Secularism In Education: A Critical Analysis Of Article 28 Of The Indian Constitution
- IJLLR Journal
- 4 hours ago
- 2 min read
Ojasvi Vijay, Symbiosis Law School Nagpur
ABSTRACT
Article 281 of the Indian Constitution prohibits religious instruction in State- funded educational institutions in order to uphold secularism and safeguard individual freedom of conscience. The changing socio-cultural dynamics and growing diversity within educational environments, however, call for a reconsideration of its existing purview. The shortcomings of Article 28 in response to the new challenges of today, including the National Education Policy (NEP) 2020's2 emphasis on "Indian knowledge systems covert religious influences, the emergence of private-public partnership in education, and the importance of value-oriented education, are critically examined in this paper. Adopting an interdisciplinary methodology through constitutional law, education policy, and human rights analyses, this study contends for a widening or re-reading of Article 28 to enable inclusive, egalitarian, and secular learning environments. The study emphasizes the need for legal clarity, policy reforms, and institutional autonomy in achieving religious neutrality with cultural sensitivity in Indian educational institutions. including the Supreme Court's split verdict on the Karnataka hijab ban (2022), the Chhattisgarh High Court's ruling on Gayatri Mantra recitation (2026).
Article 28 of the Indian Constitution is instrumental in upholding the secular nature of the country's educational system through exclusion of religious teaching in schools fully funded by the State. Yet, with the changing socio- cultural dynamics and the growing pluralism in Indian society, there is a strong need to revisit and possibly enlarge the ambit of Article 28. This paper critically analyses the limitations of the existing provisions of Article 28 and makes a case for a balanced enlargement that addresses the issues of contemporary education, such as religious sensitivity, cultural inclusion, and moral education.
The study examines how the strict application of Article 28 can potentially stifle productive discussion on religious diversity and moral values, hence creating a gap in comprehensive student development. The study uses a qualitative approach to examine constitutional provisions, judicial precedents, and case studies across different Indian institutions of learning. Comparative observations across other secular democracies are also provided to frame the discussion.
The article seeks to introduce an amendment to Article 28 to enable value- based education on the lines of comparative religious studies, ethical thinking, and cultural competence without crossing the boundaries of secularism. The amendment would seek to introduce this with the intention not to enhance any faith but to develop mutual respect, tolerance, and national integration. It offers policy guidelines for curriculum framing and teacher education to keep the content in conformity with constitutional values.
Finally, the paper argues that broadening Article 28 to make space for structured, neutral, and inclusive deliberation over religion and ethics in institutions of education is not just required but essential in fostering socially conscious and responsible citizens who are culturally sensitive. The study advocates for a pragmatic approach to balancing protection of secularism and adopting the diversity that characterizes India's social and educational setting.
Keywords: Article 28 Indian Constitution, Secularism in Education, Religious Freedom in Schools, NEP 2020, Constitutional Safeguards in Education
