(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.
Draft Article 22 (Article 28 of Constitution of India, 1950) was introduced and discussed on 7th December 1948. Whether institutions partly maintained out of state funds would be allowed to impart religious instruction was discussed. It was also clarified that ‘state funds’ instead of ‘state’ must be used in the Article as the former term would imply institutions other than the state to be allowed to provide religious instruction. The purpose of the article was to ensure that any institution, state or otherwise, cannot give religious instruction if the institution is maintained wholly of state funds. The distinction between ‘religious instruction’ and ‘research and study of religion’, was also discussed. The Assembly finally adopted the Article after a few amendments.