CONSTITUTION OF INDIAArticle 28
“
(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. (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 … unless such person or, if such person is a minor, the guardian of such person has given his consent thereto.
Wholly maintained out of State funds sets the 28(1) threshold; the guardian-consent clause protects minors.
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🏫 Article 28: Religious Instruction
Keeping State-run education free of religious instruction.
Art. 28No religious instruction in State-maintained institutions
InstitutionsApplies to State-funded educational institutions
FreedomPart of the right to freedom of religion
ExceptionInstitutions administered by a religious trust may teach
DPSP-likePart of Fundamental Rights (Art 25-28)
ExamDistinguish 28(1) from 28(2) exceptions
💡The trap: Article 28 prohibits religious instruction in State-maintained institutions, with a narrow exception.
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🏛️ Must Know
The Three Clauses
- 28(1)Bars religious instruction in any institution wholly maintained out of State funds.
- 28(2) exceptionA State-administered institution set up under a trust or endowment that requires religious instruction is exempt.
- 28(3)At aided or State-recognised institutions, no one can be forced to attend religious instruction or worship without consent.
- Guardian consentFor a minor, that consent must come from a guardian, not the child directly.
- Why it mattersArticle 28 governs classrooms specifically, complementing the broader religious-freedom Articles 25 to 27.
The Story of the Line
- The questionCan a school teach about religion, or only one religion’s rituals?
- Article 28’s banIt bans teaching one faith’s rituals and worship in State-funded schools.
- Aruna Roy 2002The Court held that studying religions is not the same as religious instruction.
- So whatA comparative, academic study of world religions is allowed; indoctrinating one faith is not.
🏘️ Good to Know
Where the Line Falls
- Wholly State-funded28(1) bans religious instruction here completely.
- Trust-run, State-administered28(2) allows it if the trust requires it.
- Aided or recognised28(3) protects consent — no forced attendance.
- So whatThe line depends on funding source and consent.
Guardian Consent in Practice
- Minor’s consentFor a child, consent to attend religious instruction must come from a guardian.
- Protects the childThe child cannot be pressured to attend without a guardian’s say-so.
- Why it mattersThe guardian-consent rule is a precise, high-yield detail.
- So whatIt extends 28(3)’s consent protection to minors.
✅ Test Yourself
Work through a 5-question chain on Article 28, then keep practising with a random Indian Polity question.
⚡ Great to Know
The Three-Fold Structure
- 28(1) banWholly State-funded schools cannot give religious instruction.
- 28(2) carve-outTrust-run, State-administered institutions may, if the trust requires it.
- 28(3) consentAided or recognised institutions need consent; no forced attendance.
- How to recallFunded = ban; trust = allow; aided = consent.
- Why it mattersBecause the exception is narrow, options that widen it are wrong.
🎯 Exam Angle (PYQ & MCQ Traps)
SSC 2024: Article 28 and Religious Instruction
- QuestionSSC and other competitive exams ask which Article prohibits religious instruction in educational institutions maintained by the State. Correct answer: Article 28.
- WhyArticle 28(1) forbids religious instruction in State-maintained institutions; Article 28(2) provides exceptions.
- LinkSource: SSC CGL 2024 (see Q6).
The All State Schools Trap
- Trap optionReligious instruction is banned in every institution the State touches.
- DistractorThe ban sounds universal.
- Fact tested28(2) exempts trust-run, State-administered institutions that require it.
- Eliminate fastIf an option omits the 28(2) exception, it overstates the ban.
- Try this ruleWholly-funded = banned; trust-administered = exempt.
The Study of Religion Trap
- Trap optionSchools cannot teach anything about religion at all.
- DistractorThe word religious sounds all-encompassing.
- Fact testedAruna Roy held comparative study of religions is education, not religious instruction.
- Eliminate fastIf an option bans all study of religion, it is wrong.
- Try this ruleInstruction (rituals) = banned; education (study) = allowed.
📰 Current Affairs
Secular Education Today
- DevelopmentCurriculum debates on value education keep Article 28 relevant.
- Why it mattersThe instruction-education line governs what schools may teach.
- So whatExpect it in questions on secularism and education.
Beyond the answer
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