EDUCATION AND THE INDIAN CONSTITUTION


Dr. T. C. Thankachan

The constitution of India, the world’s lengthiest written constitution (with 395 articles, 12 schedules and 22 chapters/parts) was passed by the Constituent Assembly on November 26, 1949. It has been in effect since January 26, 1950, which is celebrated as Republic Day in India. The constituent assembly under the chairman ship of Dr. Rajendra Prasad prepared the constitution and presented before Indians. Dr. B. R Ambedkar was the chairman of the Drafting Committee of the constituent assembly.

The preamble, the identity card of the constitution, contains the epitome of the objectives to which the people of a country are permanently committed. It summarizes its aim and objectives. It reads as follows;

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.

CHAPTERS/PARTS OF THE CONSTITUTION

Chapter one – The Union and its Territory (Articles 1 to 4).

Chapter two – Citizenship (Articles 5 to 11).

Chapter three – Fundamental Rights (Articles 12 to 35).

Chapter four – Directive Principles of State Policy (Articles 36 to 51).

Chapter four A – Fundamental Duties (Article 51A).

Chapter five – The Union a) the Executive (Articles 52 to 78) b) Parliament (Articles 79 to 122) c) Legislative power of the President (Article 123) d) the Union Judiciary (Articles 124 to 147) e) Controller and Auditor General of India (Articles 148 to 151).

Chapter six – The States a) General – definition (Article 152) b) the Executive (Articles 153 to 167) c) The State Legislature (Articles 168 to 212) d) Legislative power of the Governor (Article 213) e) the High Courts in the States (Articles 214 to 232) f) Subordinate Courts (Articles 233 to 237).

Chapter seven – (Repealed).

Chapter eight – The Union Territories (Articles 239 to 242).

Chapter nine – The Panchayats (Articles 243 to 243 A – 243 O).

Chapter nine A – The Municipalities (Articles 243P to 243ZG).

Chapter ten – The Scheduled and Tribal Areas (Articles 244 to 244A).

Chapter eleven – Relations between the Union and the States a) Legislative Relations (Articles 245 to 255) b) Administrative Relations (Articles 256 to 263).

Chapter twelve – Finance, Property, Contracts and Suits a) Finance (Articles 264 to 291) b) Borrowing (Articles 292 and 293) c) Property, Contracts, Rights, Liabilities, Obligations and Suits (Articles 294 to 300) d) Right to Property (Article 300A).

Chapter thirteen – Trade, Commerce and Intercourse within the territory of India (Articles 301 to 307).

Chapter fourteen – Services under the Union and the States a) Services (Articles 308 to 314) b) Public Service Commissions (Articles 315 to 323).

Chapter fourteen A – Tribunals (Articles 323A and 323B).

Chapter fifteen – Elections (Articles 324 to 329).

Chapter sixteen – Special Provisions relating to certain Classes (Articles 330 to 342).

Chapter seventeen – Official Language a) Language of the Union (Articles 343 and 344) b) Regional Languages (Articles 345 to 347) c) Language of the Supreme Court, High Courts, etc. (Articles 348 and 349) d) Special Directives (Article 350 and 351).

Chapter eighteen – Emergency Provisions (Articles 352 to 360).

Chapter nineteen – Miscellaneous (Articles 361 to 367).

Chapter twenty – Amendment of the Constitution (Article 368).

Chapter twenty one – Temporary, Transitional and Special Provisions (Articles 369 to 392).

Chapter twenty two – Short Title, Commencement, Authoritative Text in Hindi and Repeals (Articles 393 to 395).

FUNDAMENTAL RIGHTS (Articles 12-35)

Right to Equality (Art. 14-18)

Equality before law (Article 14).

Prohibition of any discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).

Equality of opportunity in matters of public employment (Article 16).

Abolition of untouchability (Article 17) and Abolition of titles (Article 18).

Right to Freedom (Art. 19-22)

Article 19 deals with Six basic freedoms. Freedom of speech and expression, freedom to assemble peacefully without arms, freedom to form associations and unions, freedom to move freely throughout the territory of India, freedom to reside and settle any part of the territory of India and freedom to practice any profession or to carry on any occupation, trade or business.

Protection in respect of conviction for offences. (Article 20) – (a) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of this act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (b) No person shall be prosecuted and punished for the same offence more than once. (c) No person accused of any offence shall be compelled to be a witness against himself.

Protection of life and personal liberty. (Article 21) – No person shall be deprived of his life or personal liberty except according to procedure established by law.

Right to education (Article 21-A) “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.”

Protection against arrest and detention in certain cases. (Article 22).

