Supreme Court of India Leaves Decision on Religious Schools to Government
Government to decide whether schools teaching religion are charitable or religious bodies: Supreme Court
The Hindu
Image: The Hindu
The Supreme Court of India has deferred the decision on whether schools providing religious instruction should be classified as charitable or religious bodies to the Ministry of Education. The court emphasized that this matter does not require judicial intervention at this time, as it could impact the classification of educational institutions under constitutional provisions.
- 01The Supreme Court has left the classification of religious schools to the government.
- 02A petition argues that schools teaching religion should not be considered secular educational institutions.
- 03Article 26(a) of the Constitution grants rights to religious denominations to establish institutions for religious purposes.
- 04Concerns were raised about the regulation of unregistered institutions and the safety of children.
- 05The petition emphasizes the need for a mechanism to monitor educational institutions.
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On May 11, 2026, the Supreme Court of India ruled that the government should determine whether schools providing religious instruction should be classified as charitable or religious entities. The court, led by Justice Dipankar Datta, stated that this issue falls under the Ministry of Education's jurisdiction, and thus, judicial intervention is not necessary at this time. The petition, filed by advocate Ashwini Kumar Upadhyay, contends that institutions imparting religious education should be covered under Article 26(a) of the Constitution, which protects the rights of religious denominations to establish educational institutions for religious and charitable purposes. This classification would subject such schools to regulations concerning public order, health, and morality. The petition further argues that these schools should not fall under the rights granted to minority communities to establish educational institutions as defined in Article 30(1). Concerns about the potential for unregulated institutions to compromise children's safety and education quality were also raised, emphasizing the need for a regulatory mechanism to oversee educational institutions catering to children up to 14 years old.
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The decision could affect how religious schools operate and are regulated in India, impacting students and parents involved with such institutions.
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