Article 28 of Indian Constitution Part1
Summary
TLDRThe video provides an in-depth analysis of Article 28 of the Indian Constitution, focusing on its role in regulating religious instruction in state-funded educational institutions. It discusses how the article ensures the secular ethos of the nation by prohibiting religious teaching in fully state-maintained institutions while allowing certain exceptions. The video also highlights key legal precedents, including cases like DAV College v. State of Punjab and Mrs. Aruna Roy v. Union of India, to clarify the boundaries between religious instruction and the study of religious philosophies. The next topic to be covered is the essential religious practices test under Article 28.
Takeaways
- 📜 Article 28 of the Indian Constitution deals with the freedom regarding religious instruction or worship in certain educational institutions.
- 🛡️ Article 28 builds on Articles 25, 26, and 27, reinforcing the secular nature of the Indian Constitution and protecting individual liberties.
- ⛔ Clause 1 of Article 28 prohibits religious instruction in institutions fully funded by the state, upholding the principle of secularism.
- 🔄 Clause 2 provides an exception, allowing religious instruction in institutions established under trusts or endowments, despite being state-administered.
- 🙅♂️ Clause 3 ensures that no individual in state-recognized or state-aided institutions can be forced to attend religious instruction or worship without consent.
- 🏫 The article categorizes educational institutions into fully public (no religious instruction), trust-administered (religious education allowed), and state-aided (with consent).
- ⚖️ The Supreme Court in the DAV College case clarified that religious education related to academic study does not violate Article 28.
- 🧑⚖️ The Aruna Roy case further defined the scope of Article 28, stating it only prohibits religious indoctrination, not the study of religious philosophies or cultures.
- 📚 Article 28 aligns with India's secular ethos, ensuring that state-run educational institutions do not promote specific religions.
- 🧩 This provision is regulatory, providing a framework for balancing religious freedoms and educational neutrality, but its scope is not absolute.
Q & A
What is the main focus of Article 28 of the Indian Constitution?
-Article 28 focuses on the 'Freedom as to attendance at religious instruction or religious worship in certain educational institutions.' It outlines the restrictions on religious instruction in educational institutions, particularly those maintained by the state or receiving state aid.
How does Article 28 ensure the secular nature of educational institutions funded by the state?
-Article 28 ensures secularism by prohibiting religious instruction in educational institutions that are fully funded by the state. This prevents any form of religious indoctrination in state-maintained schools.
What are the three main categories of educational institutions mentioned under Article 28?
-The three categories are: 1) Institutions fully maintained by state funds where religious instruction is prohibited, 2) Institutions administered by the state but established under a trust or endowment where religious instruction is allowed, and 3) Institutions that receive state aid, where religious instruction may be provided with the consent of the individuals or guardians.
Does Article 28 allow religious instruction in institutions established under a trust or endowment?
-Yes, Article 28 Clause 2 provides an exception for institutions maintained by the state but established under a trust or endowment, where religious instruction is allowed as per the terms of the trust.
What protections does Article 28 Clause 3 provide for students attending state-aided institutions?
-Article 28 Clause 3 protects students by ensuring that no person attending a state-aided institution can be compelled to participate in religious instruction or worship without their explicit consent or, in the case of minors, the consent of their guardian.
How does Article 28 relate to Article 30 of the Indian Constitution?
-Article 28 Clause 3 supplements Article 30(1), which grants minorities the right to establish and administer educational institutions. It clarifies that while religious instruction is restricted in state-aided institutions, it may be allowed in minority-run institutions with proper consent.
What was the key legal ruling in the case of DAV College Batina versus State of Punjab regarding Article 28?
-In the DAV College Batina case, the Supreme Court upheld the constitutional validity of the Guru Nanak University Act, ruling that studying Guru Nanak's teachings for academic purposes did not violate Article 28, as it did not amount to religious indoctrination or the promotion of a specific religion.
How did the Supreme Court clarify the scope of Article 28 in the case of Mrs. Aruna Roy versus Union of India?
-The Supreme Court clarified in the Aruna Roy case that Article 28 does not prohibit the study of religions but aims to prevent religious indoctrination. The article allows for academic studies of religion, philosophy, and culture, distinguishing it from religious instruction.
What is the distinction between religious instruction and the academic study of religion according to Article 28?
-Religious instruction refers to teaching that promotes a specific religion, while the academic study of religion involves the examination of religious texts, history, and philosophies without promoting religious beliefs. Article 28 prohibits the former in state-funded institutions but allows the latter for educational purposes.
