Chapter-I The Problem and Its Perspective

Transcription

1 Chapter-I The Problem and Its Perspective 1.1 Introduction 1.2 Origin and Growth of Karnataka Legislature Karnataka Legislative Assembly Karnataka Legislative Council 1.3 Functions of the State Legislature 1.4 Education Related Acts Enacted by the Parliament of India 1.5 Education Related Acts Enacted by the Karnataka Legislature 1.6 Origin and Development of Karnataka Education Act Origin Constitution of Mallaradya Committee Constitution of Dr.A.C.Devegouda Committee Constitution of Sub-Committee Publication of Karnataka Education Bill in the Official Gazette Constitution of Joint Select Committee Presidential Assent to and Coming into force of Karnataka Education Act Importance of the Karnataka Education Act Time line Showing the Origin and Development of Karnataka Education Act Genesis of the Study 1.8 Title of the Study 1.9 Statement of Aim of the Study 1.10 Objectives of the Study General Objectives of the Study Specific Objectives of the Study 1.11 Research Questions of the Study 1.12 Operational Definitions of the Technical Terms Used 1.13 Need and Importance of the Study 1.14 Scope and Limitations of the Study 1.15 Next Chapter

2 Chapter-1 The Problem and Its Perspective 1.1 Introduction The history of education is as old as the history of social life of humanity. When man began his social life, he tried to set himself in a certain mode of behaviour in order to remain in the cohesive group of the society. He wanted the young ones too, of the society to follow these patterns. The informal education began here i.e., at home within their settlements. This is the story of beginning of education in every primitive society. The fact that education plays an important role in the society and that education and society are closely related is not a newly conceived idea. Education is the means by which each society protects its tradition, perpetuates changes in its culture and even expresses its willingness to accept changes. In modern societies where education is more concerned with changing knowledge rather than conserving it, where it is diffusing knowledge to wider circles from one society to another than with preserving the culture of a particular group, where science and technology are prominent goals, education and the economy become closely geared until education system occupies a strategic place as a central determinant of the economic, political, social and cultural character of the society. The political systems of modern societies play a major role in the education of a society. The political system exerts a direct influence on the education because in most cases, it is the Government, which gives the financial aid to education and more over: it is the Government, which provides regulatory legislation in respect to the educational policy. Before Government executes legislation, it is legislature, which makes laws. Thus Legislature is having a vital role in shaping all the fields of society including education. 2

3 The debates of Legislature play important role in giving shape to a Law. It is having greater significance to critically appraise the views of legislators on educational problems. The following sections of the Chapter provide the origin and growth of Karnataka Legislature including the problems and perspectives. 1.2 Origin and Growth of Karnataka Legislature The State Education Act has to be passed ultimately by the Government of Karnataka. The two important bodies, which are authorized as per the Indian Constitution, are two State bodies: Karnataka Legislative Assembly and Karnataka Legislative Council. The origin, growth, structure of these two bodies is important for better understanding of Legislative Processes Karnataka Legislative Assembly The erstwhile princely state of Mysore under the rule of enlightened Wodeyar's was a progressive state and was harbinger of democratic Governance. The association of people with the administration of the state in an elementary form was started in the eighties of the 19th century. In March 1881 his Highness the Maharaja Sri Chamarajendra Wadiyar assumed powers of the State. The Mysore Representative Assembly was inaugurated in the same year. The establishment of a deliberative Assembly proposed by the Chief Commissioner of Mysore Mr. J.D. Gordon in 1879 as one of the conditions for transfer of Mysore to the Maharaja was not favoured by the then Government of India. The Chief Commissioner had suggested the formation of deliberative Assembly composed of eminent retired officials, representative of various sections and interests of the people. The Government of India did not favour the constitution of an Assembly as it felt that a deliberative Assembly, with no specific legislative, financial or executive authority possessing only the power 3

4 of recording opinions which need not be accepted tended, to fall out of repute or develop into greater activity and influence than that might have been originally contemplated. The Viceroy while writing to the Secretary to the State observed that it might be premature to introduce in the beginning an institution that had not yet been tried in British India. However, the Maharaja issued an order for the constitution of the Assembly on 25th August The order stated that His Highness the Maharaja was desirous that the views and objects which his Government had in view in the measures adopted for the administration of the province should be better known and appreciated by the people for whose benefit they were intended and that he was of opinion that a beginning towards the attainment of this object might be made by an annual meeting of the representative landholders and merchants from all parts of the Province. This may be regarded as the Magnacarta of the people of Mysore. It declared for the first time in the whole of the India that it is the duty of Government to set itself right in the eyes of its people. It recognized that it is necessary for a Government to convince the public about the worthiness of its motives and the soundness of its policies. In other words, it is clear admission of the principle that a Government should submit itself to judgement and therefore to the guidance of its citizens. The Representative Assembly met for the first time on 7th October At the inception it was an Assembly of the representative landholders and merchants from all parts of the province and these were to be selected (1) By the Local Fund Boards from among themselves and others of the district the persons who were to represent them; (2) From each taluk one or two cultivating holders possessed of general information and influence among the people and (3) Three or four leading merchants for each district generally, the attendance at the meeting was voluntary. 4

