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Supreme Court leaves government to decide if schools teaching religion are charitable or religious bodies
The Supreme Court on May 11, 2026 deferred a ruling and said the government should assess whether schools imparting religious instruction fall under charitable or religious establishments, rather than being treated as secular or professional institutions. The bench noted the issue lies with the Ministry of Education and did not intervene at this time.
Why It Matters
The decision potentially shifts regulatory responsibility to the government and could influence how religious-instruction schools are classified under constitutional provisions, with implications for minority educational rights and governance of such institutions.
Timeline
1 Event
SC says government should decide if religious-instruction schools fall under Article 26(a) or other constitutional provisions
May 11, 2026
The Supreme Court of India, in a bench headed by Justice Dipankar Datta, stated that the issue of whether schools imparting religious instruction should be brought under the constitutional provisions dealing with charitable or religious establishments is within the domain of the Ministry of Education and that the court need not intervene for now. The petition by Ashwini Kumar Upadhyay sought a declaration that such institutions are covered under Article 26(a) (freedom of religion) and not by Articles 19(1)(g) or 30(1). Article 26(a) allows a religious denomination or section thereof to establish and maintain institutions for religious and charitable purposes. Article 19(1)(g) protects the right to practice a profession or occupation, and Article 30(1) grants minorities the right to establish educational institutions of their choice. The petition argued that “educational institutions of their choice” in Article 30(1) should be read as “secular/professional educational institutions of their choice” rather than religious ones. It also urged the government to establish a mechanism to register, recognise, supervise and monitor institutions imparting education to children up to age 14, citing concerns about national security, safety, and the potential for brainwashing or trafficking in unregistered institutions.