Q. Consider the following statements:
1.Article 28(3) of the Indian Constitution ensures that students in minority institutions funded by the State should not be forced into religious instruction.
2.Religious instruction in India is recognized under Article 23 of the Constitution.
3.The state government cannot regulate the institutions run by religious or linguistic minorities.
Which of the statement(s) given above is/are correct?

[A] 1 only

[B] 2 only

[C] 1 and 2 only

[D] 2 and 3 only

Answer: A
Notes:

Explanations –

Statement 1 is correct. Article 28(3) states that no person attending an educational institution that receives aid from the State should be required to take part in any religious instruction or worship. This provision aims to maintain secular education in publicly funded institutions, including those operated by religious minorities.

Statements 2 and 3 are incorrect. Article 23 of the Indian Constitution deals with the prohibition of traffic in human beings and forced labour. Religious instruction is addressed under Articles 25-28, which pertain to the right to freedom of religion. The Supreme Court has clarified that while minority institutions have certain rights under Article 30, the state can regulate them to ensure educational standards and student welfare. The state can intervene in areas like staff appointments, academic standards, and qualifications for admission, especially if these institutions receive government aid.

Source: The Hindu

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