Explain the Fundamental Right-Right to Freedom of Religion(Article-28).

Explain the Fundamental Right-Right to Freedom of Religion(Article-28).

Freedom from Attending Religious Instruction.

May 28, 2019.

The Fundamental Rights are enshrined in part III of the constitution from Article 12 to 35. In this regard, the framers of the constitution of the USA. Part III of the Constitution is rightly described as the Magna Carta of India. It contains a very long and comprehensive list of ‘ justiciable’ Fundamental Rights. In fact, the Fundamental Rights in our Constitution are more elaborate than those found in the constitution of any other country in the World, including the USA.

The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination. They uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation. The Fundamental Rights are meant for promoting the ideal of political democracy. They prevent the establishment of an authoritarian and despotic rule in the country and protect the liberties and freedoms of the people against the invasion by the state. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. In short, they aim at establishing ‘ a government of laws and not of men’.

Under Article 28, no religious instruction shall be provided in any educational institution wholly maintained out of state funds. However, this provision shall not apply to an educational institution administrated by the state but established under any endowment or trust, requiring imparting of religious instruction in such institution.

Further, no person attending any educational institution recognized by the state or receiving aid out of state funds shall be required to attend any religious instruction or worship in that institution without his consent. In case of a minor, the consent of his guardian is needed.

Thus, Article 28 distinguishes between four types of educational institution: (a) Institutions wholly maintained by the state. (b) Institutions administered by the state but established under any endowment or trust. (c) Institutions recognized by the state. (d) Institutions receiving aid from the state. In (a) religious instruction is completely prohibited while in (b), religious instruction is permitted. In (c) and (d), religious instruction is permitted on a voluntary basis.

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