5 In 1891, the principle of election was introduced. Persons paying certain revenue or mohatarfa, which differed, from Taluk to Taluk owners of alienated villages with certain beriz and graduates of Indian University were eligible for voting and for becoming members. The number for each taluk was fixed. The persons qualified under the rules were to meet annually in each taluk and elect from among themselves the number of members allotted to that taluk. The Municipalities and Associations were also allowed to depute representatives. The thinking was so progressive even then that voting right had been given to all those who attained the age of 18 and they could also become members of the Associations, were also to depute representatives. Everyone who had attained the age of 18 could be a voter or become a member. However, the age of a candidate was raised to 21 in 1924 and to 25 in In 1894, some more alterations were made. Only Municipalities with a population of 5,000 and more were permitted to send representatives. To enlarge the electorate, the qualification for voters was fixed at half the land revenue of what was fixed for candidates. Graduates without property qualifications were not allowed to become member. The term of taluk member was fixed at three years and for others one year. In 1918, the disparity in the property qualifications for franchise in different taluks was abolished and uniform rate was prescribed for all taluks. The rate was also reduced. The distinction between the qualification for voting and membership was abolished. In 1919 larger representation was given to Municipalities and the term of office of these members and others whose term was only one year was raised to three years. The Regulation of 1923 fixed the term of the Assembly as three years. In 1932, the seats in Taluks were readjusted on the basis of population. The system of proportional representation was introduced in 1932 for the election of members from the City Constituencies of Bangalore and Mysore. In 1935, the election of the members of the Assembly to the Legislative 5

6 Council was discontinued as it was considered unnecessary to make a person member of two Houses. The Representative Assembly which was constituted in 1881 by an Executive Order continued to function till 1923 when a Regulation was promulgated by the Maharaja under which the Assembly was given a statutory status. The members of the Assembly were not initially invested with any recognised powers and privileges. But they were not passive listeners of the Dewan's speech. They made observations and suggestions in public interest, which met with every consideration. They made useful contribution to the country by watching the working of the administration in all branches and brought to notice the defects and shortcomings. Members did not have any limitations as to the range of subjects to be discussed. Inquiries were made of all sorts of things from the tenure of the Dewan's Office and the Constitutions of the Council. The Assembly did not possess the power of voting. Members were representing that every proposed measure of Legislation should in the first instance be placed before the Assembly and its opinion taken thereon. The Government would not bind them though they were consulting on allimportant matters of Legislation. The main feature of the representative Assembly was representation to the Government by members. Members had been urging from the early nineties of the last Century that a Member of the Assembly should be nominated to the Maharaja's Council. It was only in 1940 the Government agreed for such participation. The Government of Mysore Act, 1940, provided for the Constitution of a Council of Ministers to which the Maharaja would appoint two elected members, one from the Assembly and another from the Legislative Council. 6

7 The Dewan, and in his absence the Members of the Executive Council used to preside at the meetings of both the Representative Assembly and the Legislative Council. In 1940, Legislative Council was enabled to elect its own President and Vice-President from among its members to preside at its meeting. But in the case of the Assembly this right was not conceded. The Dewan and in his absence the Members of the Executive Council continued to preside on the ground a Non-offidal president being merely an Officer of the House and having no connection with administration, would not be in the same advantageous position to deal with Representation as the Members of the Administration Karnataka Legislative Council The Legislative Council was established in 1907 with a view to associate with the Government a certain number of non-officials qualified by practical experience and knowledge of local conditions and requirements to assist Government in making Laws and Regulations. In addition to the Dewan, President and the Members of Council, who were ex-office members, the Council was to consist of not less than 10 and not more than 15 additional members to be nominated by the Government and of this number not less than two-fifths were required to be non-officials. The minimum and the maximum were increased gradually and in 1923, the strength of the Council was fixed at 50 and of these the number of non-official members was fixed at not less than 60 percent so as to ensure a decided non-official majority. Special interests like the Mysore University, Commerce and Trade, Planters and Labour were given representation. Seats for the Muslims, Christians and depressed classes were reserved and the Government nominated them if they were not elected. The strength of the Council was further increased in Though the Council was started to make Laws, other functions were assigned to it in course of time. No measure could be introduced without the previous sanction in writing of the Dewan and the leave of the House duly obtained. Certain subjects were excluded from the purview of the Council and only Government could frame Law on such subjects. When there was 7

