Article 28 of Indian Constitution Part1

Summary

The 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

00:00

📜 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.

05:02

🧑‍🏫 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.

Keywords

💡Article 28

Article 28 of the Indian Constitution pertains to the regulation of religious instruction in educational institutions. It plays a central role in maintaining the secular fabric of the state by ensuring that certain educational institutions do not impart religious teachings unless specific conditions are met. In the script, the discussion highlights the article’s application in different educational settings and the restrictions imposed on state-aided institutions.

💡Secularism

Secularism refers to the principle of separating religion from the affairs of the state, ensuring that governance and laws are free from religious influence. In the video, this concept is emphasized as foundational to Articles 27 and 28, which protect individual liberties and prevent public funds from being used for religious purposes or instruction, thus preserving the secular ethos of the Indian state.

💡Religious instruction

Religious instruction involves teaching specific religious doctrines or practices, often with the aim of imparting faith-based knowledge. Under Article 28, religious instruction is prohibited in institutions wholly funded by the state, though exceptions exist for trust-administered institutions. The script discusses how Article 28 regulates religious instruction and distinguishes it from the academic study of religions.

💡State-aided institutions

State-aided institutions are educational institutions that receive funding or aid from the government. Article 28 imposes specific rules regarding religious instruction in such institutions, allowing it only under certain conditions, such as with consent or if the institution was founded under a religious trust. The script details how these institutions are categorized and regulated concerning religious teachings.

💡Consent

Consent, in the context of Article 28, refers to the requirement that individuals or their guardians must explicitly agree to participate in religious instruction or worship in state-recognized or state-aided institutions. This ensures that participation in religious activities is voluntary, particularly in institutions where religious instruction is permitted. The video emphasizes this aspect as a safeguard of personal freedom.

💡Trust or endowment

A trust or endowment is an organization or fund established for specific purposes, often including religious or educational objectives. Article 28 allows institutions founded by such trusts to impart religious instruction, even if they receive state aid. The script discusses how this provision creates an exception to the general prohibition on religious instruction in state-funded institutions.

💡Gurunanak University Act

The Gurunanak University Act of 1969 established rules for the study and research of Guru Nanak's teachings. In the script, this Act is mentioned in a Supreme Court case that challenged its validity under Article 28. The Court upheld the Act, clarifying that the study of Guru Nanak’s life for academic purposes does not equate to religious instruction, thus distinguishing academic study from indoctrination.

💡Indoctrination

Indoctrination refers to the process of teaching someone to accept a set of beliefs uncritically, often linked to religious or ideological teachings. In the context of Article 28, indoctrination is prohibited in state-funded institutions, as the Constitution seeks to avoid imposing religious beliefs on students. The script contrasts indoctrination with the academic study of religions, which is allowed.

💡Supreme Court rulings

The Supreme Court rulings referenced in the script provide judicial interpretation of Article 28. For example, the case of Mrs. Aruna Roy vs. Union of India clarified that Article 28 does not ban the study of religions but only prohibits religious instruction intended for indoctrination. Such rulings help define the boundaries of secularism and religious education in the Indian Constitution.

💡Fundamental rights

Fundamental rights are basic human rights guaranteed by the Indian Constitution. Articles 25 to 28 provide for the freedom of religion, and Article 28 specifically addresses the right to be free from compulsory religious instruction in certain institutions. The script emphasizes that these rights are subject to limitations, especially in the context of maintaining secularism and protecting individual liberties in education.

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