What is the significance of Article 28 in preserving the secular fabric of the Indian Constitution?
-Article 28 is significant because it ensures that state-funded or aided educational institutions remain secular, free from religious indoctrination, and promote individual freedom by allowing students to choose whether or not to participate in religious activities.
Outlines
📜 Understanding Article 28 and Its Relation to Secularism
This paragraph introduces Article 28 of the Indian Constitution, building on previous discussions about Articles 25, 26, and 27, all of which safeguard individual liberties and ensure India's secular fabric. It emphasizes how Article 27 prohibits the use of tax revenue to promote any specific religion, reinforcing secular principles. The discussion then transitions to Article 28, which deals with freedom regarding religious instruction in certain educational institutions. The first clause of Article 28 prohibits religious instruction in institutions funded by the state. However, the second clause allows for religious instruction in state-run institutions that were established under specific religious trusts. The third clause ensures that no individual, especially minors, can be compelled to partake in religious instruction without consent. Overall, Article 28 maintains the secular nature of state-aided institutions while recognizing the autonomy of religiously affiliated institutions.
🧑🏫 Clause 3 of Article 28: Protection from Compulsion in Religious Instruction
This paragraph focuses on Clause 3 of Article 28, which prevents individuals from being forced to attend religious worship or instruction in state-aided institutions. It explains that no person can be compelled to engage in religious activities without explicit consent, especially minors. The paragraph also references significant legal precedents, such as the DAV College case, where the Supreme Court upheld the constitutional validity of the Guru Nanak University Act, confirming that academic studies based on religious teachings do not violate Article 28. Another important case, Aruna Roy vs. Union of India, clarified that while Article 28 prohibits religious indoctrination, it does not restrict the study of religions, philosophies, or cultural knowledge, thus maintaining the distinction between education and religious instruction. The paragraph concludes by stating that Article 28 plays a vital role in regulating religious instruction in educational settings, reflecting India's secular ethos.
Mindmap
Keywords
💡Article 28
💡Secularism
💡Religious instruction
💡State-aided institutions
💡Consent
💡Trust or endowment
💡Gurunanak University Act
💡Indoctrination
💡Supreme Court rulings
💡Fundamental rights
Highlights
Introduction to the analysis of Article 28, building upon previous discussions on Articles 25, 26, and 27.
Article 27 prohibits individuals from being compelled to pay taxes used for the promotion or maintenance of any specific religion.
The secular ethos of the Indian Constitution ensures that financial burdens through taxation are not directed toward supporting particular religious beliefs.
Article 28 provides freedom as to attendance at religious instruction or worship in certain educational institutions.
Clause 1 of Article 28 prohibits religious instruction in any institution maintained solely out of state funds, ensuring these institutions remain secular.
Clause 2 of Article 28 allows exceptions for institutions administered by the state but established under trusts or endowments requiring religious instruction.
Clause 3 of Article 28 safeguards individuals attending state-aided institutions from being compelled to partake in religious instruction or worship without consent.
Article 28 primarily applies to three types of institutions: fully public (state-funded), state-aided, and those maintained by trusts or endowments.
The distinction between institutions is crucial: public institutions prohibit religious instruction, while consent is required in state-aided institutions, and trust-based institutions have no restrictions.
The DAV College Bathinda v. State of Punjab (1971) case upheld the constitutional validity of the Guru Nanak University Act, confirming that academic study of religious teachings is not the same as religious indoctrination.
The Supreme Court clarified in the case of Mrs. Aruna Roy v. Union of India (2002) that Article 28 does not prohibit the study of religion, only religious indoctrination.
Article 28 distinguishes between academic study and religious instruction, prohibiting indoctrination but allowing the exploration of religion, philosophy, and culture.
The role of Article 28 is to regulate religious instruction in educational institutions, aligning with the secular values of the Indian Constitution.
Rights guaranteed under Article 28 are fundamental but not absolute, as they are subject to reasonable limitations.
Next, the focus will shift to the essential religious practices test as part of the ongoing analysis under Article 28.
