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[Cites 7, Cited by 498] [Constitution]

Constitution Article

Article 28 in Constitution of India

28. 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.Editorial Comment - Article 28 of the Indian Constitution pertains to the freedom of religion in educational institutions. It safeguards the rights of individuals, religious groups, and educational institutions with regards to religious instruction, religious worship, and attendance at religious ceremonies. 

No religious instruction can be provided in any educational institution wholly maintained by state funds. This ensures that public educational institutions funded by the government remain secular and do not impart religious teachings.

In educational institutions that are not wholly maintained by state funds, religious instruction is allowed. However, it requires the consent of parents or guardians. Students attending these institutions have the right to choose whether or not to receive religious instruction. In educational institutions that are not wholly maintained by state funds, students belonging to a particular religion have the right to attend religious worship or religious instruction conducted by the institution. 

The purpose of Article 28 is to maintain the secular character of educational institutions funded by the state and to uphold the freedom of individuals to pursue their own religious beliefs or choose not to participate in religious activities.

​In Aruna Roy v. Union of India, AIR 2002, a PIL was filed under Article 32 wherein it was contended by the petitioner that the National Curriculum Framework for School Education (NCFSE) is violative of the provisions of the constitution. It was contended that it was anti-secular and it should be set aside. The court ruled that there is no violation of Article 28 and there is also no prohibition to study religious philosophy for having value-based life in a society.ReferencesIndianKanoon Blog Ipleaders