Supreme Court Examines Religion-Teaching Schools Under Charity Law

The Supreme Court of India on 11 May 2026 considered the legal status of schools that impart religious instruction and left the issue to the Government of India for examination under constitutional and charity-law provisions. The matter concerns the classification of educational institutions that teach religion and their treatment under Articles 26(a), 19(1)(g), and 30(1) of the Constitution of India.

Constitutional Provisions on Religious and Educational Institutions

Article 26(a) of the Constitution of India protects the right of every religious denomination to establish and maintain institutions for religious and charitable purposes. Article 19(1)(g) protects the right to practise any profession or to carry on any occupation, trade, or business. Article 30(1) gives minorities the right to establish and administer educational institutions of their choice.

Issue Before the Supreme Court

The petition before the Supreme Court was filed by advocate Ashwini Kumar Upadhyay. The petition sought a declaration that institutions primarily imparting religious instruction should be treated as religious or charitable establishments and not as secular or professional educational institutions. A Bench headed by Justice Dipankar Datta stated that the matter falls within the domain of the Ministry of Education. The Court did not issue a final ruling on the classification issue at that stage.

Religious Education in Comparative Jurisprudence

The United Kingdom Supreme Court delivered a unanimous judgment on 19 November 2025 concerning religious education and collective worship in Northern Ireland’s controlled schools. The case involved a Belfast pupil identified as JR87 and her father. The UK Supreme Court held that religious education and collective worship breach human rights if they are not delivered in an objective, critical, and pluralistic manner. The Court reinstated the High Court’s 2022 verdict and overturned a Court of Appeal decision.

Important Facts for Exams

• Article 26 of the Constitution of India deals with freedom to manage religious affairs and includes the right to establish and maintain institutions for religious and charitable purposes.
• Article 30(1) protects the right of minorities to establish and administer educational institutions.
• The Supreme Court of India is the apex judicial body under the Constitution of India.
• Northern Ireland is part of the United Kingdom, and its school system includes controlled schools.

Human Rights Standard in Religious Instruction

Lord Stephens delivered the UK Supreme Court judgment in the Northern Ireland case. The Court held that a statutory right to withdraw a child from religious education and collective worship was not sufficient to prevent a human rights breach. The UK Supreme Court also found that the Department of Education in Northern Ireland had failed to inspect or monitor religious education and collective worship for compliance with human rights standards.