UNIT 4 : THE CONSTITUTION OF INDIA AND EDUCATION

UNIT 4 : THE CONSTITUTION OF INDIA AND EDUCATION UNIT STRUCTURE 4.1 Learning Objectives 4.2 Introduction 4.3 The Indian Constitution 4.3.1 The Preamble and Education 4.3.2 Amendment of the Indian Constitution 4.4 Constitutional Provisions on Education. 4.4.1 Fundamental Rights 4.4.2 The Directive Principles of State Policy 4.4.3 Some Articles of the Constitution on Education 4.5 Right to Education Act, 2009 4.6 Let us Sum up 4.7 Further Reading 4.8 Answers to Check Your Progress 4.9 Model Questions 4.1 LEARNING OBJECTIVES After going through this unit you will be able to explain the origin and the objectives of the Indian Constitution discuss the relationship between the Constitution of India and Education explain the Fundamental Rights as enumerated in the Constitution and their relation to Education describe the Directive Principles of State Policy from educational point of view list some specific Articles of the Constitution on Education explain Right to Education Act, 2009. 95

Unit 4 The Constitution of India and Education 4.2 INTRODUCTION Constitution is a set of laws and rules providing the broad framework for the governance of a country and it also defines and determines the relations between the different institutions. In India our Constitution is the source of all powers. In this unit we will explain the Constitution of India, its origin, objectives and the amendment procedure. Education is the means through which we can achieve an all-round development of the people. Our Constitution has given various provisions for education of the people of India. Here we will discuss the Fundamental Rights, Directive Principles of State Policy incorporated in the Constitution in relation to education and also the various Articles of the Indian Constitution having a bearing on education of the people. We will also introduce you to the Right to Education Act, 2009. 4.3 THE INDIAN CONSTITUTION We will begin with a brief background of the origin of the Indian Constitution. When The British Government after the Second World War decided to give independence to India, they sent a Cabinet Mission to India in 1946. The Cabinet Mission plan provided for the formation of a Constituent Assembly to draft a Constitution for independent India. After long deliberations, in the Constituent Assembly, the draft of the Constitution was adopted on the 26th of November, 1949 and the Constitution came into effect on the 26th of January 1950. The objectives of the Constitution of India are clearly stated in the Preamble. The main objective of the Constitution of India is to establish popular sovereignty that is to make the common people the ultimate source of all authority. According to the Preamble of the Constitution of India, India is a sovereign state which means that India is independent in internal and external matter and is no longer under the control of a foreign power; it is a socialist state which ensures socio-economic justice through democratic procedure and organized planning; it is a secular state meaning that equal 96

status is given to all religion; finally India is a democratic state in which the people elect their representatives to the legislature to form the government, a republic which means the head of the state is not nominated but elected. Now, since the Constitution of India is a document which governs not only the administrative machinery, social, economic and political development of the country but also its educational development, it will be pertinent to know the exact wordings of the Preamble of the Constitution of India. 4.3.1 The Preamble and Education PREAMBLE WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. Let us now make an attempt to analyze the objectives stated in the Preamble as far as education is concerned as follows: Justice in Education : The implication of justice in education is that every citizen of India must have equal opportunity of upliftment, development and progress through education. Moreover, to provide justice in the arena of education, the institutions of learning should be kept open for all the citizens and there should not be any discrimination of any kind. Equality in Education : This aspect of the preamble is very clearly expressed by the Education Commission in the following words 97