Transcripts
greetings dear Learners continuing our
analysis on different provisions of
Indian constitution we examine today the
intricacies of Article 28 building upon
our previous discussions of article 25
26 and 27 these constitutional
Provisions stand as bul Works
safeguarding individual liberties and
ensuring secular fabric of our nation we
had seen that under Article 2 7 of
Indian constitution it is aptly titled
as Freedom as to payment of taxes for
promotion of any particular religion the
Crux of this article asserts that no
individual shall be compelled to pay
taxes the proceeds of which are year
marked for the promotion of or
maintenance of any specific religion or
religious denomination it emanates from
the fundamental principle of secularism
assuring that the financial burdens
Bound By The Citizen through taxation
are not directed towards the propagation
or sustenance of particular religious
beliefs now we will move on to Article
28 it reads as Freedom as to attendance
at religious instruction or religious
worship in certain educational
institution this article articulates
three distinctive provision the first
Clause unequivocally prohibits religious
instruction in any education institution
only maintained out of state funds it
underscores the secular ethos by
ensuring that institutions primarily
funded by the state remain free from
religious indoctrination the second
Clause provides a nuanced exception it
stipulates that the prohibition in the
first Clause does not apply to
educational institutions administered by
the state but established under ements
or trust requiring the imparting of
religious instruction this recognizes
and respects the autonomy of certain
institutions founded on specific
religious principles the third Clause
safeguards the personal freedom of
individuals attending state recogn ized
educational institutions or those
receiving state aid it asserts that no
person shall be compell to partake in
religious instruction or attend
religious worship unless their Garden in
any case of minor provides explicit
consent Article 28 is categorically
related to the provisions of restraining
religious instructions in the in
institutions that are aided by the state
the three categories that fall under the
above mentioned State aided institutions
are those that are entirely maintained
by the state those that receive aid from
the state and those that are established
under any trust or endowment and are
administered by the state the
applicability of this article is
confined to State aided institutions it
does not apply to other institutions
that have no connection with the state
the article provides for a distinction
among the three types of educational
institutions completely public that is
where religious education is completely
prohibited institutions where the state
acts as a trustee in which case
imparting religious education is allowed
and institutions aided by the state
where consent ual imparting of religious
education is permitted so let's again
understand Article 28 and its
Clauses Clause one of Article 28
provides that no religious instruction
is to be imparted by any institution
that is fully maintained by out of state
funds however close two of this article
states that this provision does not
apply to educational institutions which
are maintained from State funds but they
have been established under any trust or
endowment which expressly or impliedly
requests that religious instruction
should be conveyed in such
institutions Article 28 Clause 3 states
that no person who is attending an
institution recognized by the state or
that is receiving aid from State funds
shall be requested to indulge in any
religious instruction that may be
imparted in any such institution also he
shall not be forced or persuaded to
attend any religious Workshop that may
be conducted in any such institution or
in a place attached to do or close to
such institution from a bare perusal of
clause three of Article 28 it is clear
that it supplements article 30 Clause 1
that states rights of my minorities to
establish and administer educational
institutions it is important to
understand that for the institutions
that fall under the first category no
religious instructions shall be imparted
in the second and the third categories
of Institutions religious instruction
may be imparted with the consent of a
person or Garden in the case of a minor
in the last category no such restriction
exists for religious instructions in the
case of DAV college batina versus state
of Punjab air 1971 SC
1731 the Supreme Court decided on the
Constitutional validity of gurunanak
University ACT 1969 by which the state
was directed to make rules for the study
and research of gurun nanak's life and
his teachings this provision enumerated
in section four of gurunanak University
ACT
1969 was challenged based on the
contention that the provision is
violative of Article 28 however the
court decided against the petitioner and
held that the Act was constitutionally
valid it further stated that University
is trying to impart academic study
through the teachings of gurunanak and
this does not amount to religious
instructions or the promotion of
religion the Apex Court also clarified
that it intends to not extend the scope
of Article 28 to the concept of secular
cultural or philosophical studies or
activities in a notable legal precedent
the case of Mrs Aruna Roy and others
versus Union of India and others 2002 7
SEC 368 clarified the essence of Article
28 the Supreme Court clarified that the
article does not prohibit the study of
religions but explicitly aims at
curtailing religious instructions the
fundamental distinction lies in the
prohibition of indoctrination rather
than the pursuit of knowledge about
religions philosophies and cultures in
Ence Article 28 of the Constitution
delineates constraints on imparting
religious instruction in certain
educational institutions categorically
addressing three distinct types as
expounded in this discussion the
principal role of Article 28 is to act
as a regulatory provision curbing
imposition of religious instruction and
worship in educational settings the
inclusion of such restrictions holds
significant weight aligning with secular
eth La imported in Constitution
nonetheless it is crucial to acknowledge
that these guaranteed rights classified
as fundamental are not without
limitations or absolute in their scope
in the next video we will deal with the
essential religious practices test that
is implicit under Article 28 thank you
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