Article 28: Upholding Secularism in Indian Education
Article 28 of the Indian Constitution is a meticulously crafted provision that defines the relationship between the State, religion, and education.1 It serves as a crucial instrument for maintaining the secular character of the Indian educational landscape.2 By setting clear rules about religious instruction and worship in different types of educational institutions, the article protects the freedom of conscience of students while upholding the principle that state funds should not be used to promote any particular religion.3 It carefully balances the State’s role in education with the rights of individuals and religious trusts.
A Differentiated Framework: The Four Types of Institutions
To understand Article 28, it is essential to recognize that it does not apply a single, uniform rule to all educational institutions. Instead, it implicitly creates a four-tiered classification based on the nature of state funding and administration.5 The rules for religious instruction differ for each category:
- Institutions Wholly Maintained by the State: These are institutions, such as government schools and colleges, that are entirely funded and run by the State.
- Institutions Administered by the State but Established under a Trust or Endowment: These are institutions that the State manages but were originally founded by a religious trust or endowment with a specific mandate to impart religious instruction.6
- Institutions Recognized by the State: These are typically private institutions that are not funded by the State but are officially recognized by it, allowing them to confer degrees or certificates.
- Institutions Receiving Aid from the State: These are privately managed institutions that receive financial assistance, such as grants-in-aid, from the State.
The Rules of Engagement: A Clause-by-Clause Analysis
Article 28 lays down specific rules for these institutions through its three clauses.7
Clause (1): The Absolute Prohibition
“(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.”
This is the most stringent provision of the article. It places an absolute ban on “religious instruction” in institutions that are entirely funded by the public exchequer.8 This ensures that the State, in its direct educational role, remains strictly secular and does not use taxpayer money to teach the tenets, rituals, or dogma of any particular faith.9 The purpose is to create a neutral and inclusive learning environment for students from all backgrounds.
Clause (2): The Trust or Endowment Exception
“(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.”10
This clause carves out a specific exception to the absolute ban in Clause (1). It recognizes that the State may sometimes take over the administration of an institution founded by a religious body. If the original trust or endowment deed that established the institution explicitly requires that religious instruction be provided, then such instruction is permissible, even if the State is now managing the institution. This clause respects the original intent of the founders of such institutions.
Clause (3): The Principle of Voluntary Participation
“(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 attache11d thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.”
This clause applies to the third and fourth categories of institutions—those that are state-recognized or state-aided.12 In these institutions, religious instruction is permitted. However, attendance is strictly voluntary. The clause establishes two key safeguards:
- No student can be compelled to attend any religious instruction or worship.13
- In the case of a minor, the explicit consent of their parent or guardian is required for them to attend.14
This ensures that while private institutions (even those receiving state aid) can have a religious character, they cannot impose their beliefs on students.15 The individual’s freedom of conscience is held paramount.
The Meaning of “Religious Instruction”
The Constitution does not define “religious instruction.” However, the judiciary has interpreted it to mean the teaching of the specific tenets, doctrines, rituals, and practices of a particular religion. In the case of Aruna Roy v. Union of India (2002), the Supreme Court made a crucial distinction.16 It held that the study of different religions and the teaching of moral values based on a comparative study of religious philosophies do not constitute “religious instruction” under Article 28. Such academic study is permissible even in state-run institutions as it is aimed at fostering religious tolerance and value-based education, not at promoting any single faith.
Similarly, in D.A.V. College v. State of Punjab (1971), the Court ruled that the academic study of the life and teachings of a religious figure (like Guru Nanak) does not amount to religious instruction.17
Conclusion: Weaving Secularism into Education
Article 28 is a cornerstone of secularism in the Indian public sphere. It deftly navigates the complex terrain of religion and education in a pluralistic society. It ensures that the State remains neutral in its own institutions while respecting the character of institutions founded by religious trusts.18 Most importantly, by making participation in religious activities voluntary in all other institutions that have a connection with the State, it firmly upholds the individual student’s right to choose their own path of belief. Article 28 thus creates a constitutional framework where education can thrive in an environment of inclusivity, tolerance, and respect for individual conscience.
