Religion and Educational Institutions
This chapter examines the Supreme Court's interpretation of Articles 28–30 of the Indian constitution. Article 28 prohibits religious instruction in state-run educational institutions in India. In Aruna Roy v. Union of India, the Court made a distinction between religious instruction and religious education or study of religion. It said the latter was permissible, and indeed desirable, while the former was banned. Though this decision was criticized, this chapter argues that the Aruna Roy judgment was not a sharp departure from the recommendations of many of the state-appointed education commissions of Independent India. The second half of the chapter examines the contestations over Article 30, which confers the right on religious, as well as linguistic, minorities to establish and administer educational institutions. This, of course, falls squarely in the domain of minority rights which is dealt with in some detail in the chapter on the uniform civil code.
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