Unit 4 The Constitution of India and Education One of the important social objectives of Education is to equalize opportunity, enabling the backward or underprivileged classes and individuals to use education as a lever for the improvement of their condition. Liberty in Education : It may be emphasized that education is an instrument which can be used to guide the people for the proper and scientific use of their right to speech. At the same time, education can guide the citizens for the proper use of their other fundamental rights. Fraternity in Education : In a country like India, with so much diversity in culture, language, religion etc.., achieving fraternity among the citizens of the country is of utmost importance. Fraternity implies a sense of brotherhood, dignity of the individual and the unity of the nation. The fusion can be achieved only through proper Education. 4.3.2 Amendment of the Indian Constitution Concurrent List- Both the Central and State governments can make laws on the subjects mentioned in this list; e.g. education Union List- Union government has exclusive power to make laws on the subjects mentioned in this list; e.g. currency, foreign affaires. You may be a bit surprised as to why we must be talking about the amendment process of Indian Constitution while essentially we are talking about education and Indian Constitution. The idea is that the Constitution is a dynamic document. It will have to adjust itself to the changing circumstances in the society, caused by the technological development and the changing international environment. Presently education has been put in the Concurrent List. But a day may as well come when it would become imperative to put it entirely in the Union List. Or, who knows, we may have to leave Education entirely in the private hands. Under such circumstances, the amendment of the Indian Constitution may be necessary, as far as education is concerned. Therefore, we shall very briefly discuss the amendment procedure of the Indian Constitution. Amendment of the Constitution: A Constitution is not a static document. With the development of technology and progress 98

of the society, changes take place. The Constitution must adapt itself to changing circumstances. Therefore, certain changes in the Constitution become imperative. Consequently, the Constitution is amended to adjust itself to changing circumstances. Article 368 of our Constitution provides that a bill for amendment may be introduced in either house of Parliament and the Constitution shall be amended in accordance with the terms of the bill if it is passed in each house of the Parliament by a majority of total membership as well as by a majority of not less than two thirds of the members present and voting and assented to by the President on being presented to him/her. There are three procedures for the amendment of the Constitution, namely i) Amendment through the process of ordinary law-making, ii) Amendment through a special majority of each house of the Parliament and iii) Amendment through a special majority of each house of the Parliament and ratification by a majority of State Legislatures. A situation may so arise in future that a Constitution amendment may be necessary as far as education is concerned. If such contingency arises, the provisions are very much there in the Constitution. In this connection, we may point out that the 42nd Amendment of the Indian Constitution in 1976 brought about drastic changes in the Indian Constitution. As far as education was concerned, it may be taken to be a historic step. Before 1976, education was a state subject, while the Central Government used to play an advisory role. However, the persons who were connected with educational Administration felt that education should be the joint responsibility of the Central and the State Governments. The idea was put into practice by a Constitutional amendment in 1976. As a result, education was put on the Concurrent List with the 99

Unit 4 The Constitution of India and Education implication that both the Centre and the States can legislate on any aspect of education from the Primary to the University level. With education in the Concurrent List, the Centre can directly implement any policy decision in the States. LET US KNOW The three Lists in the Indian Constitution: India is a federal state. The Constitution is the supreme law of the country. The Constitution has distributed the powers between the Central government and the State Governments by making provisions for three Lists. I) The Central List or Union List, ii) The State List, iii) The Concurrent List. Only the Central Government can legislate on the subjects included in the Central List. Only the State Governments can legislate on the subjects included in the State List. Both the Central Government and the State Governments can legislate on the subjects included in Concurrent List. But if the Central Government has already enacted on any subject of this List, the State Government can not do so. 1) As a result of education being brought under the Concurrent List, the Union Government lays down the norms and standards for education to be followed and maintained by the States. The Centre has set up institutions like the University Grants Commission (UGC) for such purposes. 2) Moreover, running of some special institutions is the responsibility of the Union Government : The special institutions are the Banaras Hindu University, the Aligarh Muslim University, the Delhi University, the Jawaharlal Nehru University, the other Central Universities, the National Library, the National Museum, NCERT, IITs, UGC, the Regional Engineering Colleges etc. 3) Further, one of the functions of the Central government is co- 100

ordination and determination of standards in institutions for higher education or research and scientific and technical institutions. 4) Liaison with the UNESCO is another exclusive function of the Union Govt. A number of organizations have been developed and scholarship and fellowship have been given to Indians in foreign countries. 5) It may also be pointed out that promotion of Hindi is again an exclusive function of the Union. 6) Education in the Union territories is governed by the Centre. CHECK YOUR PROGRESS Q 1 : What is a Constitution?...... Q 2 : Why is amendment of the Constitution necessary?...... Q 3 : What is the Concurrent List in the Indian Constitution?...... 4.4 CONSTITUTIONAL PROVISIONS ON EDUCATION The makers of our Constitution were well aware of the importance of education not only for individual s progress but also for the development of the whole nation. Education was also viewed as an agent of bringing equality in social and economic life of every citizen. Therefore many provisions were incorporated in the Constitution to provide access to education to all. 4.4.1 Fundamental Rights Chapter III of the Indian Constitution has 24 Articles which 101

