Supreme Court ने धार्मिक स्कूलों के मुद्दे को Ministry of Education को सौंप दिया — Articles 26, 19(1)(g) & 30(1)

<h2>Key Developments</h2> <h3>Overview</h3> <p>On <strong>May 11, 2026</strong>, a bench of the <span class="key-term" data-definition="Supreme Court of India — India's apex judicial body; its judgments shape constitutional interpretation (GS2: Polity)">Supreme Court</span> headed by <strong>Justice Dipankar Datta</strong> refrained from issuing a directive on whether schools that teach <span class="key-term" data-definition="Religious instruction — Teaching that promotes a particular religion; its inclusion in school curricula raises questions of secularism and minority rights (GS2: Polity)">religious instruction</span> should be classified as charitable/religious establishments under <span class="key-term" data-definition="Article 26(a) — Constitutional provision granting religious denominations the right to establish and maintain institutions for religious and charitable purposes (GS2: Polity)">Article 26(a)</span> or as secular/professional institutions under <span class="key-term" data-definition="Article 19(1)(g) — Guarantees the right to practice any profession, or to carry on any occupation, trade or business (GS2: Polity)">Article 19(1)(g)</span> and <span class="key-term" data-definition="Article 30(1) — Allows minorities to establish and administer educational institutions of their choice (GS2: Polity)">Article 30(1)</span>. The court held that the matter falls within the purview of the <span class="key-term" data-definition="Ministry of Education — Central government ministry responsible for policy, planning and implementation of education (GS2: Polity)">Ministry of Education</span>, and therefore it will not intervene at this stage.</p> <h3>Key Developments</h3> <ul> <li>The petition, filed by advocate <strong>Ashwini Kumar Upadhyay</strong>, seeks a declaration that institutions imparting religious instruction are covered only by <span class="key-term" data-definition="Article 26(a)">Article 26(a)</span>, not by <span class="key-term" data-definition="Article 19(1)(g)">Article 19(1)(g)</span> or <span class="key-term" data-definition="Article 30(1)">Article 30(1)</span>.</li> <li>The petitioner argues that such schools should be treated as <span class="key-term" data-definition="Charitable establishments — Institutions set up for charitable purposes, subject to regulation under public order, health and morality (GS2: Polity)">charitable establishments</span>, making them liable to restrictions of public order, health and morality.</li> <li>It calls for a statutory mechanism to <em>register, recognise, supervise and monitor</em> institutions teaching children up to 14 years, citing concerns of national security and child trafficking.</li> </ul> <h3>Important Facts</h3> <p>The petition distinguishes three constitutional provisions:</p> <ol> <li><strong>Article 26(a)</strong>: Allows a religious denomination to establish and maintain institutions for religious and charitable purposes.</li> <li><strong>Article 19(1)(g)</strong>: Guarant