Part III: Fundamental Rights

Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions :: Right to freedom of Religion

(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 that requires religious instruction.

(3) No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to participate in any religious instruction or worship unless they or, if a minor, their guardian has given consent.

Explanation

Article 28 ensures that religious instruction is not imposed in state-funded educational institutions. This upholds the secular nature of public education by preventing the state from mandating religious teachings or forcing students to partake in religious worship without consent.

Key Aspects of Article 28

• Prohibition on Religious Instruction: Ensures that state-funded institutions remain secular, with no religious instruction allowed unless established under a trust mandating such instruction.
• Protection Against Forced Participation: No student in a state-recognized or state-aided institution is required to participate in religious activities without consent.

Real-Life Applications

In Bijoe Emmanuel v. State of Kerala (1986), the Supreme Court ruled that students could not be forced to sing the national anthem if it conflicted with their religious beliefs, illustrating Article 28’s protection against compelled religious activity in educational settings.