Unit 4 The Constitution of India and Education deal with the Fundamental Rights of the Indian citizens. The Fundamental Rights are classified into six categories. i) Right to Equality. ii) Right to Freedom and Personal Liberty. iii) Right against Exploitation. iv) Right to Freedom of Religion v) Cultural and Educational Rights. vi) Right to Constitutional Remedy. Now, let us see how each of these rights is related to Education: 1) Right to Equality and Education: There was a time when education was the privilege of a certain class of people. But the right to equality makes education open to all without any discrimination. Education will be provided to all without any discrimination of caste, creed, religion, sex etc. 2) Right to Freedom and Personal Liberty and Education: This right includes freedom of expression. Freedom of expression does not have any meaning at all unless one is educated enough to express his/ her opinion on any issue. Similarly, personal liberty will also be hollow unless the person concerned knows what personal liberty is and an illiterate person is not expected to know it. 3) Right Against Exploitation and Education: There are some Dalits and tribal groups in out country who do not even realize how much they have been exploited in the traditional social system. Only education can make them realize that they are being exploited. This can be fairly understood through the following story adapted from the real life situation. The villagers of Jakhmalgur are gearing up for a big festival. Once in five years, the local deity is honored and priests from twenty neighboring villages come for this five day event. The ceremony begins with a member of the Dalit community washing the feet of all the priests and then bathing in the water used for this. In Jakhmalgur, the person who performs this task belongs 102

to the Rathnam s family. His father and grandfather had performed the same task before him. Though they were not allowed to enter the temple, the ritual was viewed as a great honor bestowed on them on this special occasion. Now, it was Rathnam s turn. Rathnam was all of twenty years old studying engineering in the nearby college. He refused to perform this ritual as he was educated and apparently his education was the cause of his refusal to perform such a humiliating ritual. 4) Right to Freedom of Religion and Education: This is an important fundamental right in the sense that it talks about freedom of conscience and right to practice or propagate any religion by peaceful means. Only an educated person will be able to comprehend the true meaning of this right. The communal riots based on religion attest to the fact that usually the uneducated and unenlightened people only indulge in such nefarious activities. The concept of secularism would be properly understood only when people are properly educated and enlightened. 5) Cultural and Educational Right: This is directly related to education. The minorities have the right to establish and maintain educational institutions and also to preserve their culture. 6) Right to Constitutional Remedies and Education: Every Indian citizen has the right to go even to the Supreme Court of India if he/she feels that his/her fundamental right has been violated. An illiterate person will simply be unaware of the existence of such a right and will be ignorant about his right to challenge the violation of his fundamental right. Therefore education is necessary to make one understand this right. 4.4.2 The Directive Principles of State Policy One of the important features of the Indian Constitution is the enumeration of the Directive Principles of State Policy in it. 103

Unit 4 The Constitution of India and Education They have been included in Chapter IV of the Indian Constitution. The principal aim of these principles is to convert India into a Welfare State. The Directive Principles act as the guide of all authorities functioning in India under the Constitution. While the Fundamental Rights aim at protecting the life, liberty and property of the people, the Directive Principles of State Policy direct the states to apply these principles to making laws. From educational point of view, the Directive Principles emphasize on free and compulsory education for all children within the age group of 6 to 14. Unless people are educated, it will not at all be possible to raise the standard of living of the people and secure welfare of the county. LET US KNOW Article 45 of the Indian Constitution reads: The State shall endeavour to provide within a period of ten years from the commencement of this Constitution for free and compulsory education for all children until they complete the age of fourteen years. The task of universal elementary education is the joint responsibility of the Central Govt, the various State Governments and the local bodies as well as the voluntary organizations. Education now is in the Concurrent List. However, the State Govt. has to shoulder the major responsibility of providing universal, free and compulsory education. But the Union Government has also a number of important functions. Some of them are i) Developing research in Elementary education. ii) Acting as a coordinating agency. iii) Leveling out the differences between the different states and ensuring equality of opportunity. iv) Providing financial assistance to the less advanced states, etc. Though now a concurrent subject, yet it is the responsibility 104

