Articles of Indian constitution pertaining to education

 

Preamble 

The pillars of the preamble of the Indian constitution lie on the foundation bricks of justice, liberty, equality and fraternity. The preamble was enacted on the 26th of November in the year 1949.

The Preamble to the Indian Constitution, while not explicitly mentioning education, implicitly supports the concept of providing education through its emphasis on key values and objectives. Here’s how these principles relate to education:

Justice: Social, economic, and political justice cannot be achieved without ensuring access to education for all citizens. Education is a critical tool in reducing inequalities and empowering individuals to participate fully in society.

Liberty: Liberty of thought, expression, belief, faith, and worship is nurtured through education. An educated populace is better equipped to exercise these liberties responsibly and effectively.

Equality: Education is fundamental in promoting equality of status and opportunity. Ensuring access to education for all, regardless of background, helps bridge social and economic divides.

Fraternity: Promoting a sense of fraternity, dignity, and unity requires a well-informed and educated citizenry. Education fosters understanding, tolerance, and respect among diverse groups

Thus, while the Preamble does not directly address education, its guiding principles underscore the necessity of providing equitable and comprehensive education to all citizens to achieve the broader goals of justice, liberty, equality, and fraternity.

The Indian Constitution contains several articles that pertain to education, ensuring that it is a fundamental right and emphasizing its importance.

1. Article 21A: This article was added by the 86th Amendment Act of 2002. It makes education a fundamental right, stating 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.”

2. Article 45: Part of the Directive Principles of State Policy, it initially mandated that the State should endeavor to provide free and compulsory education for all children until they complete the age of fourteen years. After the 86th Amendment, it now states that the State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

3. Article 46: This article mandates the promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections. It states that 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.

4. Article 30(1): It grants all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice.

4.1. Article 30(2): This article ensures that 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.

These articles collectively emphasize the importance of education in India and ensure that various sections of the society have the right to access education and preserve their cultural heritage.

5. Article 29(1): It provides that any section of citizens having a distinct language, script, or culture have the right to conserve the same.

6. Article 14:Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws within the territory of India. It states:“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

This means that every individual, regardless of their race, religion, caste, sex, or place of birth, is entitled to the same treatment under the law. The principle of equality before the law means that no person is above the law, while equal protection of the laws implies that individuals in similar situations should be treated similarly.

7. Article 15: Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.

7.1. Article 15(1): The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.

7.2. Article 15(2): No citizen shall, on grounds only of religion, race, caste, sex, place of birth, or any of them, be subject to any disability, liability, restriction, or condition with regard to:Access to shops, public restaurants, hotels, and places of public entertainment ; or the use of wells, tanks, bathing Ghats, roads, and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

7.3. Article 15(3): Nothing in this article shall prevent the State from making any special provision for women and children.

7.4. Article 15(4): Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

7.5. Article 15(5): Nothing in this article or in sub-clause (g) of clause (1) of Article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions, including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30.

Relevance to Education of Aticle14&15

Article 14 ensures that all citizens have equal access to educational opportunities without discrimination.

Article 15(4) and 15(5) allow the State to make special provisions for the educational advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes. This includes reservations and affirmative action in educational institutions to promote inclusivity and equality in education.

These articles collectively aim to eliminate discrimination and promote equal opportunities in education for all sections of society.

8. Article 41: Right to Work, to Education, and to Public Assistance in Certain Cases

Article 41 of the Indian Constitution falls under the Directive Principles of State Policy. It states:

“The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.”

Right to Work: The State is encouraged to provide opportunities for employment to its citizens. While it is not enforceable by law, it guides the State in policy-making to ensure that citizens have the opportunity to work.

Right to Education: This clause complements the fundamental right to education provided under Article 21A. It suggests that the State should strive to provide educational facilities to its citizens, within its economic capacity.

Right to Public Assistance: It mandates the State to offer assistance to citizens in situations of unemployment, old age, sickness, disablement, and other cases of undeserved want.

Relevance to Education:

Policy Guidance: Article 41 guides the State to prioritize education as a means of achieving socio-economic development. It underlines the importance of making educational provisions to empower citizens.

Economic Capacity: The article acknowledges the practical limitations of economic resources, implying that the extent of educational provisions depends on the State's financial and developmental capacities.

Social Welfare: By linking education with other social welfare rights, Article 41 highlights the interconnectedness of education with overall well-being and socio-economic stability.

Implications:

Government Policies: This article influences government policies related to education, encouraging efforts to expand educational access and infrastructure.

Social Equity: It emphasizes the role of education in achieving social equity, suggesting that the State should make efforts to provide educational opportunities to all, especially the underprivileged.

Holistic Development: Article 41 contributes to the holistic development approach by integrating education with other welfare measures, recognizing that education is crucial for addressing broader social issues.

Article 41 underscores the importance of education as part of the State’s responsibility towards its citizens’ welfare, aligning with the broader goals of social justice and economic development.

9. Article 51A: Fundamental Duties

Article 51A of the Indian Constitution enumerates the Fundamental Duties of every citizen of India. These duties were added by the 42nd Amendment Act in 1976. The article states:

“It shall be the duty of every citizen of India —

(a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the 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 the people of India transcending religious, linguistic, 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 wildlife, 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 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.”