8 urgency, Government themselves could enact Laws which would be in force for six months. Interpellations are allowed to put in the Council from 1914 onwards. In 1915, members were allowed to put supplementary questions. The Council was empowered in 1914 to discuss the budget and in 1923 it was given power to vote on the demands for grants. They could move cut motions. It is noteworthy to find that certain items of expenditure, which were non-votable in British India, were made votable items in the province. Resolutions were discussed in the Council from 1919 onwards. In 1923, it was enacted that the Council will not have power to amend the Representative Assembly Regulation and the Legislative Council Regulations. The term of the members of the Council was made three years in 1917 and four years in The 1940 Government of Mysore Act conferred certain privileges to the member. Freedom of speech in the Representative Assembly and the Legislative Council was conferred on the members. The provisions were similar to the provisions in the Government of India Act The inauguration of the Assembly was hailed throughout India as a very progressive and beneficial measure. One Nationalist Weekly, "The Mahratta", writing Eleven years after the establishment of the Assembly went so far as to say "The British Government might do well to take a lesson from the enlightened Maharaja of Mysore". The institution was, however regarded by some as premature; but, as observed by Sir K. Seshadri Iyer, "the continued interest which the members evinced in Public Affairs and the practical commonsense which characterised the discussions had served to refute the assumption that the institute was in advance of the times". 8

9 After Independence, the Maharaja of Mysore by a Proclamation dated 29th October 1947 set up a Constituent Assembly to frame the Constitution for Mysore State. When the Constituent Assembly met, majority of the members pleaded for governance of the State by the Constitution to be framed by the Constituent Assembly of India, though strong views were expressed by a few in favour of a separate Constitute for Mysore State. Ultimately the majority view prevailed and the Constituent Assembly passed a Resolution that the Constitution framed by the Constituent Assembly of India should be made applicable to Mysore State. The Maharaja issued a proclamation on 25th November 1949, consequently the Representative Assembly and the Legislative Council was dissolved on 16th December 1949; the Constituent Assembly, which has been constituted in 1947, became the provisional Assembly of Mysore until the Elections could be held under the Constitution. The first Assembly under the Constitution was constituted in 1952 and composed of 99 elected members and one nominated member. With the formation of Andhra State in 1953, parts of adjoining Bellary District from Madras State were added to Mysore State and the Strength of the Assembly increased by five members. The States were reorganised in 1956 on linguistic basis. As a result, New State of Mysore came into being on 1st November 1956 with four districts from the former Bombay State, three districts of Hyderabad State, a district and a taluk of the Old Madras State, the State of Coorg and the princely State of Mysore. The State was renamed as Karnataka in The Legislature of Karnataka consists of two Houses, the Legislative Assembly and the Legislative Council. The first sitting of the New Assembly was held on 19th December 1956 in the newly built Vidhana Soudha. The strength of the Assembly, which was 208 in 1957, increased to 216 in 1967 and 9

10 to 224 in The Assembly is now composed of 224 elected members and one nominated member. The strength of the Legislative Council, which was 63 in 1957, increased to 75 in The Council is now composed of 75 members, out of whom, 25 members are elected by members of Legislative Assembly, 25 members are elected by Local Authorities. 7 members are elected by Graduates and Teachers and 11 members are nominated by the Governor of Karnataka. 1.3 Functions of the State Legislature The Legislature of Karnataka must meet at least twice a year and the interval between any two sessions should not be more than six months. The Governor of Karnataka enjoys a right to address the Legislative Assembly or the Legislative Council or both the Houses assembled together. As the Governor is the constitutional head of the State, his address is merely a statement of Government policy and certain amount of solemnity and dignity is attached to the occasion. The address is then debated and finally voted upon in the form of a resolution expressing thanks to the Governor. During the debate, the opposition parties get the opportunity to criticize in general the policies and programmes of the Government embodied in the Governor's address. The main functions of a Legislature are i) To make laws; ii) To sanction revenue and expenditure for the Government; and iii) To control the executive. One of the main functions of the legislature is law making. All legislative proposals are brought before the legislative houses in the form of bills. The Constitution of India and the Rules of Procedure in the Karnataka Legislature have prescribed certain procedure to be followed for the introduction, consideration and passing of the bills. A bill other than money bill, may originate in either of Houses of the Legislature. On these bills, the 10