of the State Governments to legislate on elementary education. Compulsory education acts have been passed and enforced in many states. 4.4.3 Some Articles of the Constitution on Education 1) Education for weaker section: Article 45 under the Directive Principles of State Policy states: The state shall promote with special care the educational and economic interest of the weaker sections of the people and in particular the Scheduled Castes and the Scheduled Tribes and shall protect them from social injustice and all forms of exploitation. 2) Finance provision: Article 282 of the Constitution regarding miscellaneous financial provisions is related to education also. The Article states: The Union or a State may make any grants to any public purpose Obviously, it includes education also as education is a public purpose. The expenditure on education is both direct and indirect. Direct expenditure is incurred on educational institutions at various levels. Indirect expenditure is related to buildings, scholarships, supervision and such other measures. The State Governments also give grants in aid to schools and colleges run by voluntary agencies and private bodies. 3) Framing Educational Policies: The Union Government is empowered by the Constitution to lay down guidelines for all the states with regard to a number of aspects for example, Basic education, use of Hindi etc. The relevant Article of the Constitution is 257 (i). 4) Secular Education: Article 28 states, No religious instructions shall be provided in any educational institution wholly maintained out of the state funds. Again, Article 30 states, The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a 105

Unit 4 The Constitution of India and Education minority, whether based on religion or language. 5) Women s Education: Article 15(i) provides that the State shall not discriminate against any citizen on the grounds only of..sex. Article 16(i) provides equality of opportunity for all citizens. Hence, the Constitution has given women absolute equality with men. It is only through full opportunity given to girls for education that we can aspire for high level of literacy. 6) 86th Constitution Amendment Act. : Article 21 of the Constitution Amendment Act 2001, states that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner, as the state may, by law, determine. The provision is self-explanatory. 7) The 11th Plan and Education : The 11th plan (2007-2012) document places development of children at the centre of the plan. It aims at giving the right start of children from prenatal to 6 years through effective implementation of the Integrated Child Development Services (ICDS) programme with active community involvement. (To know more about the Provisions of the Indian Constitution bearing on education, please go through the table provided in the Annexure- B ) CHECK YOUR PROGRESS Q 4 : What is meant by free and compulsory education?...... Q 5 : Why is education given so much importance in the Indian Constitution?...... 106

4.5 RIGHT TO EDUCATION ACT, 2009 The Right to Education Act (RTE), 2009 was passed by the Indian Parliament on August 4, 2009, to provide free and compulsory education for children between 6 and 14 years of age in India under Article 21A of the Indian Constitution. India has become one of 135 countries to make Educational a Fundamental Right of every child. The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010. This is a historic day for the people of India as from this day, the Right to Education was accorded the same legal status as the Right to Life provided by Article 21A of the Indian Constitution. Every child in the age group of 6-14 years will be provided 8 years of elementary education in an appropriate classroom in the vicinity of his/her neighborhood. All private schools shall be required to enroll children from weaker sections and disadvantaged communities in their incoming class to the extent of 25 of their enrolment, by simple random selection. No seats in this quota can be left vacant. These children will be treated on par with all the other children in the school and subsidized by the state at the rate of average per learner cost in the Government schools. Key Points of the Right to Education Act: Free and compulsory education to all children of India in from 6 to 14 years age. The Government schools shall provide free education to all the children and the schools will be managed by School Management Committees (SMC) with 75% of parents and guardians as members. Private schools shall have to admit at least 25% of the children in their schools from the weaker sections and disadvantaged groups of the society through a random selection process. Government will fund education of these children. No school shall, while admitting a child, collect any donation and capitation fee. No school shall subject either the child or his/her parents or guardian to any screening procedure such as, admission test, interview, etc. No child shall be denied admission in a school for lack of age proof. 107

