🟥 ARTICLE 28 – Prohibition of Religious Instruction in State-aided Institutions
🔸 What does Article 28 say?
It talks about where religious education can or cannot be given — especially in educational institutions that are:
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Run by the government,
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Aided by the government, or
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Recognised by the government.
🔹 Easy Explanation:
🧾 Clause (1):
❌ No religious instruction can be given in any educational institution that is fully funded by the government.
🧾 Clause (2):
✅ Exception – This ban does NOT apply if:
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The institution is run by the government, but it was established under a religious endowment or trust, and
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That trust requires religious instruction.
🧾 Clause (3):
✅ In institutions that are recognised or aided by the government:
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A student can refuse to attend religious instruction or worship.
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It’s voluntary, not compulsory.
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If the student is a minor, the guardian’s consent is required.
🟦 Types of Educational Institutions under Article 28
| Type | Description | Religious Instruction Allowed? |
|---|---|---|
| (a) | Wholly maintained by the State | ❌ Not allowed at all |
| (b) | Administered by the State but established under religious trust | ✅ Allowed if trust demands |
| (c) | Recognised by the State (but not owned) | ✅ Allowed, but only voluntarily |
| (d) | Aided by the State (financially helped) | ✅ Allowed, but only voluntarily |
🟧 Important Supreme Court Case
🔹 Aruna Roy v. Union of India (2002)
What was the issue?
People said that teaching about religion in schools violates Article 28.
What did SC say?
❗ “Teaching about religion is okay. Teaching how to practice a religion is not okay in govt schools.”
SC clearly distinguished between:
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❌ Religious Instruction = Teaching rituals, practices, and belief of a particular sect (NOT ALLOWED).
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✅ Education about Religion = Comparative study of values, philosophy of all religions (ALLOWED).
So, schools can:
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Teach students about unity of religions, moral values, philosophy, culture, etc.
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But cannot preach one religion’s rituals.
🟨 UPSC-Relevant Key Points
| Topic | Details |
|---|---|
| Article | 28 |
| Keyword | Ban on religious instruction in govt schools |
| Applies to | All persons (citizens + non-citizens) |
| Consent required? | ✅ Yes, in aided/recognised institutions |
| Minor's case | ❗ Consent of guardian is needed |
| Purpose | Protect secularism in education |
| Fees allowed? | ✅ Yes, but NOT for religious teaching |
| Religion education type allowed? | ✅ Comparative, neutral, value-based |
| Religion education type banned? | ❌ Ritualistic or sectarian preaching |
📊 Visual Summary Table:
| Clause | What it Says | Allowed or Not? |
|---|---|---|
| 28(1) | No religious instruction in fully state-funded schools | ❌ Not Allowed |
| 28(2) | Exception: Trust-based institution under State | ✅ Allowed |
| 28(3) | No student in aided/recognised schools shall be forced | ✅ Voluntary only |
📝 UPSC Sample MCQ:
Q. Which of the following statements regarding Article 28 is/are correct?
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Religious instruction is completely banned in all schools.
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A student in a recognised school can be forced to attend religious worship.
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Religious instruction can be given in a state-run institution if it is established under a religious trust.
Options:
A) 1 only
B) 3 only
C) 1 and 2 only
D) 2 and 3 only
✅ Correct Answer: B) 3 only
✍️ Mains Answer Point (Example Line):
"Article 28 ensures the secular character of education by preventing religious indoctrination in state-funded institutions, while still allowing the study of religious values and philosophy for character development."