11 Legislative Council has power to interpose some delay in the passage of the bill for a period of three months. Thus, the Legislative Council is not a revising but merely advisory or dilatory chamber. If a bill is passed by the Legislative Assembly and the Legislative Council rejects the bill or passes it with such amendments as are not agreeable to the Assembly or does not pass the bill within three months from the time when it is laid before the Council, the Legislative Assembly may again pass the bill with or without further amendments, and transmit the bill to the Council again. On this second occasion, if the Legislative Council again rejects the bill, or proposes amendments, or does not pass it within one month of the date on which it is laid before the Council, the bill shall be deemed to have been passed by both the houses, and then presented to the Governor for his assent. Thus the Legislative Council has no coordinate power. In case of disagreement between the two Houses the will of the Assembly shall ultimately prevail. Hence, there can be no deadlock between the two Houses. The above procedure is applicable only to the bill originating in the Assembly. In the case of a bill originating in the Legislative Council and transmitted to the Legislative Assembly if the Assembly either rejects the bill or makes amendments, which are not acceptable to the Council, there is an immediate end of the bill. Another important function of the Legislature is the financial control. In every financial year, the Governor should cause to be laid before the Houses of Legislature a statement of the estimated receipts and expenditure or the annual financial statement, which is also called the Budget. 1.4 Education Related Acts Enacted by the Parliament of India A total of 1129 Acts were enacted in the Parliament of India since 1836 to 13th August The first Act enacted in the British India was Bengal Indigo Contracts Act in the year The first education related Act enacted in the British India was Reformatory Schools Act in the year The first 11

12 Act enacted in the Independent India was Industrial Disputes Act The first education related Act enacted in the Independent India was Indian Nursing Council Act. A total of 48 education related Acts were enacted in the Parliament of India till 13th August The list of the education related Acts enacted by the Parliament of India are given in the Table 1.1 below. Table 1.1: The Education Related Acts enacted by the Parliament of India SI No Name of the Act Year Act No 1 Reformatory Schools Act Banaras Hindu University Act Indian Medical Degrees Act Aligarh Muslim University Act Delhi University Act Legal Practitioners (Women) Act Indian Nursing Council Act Pharmacy Act Dentists Act Visva-Bharati Act University Grants Commission Act All-India Institute of Medical Sciences Act Indian Medical Council Act Women's and Children's Institutions (Licensing) Act Delhi Primary Education Act Dakshina Bharat Hindi Prachar Sabha Act Post-Graduate Institute of Medical Education and Research, Chandigarh, Act Jawaharlal Nehru University Act Haryana and Punjab Agricultural Universities Act Indian Medicine Central Council Act Delhi School Education Act North-Eastern Hill University Act Homoeopathy Central Council Act

13 24 University of Hyderabad Act National Library of India Act Indian Veterinary Council Act Indira Gandhi National Open University Act Pondicherry University Act All India Council for Technical Education Act Auroville Foundation Act Jamia Millia Islamia Act Assam University Act Nagaland University Act Central Agricultural University Act Tezpur University Act National Council for Teacher Education Act Maulana Azad National Urdu University Act, Mahatama Gandhi Antha Rashtriya Hindi Vishwavidyalaya Act, National Institute of Pharmaceutical Education and Research Act 40 Mizoram University Act National Commission for Minority Educational Institutions Act, University of Allahabad Act Manipur University Act Central Educational Institutions (Reservation in Admission) Act 45 Rajiv Gandhi University Act Tripura University Act Sikkim University Act National Institutes of Technology Act

14 1.5 Education Related Acts Enacted by the Karnataka Legislature The earlier part of this Chapter discussed in brief the origin and growth of Karnataka Legislature. The following table 1.2 provides the list of the Acts related to education enacted by the Karnataka Legislature. Table 1.2: The Education related acts enacted by the Karnataka Legislature SI No 1 2 Amendment Acts Name of the Act Year Act No Karnataka Compulsory Primary Education Act 1.1 Karnataka Compulsory Primary Education (Amendment and Miscellaneous Provisions) Act 1.2 Karnataka Compulsory Primary Education (Amendment) Act* 1.3 Karnataka (Enhancement of Certain Cesses) Act Karnataka Education Act, Karnataka Education (Amendment) Act, Repealing and Amending Act, Karnataka Education Cess (Validation of Recovery) Act, Karnataka Education Cess (Validation of Levy) Act, Karnataka Educational Institutions (Prohibition of Capitation Fee) Act Karnataka Educational Institutions (Prohibition of Capitation Fee) (Amendment) Act

15 5.2 Karnataka Educational Institutions (Prohibition of Capitation Fee) (Amendment) Act Karnataka Private Educational Institutions (Discipline and Control) Act, Karnataka Prohibition of Admission of Students to Un-recognised and Unaffiliated Educational Institutions Act, Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Seats in Educational Institutions and of Appointment or Posts in Services under State) Act, Karnataka Secondary Education Examination Board Act, Karnataka Secondary Education Examination Board (Amendment) Act, Karnataka Secondary Education Examination Board (Amendment) Act, Karnataka Education Act, Karnataka Secondary Education Examination Board (Amendment) Act, Repealing and Amending Act, Karnataka Secondary Education Examination Board (Amendment) Act, 2002 The above table shows the Acts enacted in Karnataka Legislature in Post Independence period. A total of 9 Acts related to education were enacted in the Karnataka Legislature since The list contains the amendment Acts to the original Act were also included. Out of 9 Acts enacted in Karnataka Legislature, the Karnataka Education Act-1983 is a comprehensive and 15

