Freedom from Attending Religious Instruction is stated in Article 28 of Indian Constitution. The article provides the freedom for people to attend religious instructions in educational institutions wholly maintained by the state funds or receive aid from the state. It also seeks the guardian’s consent in case of minors. This Fundamental Right is an important topic for the UPSC Exam. In this article, we will explain the constitutional provisions, look into the constituent assembly debates and decode the Supreme Court judgements on this fundamental right.

Constitutional Provisions

• Article 28 prohibits completely state-run educational institutions from giving any religious instructions.
• However, the restriction is not applicable if the educational institution is established under any endowment or trust and is administered by the state.
• It provides freedom in choosing to attend any religious instruction by educational institutions either recognised by the state or receiving state funds.
• In the case of a minor, guardian consent is needed for the same.
• This article doesn't prohibit educational institutions maintained by religious groups thus permitting them to disseminate religious instruction.
• Furthermore, without his agreement, no individual attending any educational institution recognised by the State or getting help from State money will be obliged to attend any religious teaching or service in such institution.
• As a result, Article 28 specifies four categories of educational institutions:
  • Institutions wholly maintained by the State.
  • Institutions administered by the State but established under any endowment or trust.
  • Institutions recognised by the State.
  • Institutions receiving aid from the State.

Constitutional Assembly Debates

• Dr BR Ambedkar moved an amendment to prohibit even non-state institutions wholly funded by the State from providing religious instruction. Earlier the restriction was only on the state not to provide any religious instruction.
• Another member of the Constituent Assembly sought the deletion of the original clause(3) which read “Nothing in this article shall prevent any community or denomination from providing religious instruction for pupils of that community or denomination in an educational institution outside its working hours.”
• This was accepted and amended accordingly when the Article was put to vote.

Important Supreme Court Judgements

D. A. V. College Etc vs State Of Punjab & Ors (1971)

• One of the section of the Guru Nanak University (Amritsar) Act, 1969 which provided that the state shall make provisions for the study of life and teachings of Guru Nanak Devji was questioned as being violative of Article 28 of the Constitution.
• The court rejected this and held that the academic study of the life and teachings of Guru Nanak cannot be considered as religious instruction.

Aruna Roy and Others v. Union of India and Others (2002)

• In this case, a PIL was filed under Article 32 saying NCERT books is violative of the provisions of the constitution. It was also contended that it was anti-secular and was also without the consultation of the Advisory Authority and hence it should be set aside.
• The court found that there is no breach of Article 28 as studying religious philosophy in order to live a value-based life in society is not prohibited.

Conclusion

Article 28 plays an important role in maintaining the secular fabric of the nation by ensuring that educational institutions wholly funded by the state remain free from religious instruction. This provision not only upholds the principle of separation between religion and state but also guarantees freedom of conscience for all students, fostering an inclusive and unbiased educational environment.

FAQs

MCQs

1. What does Article 28 of the Indian Constitution primarily address?

A) Right to education
B) Freedom from attending religious instruction
C) Freedom of speech
D) Right to equality

2. Which of the following statements is true regarding Article 28?

A) It allows mandatory religious instruction in all schools
B) It is applicable only to private educational institutions
C) It ensures a secular education environment
D) It prohibits all forms of religious expression

3. Under what circumstances can religious instruction occur according to Article 28?

A) In all public schools
B) Only in private schools
C) In institutions maintained by religious minorities, if voluntary
D) None at all

4. How does Article 28 contribute to the secular framework of India?

A) By promoting religious education
B) By ensuring separation of religion from education
C) By mandating religious practices
D) By encouraging state-sponsored religion

5. Which article guarantees the right to profess and practice religion in India?

A) Article 21
B) Article 28
C) Article 25
D) Article 19

GS Mains Questions and Model Answers

Q1: Discuss the significance of Article 28 in promoting secularism in Indian education.

Answer: Article 28 is crucial in promoting secularism in Indian education by ensuring that no individual is compelled to participate in religious instruction within state-maintained educational institutions. This provision upholds the secular nature of the Indian Constitution, affirming the principle that the state shall not favor any religion. By creating a neutral educational environment, Article 28 allows students from diverse religious backgrounds to receive an education free from religious coercion. This not only protects individual freedoms but also fosters an atmosphere of mutual respect and understanding among students of different faiths, contributing to the overall harmony in a pluralistic society. Thus, Article 28 plays a vital role in maintaining the secular fabric of Indian education and society.

Q2: Analyze the implications of Article 28 on the rights of minority communities in India.

Answer: Article 28 has significant implications for the rights of minority communities in India, particularly concerning their educational rights and freedom of religion. By allowing religious minority institutions to provide voluntary religious instruction, Article 28 enables these communities to preserve and promote their cultural and religious identity within the educational sphere. This provision ensures that while minority institutions can impart religious teachings, attendance remains voluntary, protecting the rights of individuals who may not share the same beliefs. As such, Article 28 not only safeguards the interests of minority communities but also reinforces the overall framework of religious freedom in India, allowing for coexistence and mutual respect among various faiths. This balance is essential in maintaining social harmony and recognizing the contributions of diverse cultures to the Indian landscape.

Q3: Evaluate the relationship between Articles 28 and 25 of the Indian Constitution regarding religious freedom.

Answer: Articles 28 and 25 of the Indian Constitution collectively uphold the principle of religious freedom while ensuring a secular framework in India. Article 25 guarantees individuals the right to profess, practice, and propagate their religion, thereby affirming personal freedoms related to faith. In contrast, Article 28 specifically addresses the educational context, prohibiting compulsory religious instruction in state-funded institutions while allowing voluntary instruction in minority-maintained schools. Together, these articles create a comprehensive framework that protects both individual religious rights and the secular nature of education. This relationship highlights the importance of personal choice in matters of faith while ensuring that the state does not impose any religious doctrines on individuals, thereby fostering an environment of respect and tolerance in a diverse society.

Previous Year Questions on Article 28

1. UPSC CSE Prelims 2020:

Question: Which article of the Indian Constitution provides for freedom from attending religious instruction?

A) Article 19
B) Article 21
C) Article 28
D) Article 25

Answer: (C)

Explanation: Article 28 provides for freedom from attending religious instruction in educational institutions maintained by the state.

2. UPSC CSE Mains 2019 (GS Paper 1):

Question: "Discuss the role of Article 28 in ensuring secular education in India." Analyze in detail.

Answer: Article 28 plays a vital role in ensuring secular education in India by preventing compulsory religious instruction in state-funded institutions. This article safeguards individual rights, allowing students to receive education without the influence of religious doctrines. By fostering an inclusive environment, Article 28 promotes mutual respect among students of different faiths, contributing to social harmony. Additionally, it provides minority institutions the flexibility to impart religious education, as long as attendance remains voluntary. This balance between protecting secular education and allowing religious expression is crucial in maintaining the secular fabric of Indian society, affirming the fundamental rights of individuals while promoting cultural diversity.

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