The Indian Constitution enshrines some of the world’s most progressive and comprehensive guarantees for religious freedom. Article 28, a cornerstone among these provisions, offers a specific shield: protection from religious instruction within certain educational institutions. This principle not only reflects India’s commitment to secularism but also continues to influence debates about pluralism, education, and public policy in the modern era.
Article 28 is succinct yet profound. It reads:
At its core, Article 28 prohibits religious instruction in fully State-funded institutions, but carves out exceptions for schools established under specific endowments. It also ensures voluntarism—no child or student can be compelled to participate in religious activities without consent.
When India’s Constitution was being written, the framers were acutely aware of the country’s diversity. Nearly every major religion is represented in India, and tensions around religious identity were high in the wake of Partition. Article 28 was born of the belief that neutral public education is critical to the integrity of a secular republic.
Beyond this, debates in the Constituent Assembly reflected concerns about the state either propagating or appearing to favor one faith over another. The result was a legal mandate that keeps religious instruction—often a source of division—distinct from the public educational system.
Indian secularism, unlike Western models, doesn’t rigidly separate religion and state but rather seeks principled distance: the state may intervene for religious reform and ensure equal treatment, but must not privilege any one faith or compel belief.
“Article 28 gives concrete shape to the idea that the state must maintain equidistance from all religions, particularly in spaces that shape the next generation—our schools and universities,” notes Professor Faizan Mustafa, a leading constitutional scholar.
Article 28’s application is far-reaching, particularly regarding what kinds of religious or spiritual education can be offered in government schools and colleges.
Government-run schools and fully State-funded universities are strictly forbidden from providing religious instruction. This means, for example, that morning assemblies in these institutions cannot include mandatory religious recitations, nor can courses be designed to privilege or prescribe belief in any particular faith.
However, where institutions are run under the terms of a religious trust—even if administered by the State (like certain minority institutions)—religious instruction may be permitted, provided it aligns with the terms of their establishment.
A notable feature of Article 28 is its emphasis on consent. Even in aided or recognized institutions, participation in religious activity cannot be enforced. Schools must obtain the explicit (or guardian) consent of students before involving them in any religious curriculum or ceremony. This protection applies not just to government schools, but also to private institutions receiving State aid.
The Supreme Court of India has, on several occasions, upheld the sanctity of Article 28. Courts have clarified that teaching about religions, as part of general knowledge or comparative religion courses, is distinct from imparting religious instruction or proselytization. Thus, instruction should be informational rather than doctrinal.
For example, a well-cited judgment observed:
“It is not religious instruction per se that Article 28 prohibits, but rather being compelled to take part in it. The line drawn is between exposure to religious cultures—which is permissible—and indoctrination, which is not.”
Despite the clear text, Article 28 has been at the heart of ongoing debates.
Some controversies have arisen around daily rituals in government schools—such as the singing of specific hymns, or inclusion of prayers that reference deities. Courts have generally ruled that such activities cannot be imposed, especially where they narrowly reflect one faith, but have nuanced their views where these rituals are seen as cultural rather than strictly religious.
In recent years, initiatives to include yoga, meditation, or “value education” in schools have sparked discussion. Proponents argue these are secular activities rooted in Indian tradition, while critics point to their religious origins. Courts have typically permitted such practices where participation is voluntary and content is non-denominational.
Religiously affiliated schools, which operate under the protection of Article 30 (rights of minorities to establish and administer educational institutions), are not bound by Article 28(1) provided they are established in accordance with trusts that specify such instruction. This legal balance ensures both secular public schooling and space for faith-based education.
Globally, the approach to religious instruction in schools varies:
India’s approach is thus nuanced, balancing the right to secular education with respect for diversity and parental choice.
In practice, Article 28 remains a living document, shaping how educational institutions approach identity and inclusion. Educational ministries periodically issue guidelines to clarify boundaries between cultural activities and religious teaching. Civil society debates, judicial interventions, and evolving pedagogical priorities ensure the issue remains dynamic.
Article 28 of the Indian Constitution is more than a legal clause—it is a template for pluralism in education. By protecting students from mandatory religious instruction and privileging consent and choice, it affirms the values of secularism and human dignity. As Indian society continues to evolve, maintaining this balance will be crucial for both harmony and educational excellence.
What is Article 28 of the Indian Constitution in simple terms?
Article 28 assures that no religious instruction can be provided in schools fully funded by the government, protecting students’ freedom of conscience in public education.
Is any form of religious study allowed in government schools under Article 28?
Teaching about different religions from an informational perspective is typically allowed, but doctrinal or compulsory religious instruction is prohibited.
Can students be forced to attend religious events in aided schools?
No, schools must obtain consent from the student or guardian before involving them in any religious activity, even if the school is recognized or receives state aid.
Are minority-run schools exempt from Article 28?
Yes, if a school is established under a religious trust or minority rights, it can provide religious instruction according to its founding terms, even when administered by the state.
Does Article 28 affect yoga or moral education in schools?
Generally, secular activities like yoga or value education are permitted if participation is voluntary and not tied to specific religious instruction.
How does Article 28 compare to policies in other countries?
India’s model balances the right to secular education with cultural diversity and respects both individual freedom and parental choice, differing from the stricter or more prescriptive approaches seen in some Western countries.
Charitable organizations serve as pillars of welfare and social growth, addressing gaps in healthcare, education,…
Few legal protections are as deeply rooted in the fabric of criminal justice as the…
The Indian Constitution stands out among the world’s great charters for its dedication to fundamental…
The Indian Penal Code (IPC) stands as the foundation of criminal law in India, meticulously…
In India’s legal landscape, the principle of joint liability forms the spine of prosecuting offenses…
In India's parliamentary system, fiscal policy is both a political linchpin and a constitutional balancing…