16 beautiful piece of legislation enacted with the efforts of many educationists, experts and lawmakers. It is an interesting and a very good learning experience for the researchers to study the debates of legislators in the formulation of an Act. The present Researcher was interested to study the contributions of expert committees and the debates and discussions of legislators in the formulation of Karnataka Education Act Origin and Development of Karnataka Education Act Origin: Karnataka Education Act 1983 is a beautiful piece of legislation created by the Legislature of Karnataka based on the joint efforts of experts, educationists and legislators. The Creation of Karnataka Education Act 1983 is having a long cherished history since The dream of Government of Karnataka to have a Comprehensive Education Bill resulted in constituting a Committee under the Chairmanship of Sri J.B.Mallaradya, retired I.A.S. in the year The Mallaradya Committee was having 20 members. (See Appendix -I for the composition of the committee) Constitution of Mallaradya Committee: The Mallaradya Committee was assigned the task of preparing the Comprehensive Education Bill with the mandate to consider the existing rules, regulations in codes and to formulate appropriate provisions considered necessary to regulate the admission and control of education system at different levels from Pre-Primary level to the College Education level. In fulfilling the task, the Committee made a detailed study of the Education Acts already passed in other States of the Country Viz, Kerala Education Act 1958, The Delhi Education Act 1973, The West Bengal Primary Education Bill 1973, The Tamil Nadu Recognised Private Schools (Regularities) Bill 1983 and the British Acts of 1944 and The Committee also took the suggestions from the general public at large. 16

17 The Mallaradya Committee prepared its draft bill and named it as 'The Karnataka Education Bill 1974' and submitted to Government in February The major objectives of the draft bill were: i. Planned development of educational institutions ii. Improvement and maintenance of standards iii. Better organization, discipline and control over educational institutions in the State. The draft bill has 52 Sections in 12 Chapters. The Chapter wise contents are as follows: Chapter I: Short title, extent and commencement; definitions; role of Government in regulating education; Curricula etc, Chapter II: Place of Educational Authorities in giving effect to the provisions of the Act. Chapter III: Various aspects connected with the recognition of educational institutions Chapter IV: Composition, Powers and functions of the Committee of management and duties and responsibilities of the Secretary. Chapter V: Power of Government to frame rules regarding admissions, scales of fees, exams Chapter VI: Schemes of Grant-in-Aid to educational institutions Chapter VII: Terms and Conditions of service of employees of private educational institutions Chapter VIII: Scheme for exercising control over private educational institutions Chapter IX: Matters pertaining to accounts, audit, inspection and returns Chapter X: Constitution of State Educational Advisory Council, Advisory boards Chapter XI: Penalties for violation of provisions of Act and the rules made there under 17

18 Chapter XII: Provisions including power to make rules, protection, amendment to the Karnataka Compulsory Primary Education Act 1961 and Karnataka Secondary Education Examination Act, Application of the Act to the minority institutions Constitution of Dr. A.C.Devegouda Committee: Even though, the Mallaradya Committee drafted and submitted The Karnataka Education Bill in 1974, it was not implemented. In continuation with the Mallaradya Committee Report (Karnataka Education Bill 1974), Government constituted another Committee after the gap of about 6 years, under the Chairmanship of Prof.A.C.Devegouda, Director of Public Instruction (D.P.I) and noted academician to draft Comprehensive Education Bill with the mandate to cover all aspects of education, including the development of education and to check the commercialisation of education. As per the mandate given by the Government of Karnataka, A.C.Devegouda Committee submitted the draft Comprehensive Education Bill in the year Constitution of Sub-Committee: Government constituted a Sub-Committee with Prof.A.C.Devegouda, Prof.S.R.Rohidekar and Sri Sequera as members to draft the Comprehensive Education Bill. The Sub-Committee drafted the Comprehensive Education Bill and submitted to Government for consideration. The researcher made all efforts to procure the A.C.Devegouda Committee Report for the purpose of the present study. But, the report was not available in the libraries of Secretariat, Legislative House and Archives. It was leamt from the unstructured interview with Prof S.R.Rohidekar that some representatives from Government had barrowed the report and didn't return it. The researcher further ascertained the fact from the information procured by Sri.I.M.Umesh through Right to Information Act that the A.C.Devegouda Committee report is not available in Government of 18

