart religious instruction under Articles 26 and 30, even if they are affiliated with the State, as long as the State does not provide full funding.
• T.M.A. Pai Foundation v. State of Karnataka (2002):The Court clarified that the right to establish and administer educational institutions is part of the right to freedom of occupation and religion. It balanced the regulatory powers of the State with the autonomy of minority institutions to include religious content in their curriculum.
• Pramati Educational and Cultural Trust v. Union of India (2014):The Supreme Court reaffirmed that minority institutions are exempted from certain State controls under the Right to Education Act, thereby protecting their right to provide religious instruction consistent with their faith.

Through these decisions, the judiciary has maintained that while secularism must govern State-run education, minority institutions enjoy constitutional autonomy in matters of religious instruction.

Relationship with Other Fundamental Rights

Article 28 operates in conjunction with several other constitutional provisions related to religious freedom and minority rights:

• Article 25: Guarantees every individual the freedom of conscience and the right to profess, practise, and propagate religion.
• Article 26: Grants religious denominations the freedom to manage their own religious affairs.
• Article 29: Protects the cultural and educational rights of minorities, allowing them to preserve their language, script, and culture.
• Article 30: Ensures the right of minorities to establish and administer educational institutions of their choice.

Together, these provisions reflect a comprehensive framework that safeguards religious liberty while maintaining the secular fabric of India’s educational system.

Implications and Significance

Article 28 serves several significant constitutional and social purposes:

• Upholding Secular Education: It ensures that institutions wholly maintained by State funds remain free from religious bias, promoting inclusivity and equality.
• Protection of Individual Autonomy: It protects students from being compelled to participate in religious instruction or worship against their will.
• Preservation of Minority Rights: It allows religious and linguistic minorities to impart religious instruction consistent with their traditions and beliefs.
• Balance Between Faith and Neutrality: It harmonises the principle of secularism with India’s pluralistic and diverse society.

By maintaining neutrality in education, Article 28 ensures that the State neither promotes nor discriminates against any religion, thereby preserving the constitutional ethos of equality and freedom of belief.

Contemporary Relevance and Debates

In contemporary India, debates continue regarding the extent to which religious instruction can coexist with secular education. Issues such as religious symbols in schools, morning prayers, and inclusion of religious values in curricula often raise questions about compliance with Article 28.
Additionally, minority institutions continue to assert their constitutional autonomy under Articles 26, 29, and 30 to provide faith-based education. Courts and policymakers strive to balance these rights with the broader goal of maintaining secular and inclusive educational spaces.

Conclusion

Article 28 of the Indian Constitution embodies the vision of a secular and pluralistic educational system that respects both faith and freedom. It prevents the use of State-funded education for religious propagation while safeguarding the rights of minorities and individuals to practise and teach their religion within constitutionally defined boundaries. By upholding neutrality and protecting choice, Article 28 continues to guide the moral and constitutional principles that govern India’s educational and social landscape.