Article 28: Freedom from Attending Religious Instruction
Article 28 grants religious instruction freedom in schools: no student can be forced into religious teaching or worship without consent.
At a glance
Article 28 governs religious instruction and worship in educational institutions connected with the State, on a graded, consent-based basis.
Article 28(1)-(3): no religious instruction in wholly State-funded institutions; exception for State-administered endowed institutions; consent required in recognised/aided institutions.
Ensures no student is forced into religious instruction or worship without consent, while respecting the religious character of endowed institutions.
Religious instruction freedom under Article 28 governs how far religion may enter the classroom in institutions connected with the State — whether it can be taught at all, and whether a student can ever be made to take part in it against their will. It is the last of the four provisions (Articles 25–28) that together constitute the Right to Freedom of Religion in Part III of the Constitution.
The Three Clauses of Article 28
Article 28 distinguishes between different categories of educational institutions and applies a different rule to each:
| Clause | Type of institution | Rule |
|---|---|---|
| 28(1) | Wholly maintained out of State funds | No religious instruction shall be provided at all |
| 28(2) | Administered by the State but established under an endowment/trust requiring religious instruction | Clause (1) does not apply — religious instruction may continue |
| 28(3) | Recognised by the State, or receiving State aid | Religious instruction/worship may be imparted, but no person can be required to take part without their (or their guardian's) consent |
Clause (1): The Strict Bar in Wholly State-Funded Institutions
Where an educational institution is wholly maintained out of State funds, Article 28(1) imposes an absolute bar — no religious instruction shall be provided in it at all. This reflects the principle that the State itself, when it is fully funding and running an institution, must remain neutral and cannot use that institution as a vehicle for teaching any particular religion.
Clause (2): The Exception for Endowed Institutions Administered by the State
Clause (2) carves out an exception for institutions that are administered by the State but were established under an endowment or trust that specifically requires religious instruction to be imparted. In such cases, the State's administrative role does not override the founding trust's requirement, and the strict bar in clause (1) does not apply. This recognises that some institutions come under State administration while carrying a pre-existing religious character built into their foundation.
Clause (3): Consent-Based Protection in Recognised or Aided Institutions
Clause (3) covers a third and broader category — any educational institution recognised by the State or receiving aid out of State funds, even if not wholly State-funded. Here, religious instruction or worship may be conducted, but no person attending the institution can be required to take part in it, or to attend religious worship on the premises, unless that person — or their guardian, if they are a minor — has given consent. This clause protects individual choice rather than banning religious instruction outright: it allows such institutions to impart religious teaching while ensuring no student is compelled to participate against their (or their guardian's) will.
The Underlying Logic: A Graded Approach
Article 28 does not apply one uniform rule to every school. Instead, it grades the restriction according to how directly the State is responsible for the institution: a complete bar where the State fully funds and runs the institution, an exception where a pre-existing religious trust is involved, and a consent requirement where the State merely recognises or aids an otherwise independent institution. This graded structure allows India's diverse landscape of government, government-aided, and privately-run educational institutions to coexist with the constitutional commitment to keeping religion out of state-compelled education.
Relationship with Articles 25–27
Article 25 protects an individual's freedom of conscience and worship generally; Article 26 protects a religious denomination's right to manage its own institutions and property; Article 27 stops the State from taxing citizens to fund a particular religion. Article 28 completes the scheme by addressing the specific context of education — ensuring that whatever the funding or administrative link between an institution and the State, no person is forced into religious instruction or worship without consent.
UPSC Relevance
Prelims
- Article 28(1): no religious instruction in institutions wholly maintained out of State funds.
- Article 28(2): exception for State-administered institutions established under an endowment/trust requiring religious instruction.
- Article 28(3): in State-recognised or State-aided institutions, no person can be required to take part in religious instruction/worship without consent (or a guardian's consent, for minors).
Mains
- Examine how Article 28 balances the secular character of state-funded education with the religious character of endowed institutions.
- Discuss why Article 28 applies different rules to wholly State-funded, State-administered-but-endowed, and State-recognised/aided educational institutions.
FAQ
Can a wholly government-funded school provide religious instruction? No. Article 28(1) bars religious instruction in any educational institution wholly maintained out of State funds.
Are there any exceptions to this bar? Yes. Article 28(2) allows religious instruction to continue in an institution administered by the State if it was established under an endowment or trust that requires such instruction.
Can a State-aided or State-recognised school teach religion? Yes, under Article 28(3), but no student can be compelled to take part in the religious instruction or worship without their consent, or their guardian's consent if they are a minor.
What is the core principle behind Article 28? That participation in religious instruction or worship in institutions connected with the State must remain a matter of consent, not compulsion, with the degree of restriction depending on how directly the State funds or administers the institution.
Quick Revision
- Article 28(1): no religious instruction in institutions wholly funded by the State.
- Article 28(2): exception for State-administered institutions founded under a trust requiring religious instruction.
- Article 28(3): in recognised/aided institutions, participation requires consent (or guardian's consent for minors).
- Graded scheme based on the State's degree of funding/administration.
- Completes the Articles 25–28 scheme on freedom of religion.
Sources
Further Reference
For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:
- M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
- D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
- The Constitution of India — Bare Act — the official text.
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Constitutional provisions
Individual freedom of conscience and right to profess, practise, and propagate religion.
Collective right of a religious denomination to manage its own religious affairs and property.
No person compelled to pay a tax whose proceeds are specifically appropriated for promoting or maintaining a particular religion.
Regulates religious instruction/worship in educational institutions connected with the State, graded by funding/administration, and consent-based in recognised/aided institutions.