Law4u - Made in India

What Is Constitution Of India Article 28?

Answer By law4u team

Constitution Of India Article 28: Freedom As To Attendance At Religious Instruction Or Religious Worship In Certain Educational Institutions

28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

  • (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 which requires that religious instruction shall be imparted in such institution.
  • (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 that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

Brief Detail

Article 28 ensures the secular nature of education funded by the State by prohibiting religious instruction in wholly State-funded institutions while allowing exemptions for institutions established under trusts mandating religious education. It also safeguards individual choice by requiring consent for participation in religious instruction or worship in aided or recognised institutions.

Question

Q1: Can State-funded institutions provide religious instruction?

A1: No, institutions wholly maintained by State funds cannot provide religious instruction, as per Article 28(1).

Q2: What is the condition for religious instruction in institutions established under trusts?

A2: Religious instruction can be provided if the institution is established under an endowment or trust requiring it, even if administered by the State.

Example

Example 1: A government school wholly funded by State resources cannot include religious classes as part of its curriculum.

Example 2: A trust-based institution receiving State aid can provide religious education if the trust's terms mandate it, but participation requires prior consent.

Summary

Article 28 ensures the secular approach of State-funded education, allows religious instruction under specific trust conditions, and protects individual choice regarding participation in religious activities in educational institutions.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Naveenkumar N

Advocate Naveenkumar N

Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Medical Negligence, Motor Accident

Get Advice
Advocate Mohammad Yaseen

Advocate Mohammad Yaseen

Documentation, Muslim Law, R.T.I, Court Marriage, Breach of Contract

Get Advice
Advocate Manikandan S

Advocate Manikandan S

Cheque Bounce, Civil, Criminal, Divorce, Muslim Law

Get Advice
Advocate Tunish Kumar

Advocate Tunish Kumar

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, Muslim Law, R.T.I, Succession Certificate

Get Advice
Advocate Lokendra Singh Panwar

Advocate Lokendra Singh Panwar

Civil, Cheque Bounce, Divorce, Family, Domestic Violence, Criminal, Revenue, Anticipatory Bail

Get Advice
Advocate Naval Kishore Chouhan

Advocate Naval Kishore Chouhan

Anticipatory Bail, Arbitration, Banking & Finance, Civil, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Landlord & Tenant, Labour & Service, Media and Entertainment, Motor Accident, Patent, NCLT, Medical Negligence, Property, R.T.I, Muslim Law, Recovery, Succession Certificate, Startup, RERA, Supreme Court, Wills Trusts, Tax, Revenue, Trademark & Copyright, Bankruptcy & Insolvency, Armed Forces Tribunal

Get Advice
Advocate Santanu Deka

Advocate Santanu Deka

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Labour & Service, Motor Accident, Muslim Law, Succession Certificate, Wills Trusts

Get Advice
Advocate Senthil Naath M

Advocate Senthil Naath M

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Divorce, Documentation, Domestic Violence, Family

Get Advice

The Constitution of India Related Questions

Discover clear and detailed answers to common questions about The Constitution of India. Learn about procedures and more in straightforward language.