19 Karnataka also and the Government authorities have given the Report of Universalisation of Elementary Education Project for Master Plan for VI and VII Plan Periods mistaken for A.C.Devegouda Report Publication of Karnataka Education Bill in the Official Gazette: Further, Government referred the A.C.Devegouda Committee report (Draft Karnataka Education Bill-1983) to the Department of Education and Department of Law to bring all the educational institutions under the purview of law. Both the Department of Education and Department of Law after jointly working together prepared the Karnataka Education Bill-1983 in March 1983 and Government of Karnataka published the Karnataka Education Bill-1983 in Gazette on Constitution of Joint Select Committee: The Karnataka Education Bill was introduced in the Legislative Assembly on 11th August 1983 and the same was referred to the Joint Select Committee on 12th August (See Appendix-II for the composition of the committee). The Joint Select Committee held 26 sittings and had a study tour in the States of Kerala, Andhra Pradesh, Tamil Nadu, West Bengal and Maharasthra. The Joint Select Committee submitted its report on 16th August Based on the Report of Joint Select Committee, the Karnataka Education Bill-1983 was drafted and presented in both the houses of Legislature. A good, meaningful discussion took place in both houses of Legislature on the Bill. The Bill was discussed in Karnataka Legislative Assembly from 26th March'1984 to 30th March'1984 and in Karnataka Legislative Council from 9th April'1984 to 11th April'1984. About 29 MLAs and 26 MLCs actively participated in the discussion. Out of which 16 MLAs and MLCs have made significant contributions in the form of pragmatic and empirical wisdom based value additions. The discussion in the Karnataka Legislative Assembly lasted for five days and a total of 13 hours and 18 minutes of discussion took place on the 19

20 bill. Where as in Karnataka Legislative Council, the discussion lasted for three days and a total of 13 hours and 52 minutes of discussion was held on the bill. The Bill was passed in the Legislative Assembly on and in the Legislative Council on Then the Karnataka Education Bill-1983 was placed before the Governor for further legal action Presidential Assent to and Coming into force of Karnataka Education Act-1983: The Karnataka Education Bill-1983 was sent for assent of the President of India. The Bill was pending for many years at this stage since the Government of India sought clarifications from the State Government on certain matters. By way of response the State Government proposed certain amendments to the said Bill and simultaneously a draft of Karnataka Education (Amendment) Ordinance was also sent to Government of India. The Government of India, while conveying the assent of the President of India to the said Bill also conveyed previous instructions to the President to the ordinance. The Karnataka Education Bill was received the assent of the President on the 27th October 1993 and was published as an Act on 20th January 1995 and all the provisions of the Act were brought into force with effect from the 1st day of June, The Karnataka Education Act-1983 is having 18 Chapters and 147 Sections/Clauses. The following Table 1.3 provides the details of Chapters and Sections of Karnataka Education Act

21 Table 1.3: Details of Chapters and Sections of Karnataka Education Act SI No Chapter Number of Sections/Clauses 1 I. (General) 7 2 II. Educational Authorities 3 3 III. Enforcement of Compulsory Primary Education 4 IV. Exams, Prevention of Malpractices etc 8 5 V. Classification and Registration of Educational Institutions 6 VI. Recognition of Educational Institutions etc 4 7 VII. Management of Recognised Private Educational Institutions and Local Authority Institutions etc 8 VIII. Admission to Recognised Educational Institutions, Scales of fees etc 9 IX. Grants-in-Aid 6 10 X. Accounts, Audit, Inspection and Returns 4 11 XI. Prohibition of Transfer of Properties by Aided Educational Institutions 12 XII. Taking Over of Management Requisitioning and Acquisition of Educational Institutions 13 XIII. Provision for Ancillary Services in Recognized Educational Institutions 14 XIV. Terms and Conditions of Service of Employees in Private Educational Institutions 15 XV. Control of private educational institutions 7 16 XVI. State Educational Advisory Council etc 4 17 XVII. Imposing Penalties for the Violations of Different Provisions of the Bill 18 XVIII. Miscellaneous 17 Total Sections 147 Based on the Karnataka Education Act-1983, Government of Karnataka framed 15 rules and 14 notifications

22 1.6.8 Importance of the Karnataka Education Act-1983: The Karnataka Education Act-1983 applies to all educational institutions and tutorial institutions covering Pre-Primary, Primary, Secondary, Higher Secondary Education, Teacher Education and to some extent Higher Education. The Act exercises control over all the institutions including private aided and private unaided institutions. The Act provides clear guidelines for the establishment and planned development of educational institutions including recognition, registration and providing grants etc. The Act is operational since 1995 and Government of Karnataka has been clearly guided by it. About 6,000 Crores of rupees were the budget for education for year which comes under the purview of the Karnataka Education Act About 5 IAS officers, 5000 education officers, 2.53 lakh primary school teachers, 90,000 secondary school teachers, 25,000 higher secondary teachers, 110 lakh children are governed by the Karnataka Education Act Also, innumerable number of teachers and students operating in the Private Tutorials are also guided and governed by this noble piece of legislation. 22

23 1.6.9 (Chart I) Time line Chart Showing the Origin and Development of Karnataka Education Act 1983 Year Stage involved in the Making of the Karnataka Education Act

