Article 28 – Indian Constitution [with Explanation]

This article is a compilation of Article 28 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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📖 Read This Article in Hindi

📜 Article 28

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.

🔍 Explanation

Religion is an organized collection of beliefs, socio-cultural systems, shared practices and world views that link humanity to an order of existence.

Religion is usually a symbol, a sacred history or scripture, a system of worship and an ideology whose main purpose is to find the meaning of life, its origin or explanation of the universe, or to achieve spiritual transcendence.

Religious freedom is also mentioned in our Preamble and this shows its importance. Religious freedom should also be given priority. Because in a way, our values, our values, our social norms are largely governed by religion.

Perhaps that is why we  chose the path of secularism  so that all religions can work together to establish a multi-religious society with a common goal, to make India prosperous, to give India the prestige it deserves in the world, etc.

There are a total of four articles in the ‘ right to religious freedom ‘ (which you can see in the chart below), in this article we are going to understand the last article i.e. article 28.

Right to religious freedom ↗️
⚫ Article 25  – Freedom of conscience and free profession, practice and propagation of religion ⚫ Article 26  – Freedom to manage religious affairs Article 27 –  Freedom as to payment of taxes for promotion of any particular religion ⚫ Article 28  – Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

| Article 28 – Freedom as to attendance at religious instruction or religious worship in certain educational institutions

It basically talks about where religious education can be given and where not. Following are some of its provisions.

(1)  No religious education of any kind will be given in all the educational institutions which are fully funded by the state.

As we know India follows secularism. That is, people can have their own religion here, but the state will not have any religion of its own.

Apart from this, religious freedom was guaranteed in the constitution, which is for individuals as well as for groups. It is against the policy of our constitution that money should be spent from the public fund for the promotion or maintenance of any particular religion or sect of a particular religion.

The state will not use public money (which comes in the form of tax) for any religious work, nor will the state promote any religion.

It means to say that either there is no religion in the eyes of the state or all religions are equal in its eyes. Anyway, the work of the state is public welfare and not religious welfare.

(2) Nothing in clause (1) shall apply to an educational institution administered by the State but established under any endowment or trust which requires that religious instruction be imparted in that institution.

Such educational institutions which are administered by the state but have been established by a trust, under which it is necessary to impart religious education, then religious education can be imparted there.

(3) Any person attending an educational institution recognized by the State or receiving aid out of State funds, for attending religious instruction imparted in such institution or for attending religious worship conducted in such institution or in any place attached thereto. shall not be compelled to do so unless that person, or, if he is a minor, his guardian, has given his consent thereto.

It means to say that if an institution is recognized by the state or receives some grant from the state but its administration is not in the hands of the state, then religious education can be given voluntarily in such institutions, that is, if If a person wants, he can take religious education and if he wants, he may not.

But as said, it is voluntary , that is, if a person is an adult , he can take religious education on his own free will. If that person is a minor , religious instruction cannot be given unless his guardian gives his consent.

So overall this is Article 28, I hope you have understood. To understand other article, you can use the link given below.

| Related Article

Hindi Articles	English Articles
⚫ अनुच्छेद 23 ⚫ अनुच्छेद 24 ⚫ अनुच्छेद 25 ⚫ अनुच्छेद 27 ⚫ अनुच्छेद 29	⚫ Article 23 ⚫ Article 24 ⚫ Article 25 ⚫ Article 27 ⚫ Article 29

⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.