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.