24 Graph I: Graph Showing the Origin and Development of Karnataka Education Act 1983 Time Line Chart shcvwng the Origin and Development of Karnataka Education Act 1983 Phases of Development of the Act It can be observed from the above Chart that the Development of the Act took 21 years of period. From 1984 to 1993, about 9 years, the Act was pending in the Office of the President of India for various reasons. Finally, the Act was come into existence in its full form in the year

25 1.7 Genesis of the Study The researcher being an educational administrator in the Office of the Sarva Shiksha Abhiyan-Karnataka, Bangalore was basically interested in the Policies of the Department of Education. This interest of the researcher motivated him to study the Karnataka Education Act-1983, which is one of the most comprehensive piece of legislation on education in India. The study of Karnataka Education Act-1983 further kindled the interest of the researcher to study, the origin and the major milestones involved in making of this Act. Hence, the researcher decided to take up the present study. 1.8 Title of the Study: The title of the Study is as follows: "A Study on Debates and Decisions of Karnataka State Legislature on Education." The debates and decisions, which have transacted on the floor of the Karnataka State Legislature are very vast and form material for many research studies. Hence, taking into consideration the time and resource constraints, on the part of researcher, the cross section of Debates and Decisions of Karnataka State Legislature concerning formulation (making) of Karnataka Education Act-1983 were selected for the purpose of the present study. 1.9 Statement of Aim of the Study: The present research aims at making a detailed study of the debates and decisions of the Karnataka Legislature with special reference to the making of Karnataka Education Act Objectives of the Study General Objectives of the Study: The general objectives of the Study are as follows: i. To Study the process of enacting an Act in the Legislature. 25

26 ii. To Study the role undertaken by Legislators, Secretariat and Educationists in the formulation of Karnataka Education Act iii. To Study the Contributions of Statutory Committees in the development of Karnataka Education Act Specific Objectives of the Study: The Specific and operational objectives of the present study were as follows: i. To analyse the chronological events in the making of Karnataka Education Act 1983 and its significance. ii. To analyse the amendment motions moved, accepted or negatived in both the houses of the Legislature in the formulation of the Karnataka Education Act iii. To identify the issues that have aroused more discussion in different sections of Karnataka Education Act 1983 iv. To Study the time weightage on debates in both the houses of Legislature in making of Karnataka Education Act v. To Study the contributions of reports of Committees/bills in evolving Karnataka Education Act vi. To Study the comparative analysis of article wise debates and decisions with relevant portions of the reports of the different Committees/bills viz Report of Mallaradya Committee-1978, Report of A.C.Devegouda Committee-1983, Draft Bill of Karnataka Education Act-1983, Report of the Joint Select Committee-1983, Proceedings in the Karnataka Legislative Assembly from to and Proceedings in the Karnataka Legislative Council from to in the making of Karnataka Education Act

27 1.11 Research Questions of the Study: The present Study has made an attempt to address die following questions: i. What is the historical background of the Karnataka Education Act- 1983? ii. What were the legislative intentions of the Legislators, which favoured the final construction of Karnataka Education Act-1983? iii. Who were the legislators of Karnataka, who have made meaningful and active contribution to the making of Karnataka Education Act- 1983? iv. Which were the areas of education in which Legislators were most and least interested? v. Was the focus of enactment of Karnataka Education Act-1983, mechanical/routine or intellectual and epoch-making? 1.12 Operational Definitions of the Technical Terms Used: The operational definitions of the Technical Terms Used in this study are given below: i. Debate: The debates are the logical arguments made by the MLAs/MLCs about a theme or issue in the Legislature. ii. Decision: The decision taken in the flour of the Legislature is an end product of logical considerations of all pros and cons pertaining to an issue. iii. Karnataka Education Act-1983: This is a piece of Legislation enacted by the Karnataka Legislature to provide for better organization, development, discipline and control of the educational institutions; which has received assent of the President of India, on the twenty seventh of October, iv. Mallaraadya Committee: This is a Committee formed by Government of Karnataka under the Chairmanship of Sri J.B.Mallaradya, Retired I.A.S., to draft Comprehensive Bill on Education in the year

