Under part III, Article 28 of Indian Constitution is a fundamental provision that protects religious freedom within educational institutions . It ensures that secularism remains a guiding principle in state-funded education. Article 28 of the Indian Constitution addresses the freedom of individuals in relation to religious instruction and worship in educational institutions. It ensures that no religious instruction is provided in state-funded educational institutions and protects the right of individuals to not participate in religious instruction or worship in state-recognized or state-aided institutions unless they or their guardians consent.

This article stands as a safeguard against forced religious teachings and worship in public institutions, thereby protecting individual choice . It also carefully balances the religious rights of minority institutions established through trusts or endowments . Understanding Article 28, alongside Article 25 to 28 of Indian Constitution, is essential for appreciating India's commitment to religious freedom and secular governance in the education sector . Explore in-depth analysis of other Constitutional Articles.

Article 28 of Indian Constitution

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Under the Indian Constitution Article 28 explanation is simple yet crucial. Here's a more detailed breakdown :

No Religious Instruction in State-Funded Institutions :
Article 28(1) strictly prohibits religious instruction in any school or college fully funded by the government . This ensures that education funded by taxpayers' money remains secular and inclusive for all .

Exception for Endowment-Based Institutions :
Article 28(2) provides an exception for institutions that though administered by the state were established under a specific trust or endowment that mandates religious education . In such cases religious instruction is allowed.

Freedom from Compelled Participation:
Article 28(3) ensures that no student in a state-recognized or state-aided institution is forced to attend religious instruction or worship without their own or their guardian’s consent.

Purpose of the Article:
The purpose behind Article 28 of Constitution of India is clear — to protect individual freedom of religion, uphold secular values in education, and ensure that no one is compelled to follow religious practices they do not choose.

Thus, what does Article 28 of Indian Constitution say? It protects religious freedom while securing secular education spaces, balancing inclusivity with personal choice.

Article 28 of Indian Constitution: Landmark Cases

These judgments have clarified the scope, application and significance of Article 28 of Constitution of India in the legal structure of India . Some of the most important and influential cases include :

• D.A.V. College v. State of Punjab (1971) : The Supreme Court ruled that religious instructions cannot be forced in educational institutions wholly maintained by the state, reinforcing Article 28.
• Aruna Roy v. Union of India (2002) : The Court clarified that moral education without religious bias does not violate Article 28 of the Indian Constitution.
• Bijoe Emmanuel v. State of Kerala (1986) : The Court upheld students' right not to participate in religious activities against their will, strengthening the understanding of religious freedom under Article 28 of Constitution of India.
• S.R. Bommai v. Union of India (1994) : Though mainly about secularism, this case highlighted that India's constitutional secularism, including principles in Article 25 to 28 of Indian Constitution, is part of the basic structure.

Article 28 of Indian Constitution is significant because it enforces the secular character of the nation especially in educational institutions funded by the state . It ensures that public education spaces remain neutral, providing equal treatment to all students irrespective of their religion.

It prevents the misuse of state funds for promoting any particular religion and ensures that participation in religious instruction is a matter of choice, not compulsion. Article 28 2 of Indian Constitution sensibly allows institutions created by religious trusts to continue religious teachings while keeping state-maintained institutions neutral .

Moreover Article 28 3 of Indian Constitution empowers individuals by protecting them from compulsory religious involvement promoting freedom of conscience . By balancing religious rights and secularism, Article 28 strengthens India's commitment to both personal freedom and inclusive governance .

In a country as diverse as India such constitutional safeguards are crucial for maintaining unity and fostering respect among different communities.

Article 28 of Indian Constitution : Developments and Amendments

Since its adoption Article 28 of Indian Constitution has not been amended reflecting the clarity and strength of its original purpose . However its interpretation has evolved through important judgments and debates .

For example, the Supreme Court in Aruna Roy differentiated between religious instruction and moral education, allowing non-religious ethical teachings in schools. Such interpretations have helped update Article 28 to suit modern educational needs without diluting its core principle of secularism.

Contemporary discussions have also explored practices like yoga in schools. Courts have maintained that cultural practices, if secular in presentation, do not violate Art 28 .

Furthermore, combining the understanding of Article 25 to 28 of Indian Constitution it becomes clear that the framers intended a balanced approach — one that protects religious freedom but prevents religious dominance in public institutions.

Thus, explain Article 28 of the Indian Constitution today, and it stands as a dynamic guardian of secularism, educational freedom, and personal choice, interpreted consistently with India's evolving democratic fabric.

Conclusion

In conclusion, Article 28 of Indian Constitution is a powerful safeguard that keeps India's educational institutions secular and protects individual religious freedom.

It prevents religious instruction in government-funded schools and colleges under Article 28 1 of Indian Constitution, while providing flexibility through Article 28 2 of Indian Constitution for religious trusts. Importantly, Article 28 3 of Indian Constitution ensures no one can be forced into religious participation without their consent.

What does Article 28 of Indian Constitution say? It speaks of respect for diversity, protection of individual rights, and the importance of keeping public education neutral and free from religious bias. While Article 28 has remained unchanged in text, its judicial interpretations have strengthened its core aim — maintaining secularism while respecting the right to religious freedom.

Thus, Article 28 of the Indian Constitution not only embodies secularism but also reflects India’s commitment to fairness, equality, and respect for all faiths within its education system.