Home The Constitution Part III Article 28

Art. 28 Part III: Fundamental Rights

Freedom From Religious Instruction in Certain Educational Institutions

Exact text — Constitution of India

(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.

In Plain English

What this Article actually means

This Article keeps education funded wholly by the State free of religious instruction (clause 1), with a specific carve-out for State-administered institutions that were originally set up under a trust/endowment requiring religious teaching (clause 2). For any institution that's merely State-recognised or aided (but not wholly State-funded), clause (3) protects individual choice — no student can be forced to attend religious instruction or worship without their (or, if a minor, their guardian's) consent.

Why This Matters To You

How it shows up in everyday life

This is why a fully government-funded school can't include religious teaching in its curriculum, but a government-recognised or aided religious school CAN offer it, as long as no student is compelled to participate without consent — protecting both institutional religious character and individual religious freedom, depending on the type of institution involved.

Read alongside this one

Art. 25 — Freedom of Conscience and Religion Art. 30 — Right of Minorities to Establish Educational Institutions

Frequently Asked

Quick answers about Article 28

Can a government-aided (but not wholly funded) religious school teach religion?

Yes, but no student can be compelled to take part in that instruction or worship without their (or their guardian's) consent, per clause (3).

Does this apply to private, unaided religious schools?

Not directly — Article 28 specifically addresses institutions that are wholly State-funded, State-administered, or State-recognised/aided; a fully private, unaided institution has more autonomy over its religious content, subject to Article 30's minority-institution protections where applicable.

← PreviousArticle 27: Freedom From Taxation for Promotion of a Religion Next →Article 29: Protection of Interests of Minorities

The text above reproduces Article 28 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.