28 v. A.C.Devegouda Committee: This is a Committee formed to draft the Comprehensive Education Bill under the Chairmanship of Sri A.C.Devegouda, Retired Director of Public Instruction in the year vi. Legislature: A body of elected or selected or nominated persons who are given the responsibility and power to make laws for a country or a State, specifically the lawmaking body of a State. In Karnataka State, there is a bicameral legislature consisting of Karnataka Legislative Assembly and Karnataka Legislative Council. vii. Karnataka Legislative Assembly: It is the lower house of the Legislature in Karnataka State. The members of the house elected through adult franchise by the people of the State. Articles 168 to 212 of the Constitution of India govern the structure and functions of the Karnataka Legislative Assembly. viii. Karnataka Legislative Council: It is the upper house of the Legislature in Karnataka State. The members of the house are elected by Members of the Legislative assembly, graduates, teachers and local authorities and nominated by the Governor. Articles 168 to 212 of the Constitution of India govern the structure and functions of the Karnataka Legislative Council. ix. Motions: The term 'motion' means any proposal submitted to the House for eliciting decision of the House. x. Bill: Making law is a major function of the Legislature. A decision to introduce legislation in regard to a particular matter and the details it should contain is taken at the Cabinet level and the proposal for Legislation, which is called a 'Bill', is brought forward for introduction in the Legislature. There are two stages in the process of law making, the first one is the drafting of a bill and the second one is its passage in the Legislature. The bill may propose change in the existing law or bring in a new matter, if a Bill seeks to change an existing law, it is called an amending Bill. If the legislation seeks to provide for a new matter, it is called an original bill. xi. Joint Select Committee: Joint Select Committee is constituted by both Houses to consider a bill in accordance with proportion of 3:1 not exceeding twenty members excluding the member in charge of the bill, the Minister in charge of 28

29 the department to which the bill relates and the Minister for Law who will be nominated as a member. The Joint Select Committee elects its own Chairman, xii. Proceedings: The published official documents of transaction of the business in both the houses of Legislature are called as Proceedings of the Legislature Need and Importance of the Study: The present study assumes significance and is needed due to the following reasons: i) As per the Constitution of India, legislature is the body, which makes laws based on the larger public interest. The process of law making involves debates and decisions from various perspectives. The debates and decisions that are very interesting and significant related to all walks of life (subject) including education have taken place in Karnataka State, however the systematic study of the same is not done. Hence to fulfil this gap, in the fund of knowledge, the researcher has taken up the present study. ii) The legislature being the highest forum of debates and decisions in making input on all systems including education, the laws and policies governing education institutions and programmes were emanated from the state legislature. Hence the study of debates and decisions of the state legislature, pertaining to education, gives clarity of thought related to various aspects and issues of education. Hence the present study is significant from this point of view. iii) The Karnataka Education Act 1983 is legislation, which is having the long history and importance. The seeds of the Act were sown in the form of the Mallaradya Committee, which was constituted to draft the Comprehensive Bill on Education in the year Further under the Chairmanship of Sri A.C.Devegouda, a Committee was formed to draft the Comprehensive Education Bill in the year In continuation of this, Department of Education, Government of Karnataka in consultation with the Department of Law and Parliamentary Affairs prepared a bill on 29

30 the Comprehensive Education, which was published in the Official Gazette on On , the bill was referred to Joint Select Committee. The Committee submitted its Report in the month of January The Bill was thoroughly discussed in both the Houses of Legislature in March and April of 1984 and the Bill was passed in both the Houses. The Bill was sent to Hon'ble President of India's assent in the year Hon'ble President of India gave his assent on 27th October It took 10 years to get assent of Hon'ble President. After the assent of the President, it became Act and Rules were framed to operate the Act. The debates and discussions which took place in making of the Act in both the Houses of Legislature are the valuable undercurrents which will act as a very good source, in case, there are any confusion in operating this Act. The debates and discussions, which took place almost a quarter century back, are relevant and significant. The debates provide the list of insights and reflect the intellectual depth and wisdom of Legislators. Hence, the present study was designed and operationalised in order to develop a systematic document of the valuable academic and legislative exercises, which preceded the making of Karnataka Education Act-1983, iv) Legal Research concerning education constitutes one of the important fields of educational research. The system of education is in the final analysis creature of the law. Their structure, functions and authenticity are dependent on laws and legal decisions. Legal research is needed to provide a body of knowledge for the guidance of those charged with the responsibility of Management and Administration of Educational Institutions. There are three common types of law, with its particular function as shown below. 30

31 The present study falls in the domain of "Statutory Law" and attempts to understand how the "will of the people" concerning 'education system' is formulated and put into effect. The studies of this kind is very rare, the present study is one humble attempt to cover little ground in this area Scope and Limitations of the Study: The scope and limitations of the present study are: i. In this study, an attempt was made only to understand the optimistic account of historical genesis and development of Karnataka State Legislature. ii. The debates and decisions on Education in the Legislative Assembly and the Legislative Council pertaining to Karnataka Education Act 1983 were only studied due to constraints of time and other resources at the disposal of the researcher. iii. In this study, an attempt was made to systematically compare the views of experts and legislators, contained in the following authentic documents, a. Report of Mallaradya Committee on the Comprehensive Bill on Education. b. The Karnataka Education Bill 1983 c. The Report of the Joint Select Committee of the Legislature on the Karnataka Education Bill

32 d. Official Proceedings of the Debates and Decisions on the Karnataka Education Bill Next Chapter: The Review of Related Literature is presented in the Chapter-II. 32