Unit 4 The Constitution of India and Education No child shall be held back, expelled, or required to pass a board examination until completion of elementary education up to class VIII. No child shall be subjected to physical punishment or mental harassment. A child who completes elementary education that is up to class VIII shall be awarded a certificate. It also calls for a fixed student-teacher ratio (30:1). No teacher shall engage himself or herself in private tuition or private teaching activity. Every teacher must obtain an adequate professional degree in teaching within a period of five years from the date of commencement of the Act. The National Commission for Elementary Education shall be constituted to monitor all aspects of elementary education including quality. School infrastructure (where there is problem) to be improved in three years, else recognition is cancelled; Any schools to face penalty for violating RTE. (To know more about the Right to Education Act, Gazette Notification on the Right to Education Act is provided in Annexure -A) CHECK YOUR PROGRESS Q 6 : What is the Right to Education Act?...... ACTIVITY 4.1 Go through the Annexure A (Gazette Notification on the Right to Education Act-2009) provided at the end of this block and prepare a List containing at least ten salient points given under Chapter IV (Responsibilities of Schools and Teachers) in your own words. 108

4.6 LET US SUM UP We have gathered a basic concept about our Constitution of India, The Preamble and its relationship with Education and Amendment of the Indian Constitution. We have also learnt about the Constitutional Provisions on Education, Fundamental Rights, Directive Principles of State Policy and how they are related to Education. Then we have learnt about some Articles of the Constitution of India on Education along with the Right to Education Act, 2009. 4.7 FURTHER READING 1) Basu, D.D.(2009). Introduction to the Constitution of India. New Delhi; Prentice Hall Of India. 2) B.K.Mishra and R.K. Mohanty (2009).Trends and Issues in Indian education, Meerut. R. Lall Book Dept, Near Govt. Inter college. 3) Dash,B.N (2006).Teachers and education in the emerging Indian Society. New-Delhi:Neelkamal publications Pvt. Ltd. 4) Safaya,R.(1997).Development Planning and Problems of Indian Education. New Delhi:Dhanpat Rai Publishing Co. (P) Ltd. 4.8 ANSWERS TO CHECK YOUR PROGRESS Ans to Q No 1 : Constitution is a set of laws and rules that set up the machinery of the government of a state which defines and determines the relations between the different institutions. 109

Unit 4 The Constitution of India and Education Ans to Q No 2 : The idea is that the Constitution is a dynamic document. It will have to adjust it-self to the changing circumstances in the society caused by the technological development and the changing international environment. So to help the people to live their life according to the changing nature of the society amendment of the Constitution is very necessary. Ans to Q No 3 : The Constitution of India has distributed the powers between the Central Government and the State Governments by making provisions for three Lists - i) the Central or Union List, ii) the State List and iii) the Concurrent List. Both the Central Government and the State Governments can legislate on the subjects included in the Concurrent List. Ans to Q No 4 : By free and compulsory education we mean education for all children from the age 6-14 years without any distinction of caste, creed and religion freely and compulsorily. Ans to Q No 5 : The Constitution of a country reflects the aspirations of the people of the country. A thorough analysis of the Constitution of India will clearly show that the framers of our Constitution wanted India to be a welfare state. But the Constitution makers also realized that the idea of a welfare state will always remain a utopia if the people of the country are not property educated. At the time of framing our Constitution, the literacy rate of India was abysmally bad. So the Constitution makers put much emphasis on education of the people in the Constitution. Ans to Q No 6 : Right to Education Act 2009, provides for free and compulsory education to all children of the age of six to fourteen years. According to this act Right to Education will be accorded the same legal status as the Right to Life as provided by Article 21A of the Indian Constitution. 110

4.9 MODEL QUESTIONS (A) Very Short Questions Q 1 : On which day our Constitution came into effect? Q 2 : Which Article of the Indian Constitution speaks of equality in education? (B) Short Questions (Write in about 150 words) Q 1 : What is meant by free and compulsory education? Q 2 : Why is education given so much importance in the Indian Constitution? Q 3 : What do you know about the 42nd amendment of the Indian Constitution as far as education is concerned? Q 4 : Explain the concept - Fundamental Rights. (C) Long Questions (Write in about 300-500 words) Q 1 : What is meant by the Directive Principles of State Policy? Do they have any practical utility? Q 2 : Do you think that education should be entirely in the hands of the Central Government? Q 3 : Discuss in detail if the Constitutional Provisions are adequate and practical to improve the cause of education in India? *** ***** *** 111