Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. (2) Nothing in clause (1) shall apply to an educational institution that is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (3) No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

Background

Article 22, Draft Constitution, 1948 (1) No religious instruction shall be provided by the State in any educational institution wholly maintained out of State funds: Provided that nothing in this clause shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (2) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person, or if such person is a minor, his guardian has given his consent thereto. (3) Nothing in this article shall prevent any community or denomination from providing religious instruction for pupils of that community or denomination in an educational institution outside its working hours. Draft Article 22 (Article 28) was debated on 7th December 1948. It aimed to regulate and place restrictions on religious instruction in educational institutions funded by the State. The Chairman of the Drafting Committee pointed out the text of the Draft Article as it stood allowed non-state institutions funded by the State to provide religious instruction. He moved an amendment to remove ‘by the State’ from clause (1). This was accepted by the Assembly. One member proposed that clause (3) be deleted as it was inconsistent with clause 1 and would further facilitate sectarianism. This amendment was also accepted. The amended Draft Article was adopted on 7th December 1948.