Article 28 of Indian Constitution, Interpretation, Importance & Landmark Cases

Article 28 comes under Part III of the Constitution of India. It is part of a fundamental right that provides protection related to religion in educational institutions. Article 28 makes sure that secularism is always a guiding principle in state-funded education. It addresses the freedom of individuals in context with religious instruction in educational institutes. It makes sure that no religion is promoted in state-funded educational organisations and individual rights are protected in state-recognised or state-aided institutions. In this article, we are going to cover Article 28, its interpretation and significance. 

Article 28 of the Constitution of India

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.

Article 28 of Indian Constitution Interpretation 

Article 28 of the Constitution of India can be interpreted in the following manner: 

• No Religious Instruction in State-Funded Institutions :
  • Article 28(1) does not allow religious instructions in any school or college completely funded by the government. This keeps in check that taxpayers money remains secular and inclusive for everybody. 
• Exception for Endowment-Based Institutions : 
  • Article 28(2) allows certain religious instructions in exceptional cases that are administered by the state and established under a specific trust or endowment that allows religious education. 
• Freedom from Compelled Participation:
  • Article 28(3) makes sure that no student is pushed to attend any religious instruction or worship in a state-recognised or state-aided institution. 

Also Check: Article 88 of Indian Constitution

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Article 28 of the Indian Constitution Landmark Cases 

Article 28 of the Constitution of India has been a part of many landmark cases and judgements: 

• D.A.V. College v. State of Punjab (1971):
  The Supreme Court said that religious instruction cannot be forced in institutions wholly maintained by the State, firmly upholding the spirit of Article 28(1).

• Aruna Roy v. Union of India (2002):
  The Court said that  the teaching of moral values without religious bias does not violate Article 28, thus differentiating secular moral education from religious instruction.

• Bijoe Emmanuel v. State of Kerala (1986):
  This case protected the rights of students who refused to sing the national anthem on religious grounds, reminding the idea that participation in religious activity cannot be forced—an extension of the freedom protected under Article 28(3).

• S.R. Bommai v. Union of India (1994):
  Though primarily addressing the idea of secularism, the Court said that Articles 25 to 28 form part of the Constitution’s basic structure and underscore the foundational importance of religious freedom and secular governance.

Article 28 of the Constitution Importance

Article 28 of the Constitution of the India is important due to the following reasons: 

• Protect Secular Education Spaces:
  It prohibits religious instruction in State-funded institutions, and makes sure that education remains inclusive and neutral.

• Prevents Misuse of Public Resources:
  It restricts the use of government funds for propagating any particular religion, thereby promoting equal treatment of all faiths within public institutions.

• Allowing Flexibility for Religious Trusts:
  Article 28(2) allows educational institutions established under specific religious endowments to continue providing religious education—striking a balance between institutional autonomy and constitutional secularism.

Protecting Individual Choice:
Through Article 28(3), individuals, especially students, are protected from being compelled to participate in religious instruction or worship, ensuring the freedom of conscience.