Right Against Exploitation (Art. 23-24)

Prohibition of traffic in human beings and forced labour (Article 23).

Prohibition of employment of children in factories etc. (Article 24) - No child below the age of 14 years shall be employed to work in any factory or mine or in any other hazardous employment.

Right to Freedom of Religion (Art. 25-28)

The constitution of India defined religion is a matter of faith but belief in God is not essential to constitute religion. The doctrines of each religion constitute its essential part.

Freedom of conscience and free profession, practice and propagation of religion (Article 25).

Freedom to manage religious affairs (Article 26) – it includes (a) to establish and maintain institutions for religious and charitable purposes (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property and (d) to administer such property in accordance with law.

Freedom from the payment of taxes for the promotion of any particular religion (Article 27).

No religious instruction shall be provided in any educational institutions wholly maintained out of state funds (Article 28).

Cultural and Educational Rights (Art. 29-30)

Protection of the interests of minorities - (Article 29) The state shall not impose any culture other than the community’s own culture. Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

Right of minorities to establish and administer educational institutions. (Article 30) – 30(1) Right of minorities to establish and administer educational institutions of their choice. (2) 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 minority, whether based on religion or language.

Right to Constitutional Remedies (Art.32)

Remedies for enforcement of fundamental rights conferred by this Part. (Article 32) Citizens are guaranteed the right to move the courts, the Supreme Court or the High court, by appropriate proceedings for the enforcement of Fundamental rights. The Supreme Court shall have the power to issue directions or orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari whichever may be appropriate for the enforcement of any of the rights. This is indeed the most important fundamental right, and in its absence all other fundamental rights can be made ineffective.

Article 33 deals with the power of parliament to modify the rights conferred by this part in their application to Forces (including armed forces). Article 34 deals with restriction on rights conferred by this part while martial law is in force in any area. And in article 35 a clear emphasis is given on ‘legislation to give effect to the provisions of this Part’ – i.e., the parliament shall have and any legislature of a state shall not have power to make laws related to some special cases.

EIGHTY-SIXTH CONSTITUTIONAL AMENDMENT ACT - 2002

The 86th Constitutional Amendment Act 2002 (on 12th December, 2002) had changes some of the provisions related to education, particularly Article 45 of the Indian constitution.

• Right to education - “21A. 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.”

• Substitution of new article for article 45 – Presently, article 45 of the Constitution reads, “The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.”

• Amendment of article 51A - “(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

DIRECTIVE PRINCIPLES OF STATE POLICY

Directive principles of state policy are incorporated in Part IV of the Indian constitution (Articles 36-51). The articles 36 and 37 deals with the definition and application of the principles.

State to secure a social order for the promotion of welfare of the people (Article 38).

Certain principles of policy to be followed by the state (Article 39) - the citizens, men and women equally, have the right to an adequate means of livelihood - the ownership and control of the material resources of the community are so distributed as best to sub serve the common good - equal pay for equal work for both men and women, etc.

Equal justice and free legal aid (Article 39 A).

Organization of village panchayat (Article 40).

Right to work, to education and to public assistance in certain cases (Article 41).

Provision for just and humane conditions of work and maternity relief (Article 42).

Living wage, etc for workers (Article 43).

Participation of workers in management of industries (Article 43 A).

Uniform civil code for the citizens (Article 44).

Provision for early childhood care and education to children below the age of six years (Article 45).

Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections (Article 46).

Duty of the state to raise the level of nutrition and the standard of living and to improve public health (Article 47).

Organization of agriculture and animal husbandry- prohibiting the slaughter of cows and calves (Article 48).

Protection and improvement of environment and safeguarding of forests and wild life (Article 48 A).

Protection of monuments and places and objects of national importance (Article 49).

Separation judiciary from executive (Article 50).

Promotion of international peace and security (Article 51).

FUNDAMENTAL DUTIES (ARTICLE 51 A)

In part IV A (Article 51 A) of the Indian constitution, certain value-based principles are included as fundamental duties.

(a) To abide by the constitution and respect its ideals and institutions; the National Flag and National Anthem.

(b) To cherish and follow the noble ideals which inspired our national struggle for freedom.

(c) To uphold and protect the sovereignty, unity and integrity of India.

(d) To defend the country and render national service when called upon to do so

(e) To promote harmony and the spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.

(f) To value and preserve the rich heritage of our composite culture.

(g) To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.

(h) To develop the scientific temper, humanism and the spirit of inquiry and reform.

(i) To safeguard public property and to abjure violence.

(j) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.

