Constitutional text

(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 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. (3) 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.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

The 'school question' was deeply contested in colonial India. Christian missionary schools had long received government grants while simultaneously providing Christian religious instruction. Hindu reformist schools similarly combined education with religious content. The framers had to balance two competing concerns: protecting the character of minority educational institutions (which had constitutional backing under Articles 29 and 30) and preventing the state from using public schools to promote any religion. The solution was a three-tier structure. Fully state-funded schools: no religious instruction at all. State-administered schools established under a religious endowment: religious instruction permissible as required by the trust. State-recognised or aided schools (including minority institutions): religious instruction permissible, but never compulsory for any student.

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Last reviewed: 3 July 2026