Article 28 of the Constitution

A school is where children learn maths, science and values. Should it also teach a religion? In India, the answer depends on who pays for the school and who runs it. Article 28 draws that line. It is short, but it has three clauses and a famous court case behind it. Where exactly does the line fall?

1What Do the Three Clauses of Article 28 Say?

• Clause (1): no religious instruction in any institution wholly maintained out of State funds.
• Clause (2): clause (1) does not apply to an institution administered by the State but set up under a trust or endowment that requires religious instruction.
• Clause (3): in an institution recognised by the State or aided with State funds, nobody can be forced to take part in religious instruction or worship.
• The exception is consent. For a minor, the consent comes from the guardian.
• Memory aid: funded = ban. trust = allowed. aided = consent.

2Where Does the Line Fall?

• The test depends on who pays and who runs the institution.
• A school wholly funded by the State cannot give religious instruction at all.
• A State-run institution built on a trust or endowment may do so, if the trust requires it.
• A private or aided school may teach religion. But it cannot force a student to attend.
• So the ban is strong but not universal. Options that widen it are wrong.

3What Happened in the Aruna Roy Case?

• The Central Government had prepared a National Curriculum Framework for School Education in 2000.
• It included value education and the study of the teachings of different religions.
• A group led by social activist Aruna Roy went to the Supreme Court under Article 32.
• They said the framework broke the Constitution. They also said it was made without proper consultation.
• One of their main points was Article 28. They argued that this was religious instruction in State schools.
• On 12 September 2002, a three-judge bench decided Aruna Roy v. Union of India.
• The Court drew a line between religious instruction and the study of religions.
• Religious instruction means teaching the rituals and worship of one faith. That is what Article 28 bans.
• Studying religions, as a comparative and academic subject, is education. The Court held this is allowed.
• The Court dismissed the petitions. The framework could go ahead.

4Why Does a Guardian Give the Consent?

• Clause (3) says consent is needed before a student takes part in religious instruction or worship.
• A child cannot give that consent alone.
• So the guardian gives it for a minor.
• This stops a school from pressing a child to attend.
• It is a small detail, but exams like to ask it.

5How Does Article 28 Fit with Articles 25 to 27?

• Article 25: every person’s freedom of conscience and religion.
• Article 26: religious groups can manage their own affairs.
• Article 27: no tax for promoting a religion.
• Article 28: the classroom side of the same idea.
• All four keep the State neutral towards religion.

6What Should You Remember for Exams?

Must Know

• Article 28(1) bans religious instruction in institutions wholly maintained out of State funds.

Good to Know

• Clause (2) exempts State-administered trust institutions.
• Clause (3) needs consent in aided or recognised ones.
• A minor’s consent comes from the guardian.

Great to Know

• The ban is not on every school (Trap).
• The study of religions is allowed (Trap).
• Aruna Roy was decided on 12 September 2002 (Trap).

7How Has This Been Asked in Exams?