(k) Who is a parent of guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

ARTICLES RELATED TO EDUCATION

1. Article 14. Equality before law.

2. Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

3. Article 16. Equality of Opportunity in Matters of Public Employment.

4. Article 17. Abolition of Untouchability.

5. Article 21. Protection of life and personal liberty.

6. Article 21 A. Right to Education- “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”.

7. Article 24. Prohibition of employment of Children in factories and risky occupations. – No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

8. Article 25. Freedom to manage religious affairs.

9. Article 28. Freedom to attend religious instruction or religious worship in certain educational institutions. No religious instruction shall be provided in any educational institution wholly maintained out of the Stage funds.

10. Article 29. Protection of interest of Minorities. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out State funds on grounds only of religion, race, caste, language or any of them.

11. Article 30. Right of Minorities to establish and administer educational institutions of their choice.

12. Article 45. “The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years”.

13. Article 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. “The state shall promote with special care, the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation”.

14. Article 51 A (k). “Who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen years.” It stresses the responsibility of the parent in providing educational opportunities to his child for achieving the national goal ‘free and compulsory primary education’.

15. Article 337. Special provision with respect to educational grants for the benefit of Anglo-Indian community.

16. Article 338. It makes provision for the appointment of a special officer for Scheduled Castes and Scheduled Tribes.

17. Article 340. It envisages the appointment of the commission to investigate the conditions of the backward classes.

18. Article 350 A. Facilities for instruction in Mother- tongue at primary stage.

19. Article 351. Special responsibility of the centre to develop the national language i.e, Hindi so that it may serve as a medium of instruction for all elements of the composite culture of India.

EDUCATION ON THE CONCURRENT LIST

Our constitution is a federal one. It has divided powers in the centre and states and describes some powers as concurrent. The centre has exclusive powers to make laws in respect of the items in List I (Union List) while the states have the power to make laws to cover items in List II (State List); for those included in List III (Concurrent List) centre and states both can legislate. Out of 97 items include in the Union List, 7 entries pertain to education; out of 66 items in the State List 2 pertain to education and out of 47 items in the Concurrent List 6 relate to education. The 42nd amendment, 1976 put education a subject in the concurrent list.

HUMAN RIGHTS EDUCATION

With its origin in medieval European moral and political theory the human rights philosophy was shaped by the writings of John Locke and of Hugo Grotius, followed by Rousseau’s principles of the ‘Social Contract’ and Thomas Paine’s ‘The Rights of Man’. This idea is incorporated in Magna Carta (1215), Petitions Right (1968), English Bill of Rights (1689), and Natural Law theory by Locke (1690), Act of Settlement (1701), American Declaration of Independence (1776), French Declaration of the Rights of Man (1791) and Bill of Rights in US Constitution. The United Nations Organization made its well-known declaration of Human Rights in December 10th, 1948. In 1993, India made its declaration of human right. Among 30 articles, Article I of the Universal Declaration of Human Rights states, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”. The important rights mentioned in the UNDHR - 1948 are;

• Right to life, liberty and security of persons (Article 3).

• Protection against slavery and servitude (Article 4).

• Protection against torture, cruel, inhuman or degrading treatment or punishment (Article 5).

• Right to recognition every where as a person before the law (Article 6).

• Equality before law and equal protection of the law (Article 7).

• Right to an effective remedy by competent national tribunals for acts violating fundamental rights (Article 8).

• Protection against arbitrary arrest, detention or exile (Article 9).

• Right to fair trail in criminal cases (Article 10).

• Right to presumption of innocence and protection against ex post facto law, for persons charged with criminal offence (Article 11).

• Protection against arbitrary interference with privacy, family, home or correspondence and attacks upon honor and reputation (Article 12).

• Right to freedom of movement and residence with in the borders of each state and the right leave any country (Art. 13).

• Right to enjoy asylum from persecution (Article 14).

• Right to nationality (Article 15).

• Right to marry and found a family (Article 16).

• Right to own property (Article 17).

• Right to freedom of opinion and expression (Article 19).

• Right to freedom of peaceful assembly and association and not to be compelled to belong an association (Article 20).

• Right to take part in the government of the country including equal access to public service and periodic and genuine elections (Article 21).

• Right to social security and right to social and cultural rights indispensable for dignity and free development personality (Article 22).

• Right to work, free choice of employment, just and favourable conditions of work and protection against unemployment (Article 23 and24).

• Right to health (Article 25).

• Right to education (Article 26) and Right to participate in the cultural life of the community and to enjoy the arts and to share in scientific advancement and benefits. (Article 27).

A self study material for the B. Ed students prepared by Dr. T. C. Thankachan, Assistant Professor, St. Thomas College of Teacher Education, Pala. tcthanks@rediffmail.com,