Relevance to Education:

This article specifically relates to education, making it the duty of every parent or guardian to provide opportunities for education to their child or ward between the ages of six and fourteen years. This reinforces the Right to Education guaranteed under Article 21A, emphasizing the role of parents and guardians in ensuring that children receive compulsory education. Article 51A underscores the civic responsibilities of Indian citizens, with a specific focus on the duty to provide education to children, thereby reinforcing the significance of education in the nation’s development.

10. Article 350: Language and Minority Rights

Article 350 of the Indian Constitution focuses on language and the rights of linguistic minorities. It states:

“Language to be used in representations for redress of grievances—Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.”

10.1. Article 350A: Facilities for Instruction in Mother-Tongue at Primary Stage

Article 350A of the Indian Constitution mandates the provision of educational facilities for linguistic minorities, emphasizing the importance of mother-tongue instruction at the primary level. It states:

“It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.”

Mother-Tongue Instruction: The article emphasizes that states and local authorities should endeavour to provide instruction in the mother-tongue at the primary stage of education. This is crucial for the cognitive and cultural development of children from linguistic minority groups.

Linguistic Minorities: The focus is on children belonging to linguistic minority groups, ensuring that their right to receive education in their mother tongue is protected and promoted.

Presidential Directions: The President of India has the authority to issue directions to any state to ensure that the provision of such facilities is carried out effectively.

Implications for Education:

Cognitive Benefits: Research has shown that children learn better and grasp concepts more easily when taught in their mother tongue, especially at the primary stage. This enhances understanding and retention of knowledge.

Cultural Preservation: Instruction in the mother tongue helps in preserving the linguistic and cultural heritage of minority groups. It fosters a sense of identity and belonging among children.

Educational Equity: By providing education in the mother tongue, the state promotes educational equity, ensuring that linguistic minority children are not at a disadvantage due to language barriers.

 Article 350A underscores the importance of mother-tongue instruction at the primary stage for children from linguistic minority groups. It aims to ensure that these children have access to quality education in their native language, thereby promoting better learning outcomes and preserving linguistic diversity.

11. Article 351: Directive for Development of the Hindi Language

Article 351 of the Indian Constitution provides a directive for the development and promotion of the Hindi language. It states:

“It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style, and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.”

Promotion of Hindi: The Union is tasked with promoting the spread of Hindi across India, encouraging its use as a medium of expression.

Cultural Integration: The development of Hindi is to reflect and incorporate elements of the composite culture of India, ensuring that it is Inclusive and representative of the nation’s diversity.

Enrichment of Hindi: The article emphasizes the enrichment of the Hindi language by assimilating elements from Hindustani and other languages listed in the Eighth Schedule of the Constitution. This includes drawing from Sanskrit and other languages to enhance its vocabulary.

Implications for Education:

Curriculum Development: Educational policies and curricula might prioritize Hindi as a subject and medium of instruction, especially in regions where it is widely spoken. This includes developing textbooks and educational materials in Hindi.

Language Learning: Encouraging the learning of Hindi in schools across India, even in regions where it is not the first language, to promote national integration and communication.

Cultural Awareness: Promoting Hindi in education also involves teaching students about the cultural and historical significance of the language, fostering an appreciation of India’s composite culture.

Balancing Linguistic Diversity:

While Article 351 emphasizes the promotion of Hindi, it also recognizes the importance of other languages. The development of Hindi should not interfere with the linguistic diversity of India but rather should draw from it to enrich the language. This approach ensures respect for all languages and promotes a harmonious linguistic environment.

Article 351 aims to promote and develop the Hindi language as a medium of expression that reflects India’s composite culture. Its implementation in the educational sector involves promoting Hindi learning while respecting and integrating India’s rich linguistic diversity.

 Right to Education Act(RTE)

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of 6 to 14 years as a Fundamental Right in such a manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. ‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE.

This landmark legislation aims to provide free and compulsory education to all children aged 6 to 14 years in India under Article 21A of the Indian Constitution.

Free and Compulsory Education: Ensures that every child in the specified age group has the right to free and compulsory education in a neighbourhood school until the completion of elementary education.

Admission and Non-Discrimination: Mandates that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. It also prohibits physical punishment and mental harassment, discrimination against children on any grounds, and capitation fees.

Curriculum and Evaluation: Requires schools to follow a curriculum that conforms to the values enshrined in the Constitution and take steps to ensure the all-round development of children. It also emphasizes continuous and comprehensive evaluation of the child’s understanding of knowledge and his/her ability to apply the same.

Teacher Qualifications and Training: Establishes minimum qualifications for teachers and mandates regular training and professional development.

Infrastructure and Learning Facilities: Specifies norms and standards for school buildings, teacher-student ratios, and other infrastructure.

School Management Committees (SMCs): Mandates the formation of SMCs to involve parents and the local community in the school’s functioning and governance.

Special Provisions for Disadvantaged Groups: Requires schools to ensure that children from disadvantaged groups and weaker sections are not discriminated against and are given the opportunity to participate fully in schooling.

Private School Obligations: Private schools are required to admit at least 25% of children from disadvantaged sections and provide them free education.

The RTE Act represents a significant step towards universalizing elementary education in India and ensuring that every child receives quality education in an equitable and inclusive environment.

Ref: The Indian Constitution