PART III FUNDAMENTAL RIGHTS · Right to Freedom of Religion

Article 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.

Leading cases

T.M.A. Pai Foundation v. State of Karnataka (2002)An eleven judge Bench held that all citizens may establish and administer educational institutions under Articles 19(1)(g) and 26, minorities also under Article 30, with minority status judged State-wise; the Unni Krishnan scheme was held unconstitutional.

Questions on this article

3 questions in 10 of our papers cite Article 28. Try these from the free papers:

1. A school is administered by the State and is wholly maintained out of State funds. It was established under a trust whose deed requires that religious instruction be imparted in it. Under Article 28, which statement is correct?

Practise questions on Constitutional Law