Key Developments
Overview
On May 11, 2026, a bench of the Supreme Court headed by Justice Dipankar Datta refrained from issuing a directive on whether schools that teach religious instruction should be classified as charitable/religious establishments under Article 26(a) or as secular/professional institutions under Article 19(1)(g) and Article 30(1). The court held that the matter falls within the purview of the Ministry of Education, and therefore it will not intervene at this stage.
Key Developments
- The petition, filed by advocate Ashwini Kumar Upadhyay, seeks a declaration that institutions imparting religious instruction are covered only by Article 26(a), not by Article 19(1)(g) or Article 30(1).
- The petitioner argues that such schools should be treated as charitable establishments, making them liable to restrictions of public order, health and morality.
- It calls for a statutory mechanism to register, recognise, supervise and monitor institutions teaching children up to 14 years, citing concerns of national security and child trafficking.
Important Facts
The petition distinguishes three constitutional provisions:
- Article 26(a): Allows a religious denomination to establish and maintain institutions for religious and charitable purposes.
- Article 19(1)(g): Guarant