Indian Constitution and Education: Some provisions.............. thanks to Dr. S Latha

Education and Indian constitution 

Fundamental rights and duties of citizens and the directive principles of state policies – critical understating of constitutional values related to aims of education – Indian constitution and education – freedom, justice, equality and fraternity– democracy – secularism– socialism.

INDIAN CONSTITUTION

The constitution of India is the world’s lengthiest written constitution with 404 Articles, 12 schedules and 82 Amendments (so far), runs into some 300 pages. It contains the good points taken from the constitution of many countries in the world. It was passed on 26^th November 1949 by constituent assembly and fully applicable on 26^th January 1950.

          The constitution of India is the supreme law of India. It lays down the framework defining the fundamental political differences and establishing the structure, procedures powers and duties of the government. It spells out the fundamental rights, directive principles and duties of the citizen. 

  It declares the union of India to be a sovereign democratic republic, assuring it’s citizens justice, equality and liberty. India celebrates the adoption of the constitution on January 26^th each year as republic day.

Preamble

Every constitution has a preamble with which it begins and which embodies its objectives or basic purposes. The preamble of the constitution of India after the forty-second Amendment of the constitution in 1976 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.”   

Purpose of having a preamble

The preamble to our constitution serves two purposes

• It indicates the source from which the constitution derives it’s authority.
• It also states the objects which the constitution sees to establish and promote.

The  preamble  sees to establish what Mahatma Gandhi described as the ‘India of my dreams’  

   “An India in which the poorest shall feel that it is their country, in whose making they have an effective voice, an India in which all communities shall live in perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of intoxicating drinks and drugs. Women  will enjoy the same rights as men.”

FUNDAMENTAL RIGHTS LAID DOWN BY THE INDIAN CONSTITUTION

The constitution of the republic of India is a set of laws laid down to govern nation. Every citizen has certain rights which are guaranteed by our constitution. They are called fundamental rights.

     These fundamental rights enable the people to live freely and happily in a democratic setup. They are the natural rights. They are essential for good life. They are as follows.

1. The right to equality

All men are born equal and therefore they should be treated equally, our constitution guarantees the right to equality for all citizens. In India the rule of law is followed. All citizens are equal before law. There is no discrimination of any citizen on the basis of cast, religion, sex or place of birth. No one can be discriminated to have accessed to shop public hotels and places of entertainment etc. similarly wells, tanks, bathing gats, roads and places of public resources under the government control are thrown open equally to all. Equality of opportunity is guaranteed  to all in matters of public environment. However there are certain laws which protects the interest of certain weaker section of the society. For example the socially and economically backward classes, the schedule caste and tribes are given reservation in employment, school and college admission etc. Article 17 on the constitution deals with the abolishment. It forbids untouchability and declares it’s practice by anybody as a punishable offence.  

2. The right to freedom         

Freedom of the individual is the essence of democracy. Therefore our constitution guarantees every citizen the right to freedom. According to this all have freedom of thoughts. All citizens have equal rights to freedom of speech and expression. They can assemble peacefully and without arms. They can form associations or unions. They can move freely to any part of India. They can live in any part of India. They can practice any trade or occupation. Nobody can be punished except for the violation of law.

     Every individual’s life and personal liberty is protected. The constitution lays certain norms for arrest and custody. Every individual’s human rights is safeguarded in the constitution. But all these freedoms are not without any restrictions. One should exercise his freedom in such a way as not to affect the freedom of the others.

3. The right against exploitation

No individual can be forced or compelled to do work without wages. Women and children should not be exploited. Children should not be employed. They should not be engaged in dangerous works. Children below 14 years shall not be employed to work in any factory.

4. The right to freedom of religion

The constitution guarantees the religious freedom to all citizens of India. All religions are treated alike. Freedom is given to all religious bodies to manage there affairs. The government does not interfere the religious factories of the people except to maintain public order.

5. Cultural and educational rights

India is a land of many languages, scripts and cultures. There are many minority groups. They have the right to conserve their culture. They have the right to establish and administer educational institutions of their choice. The constitution provides protection for the cultural and educational right of all groups of people in India.

6. Right to constitutional remedies.

The right to constitutional remedies enables the citizen to go to the Supreme Court directly when there is any violation of the fundamental rights. 

FUNDAMENATL  DUTIES. 

The  Forty- second Amendment of the constitution added a new part to the Constitution – Part IV –A- incorporating ten Fundamental duties of the citizen under Article 51-A. The intention is to place before the country a code of conduct which the citizens are expected to follow in their actions and conduct. The fundamental duties are as follows.

It shall be the duty of every citizen of India

1. To abide by the Constitution and respect its ideals and institutions, the National flag and the National Anthem;
2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. To defend the country and render national service when called upon to do so;
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
6. To value and preserve the rich heritage of our composite culture;
7. To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;                             
8. To develop the scientific temper, humanism and the spirit of inquiry and reforms;
9. To safeguard public property and to abjure violence;
10. To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement.
11. It is the Duty of all parents / guardians to send their children in the age group of 6-14 years to school

THE DIRECTIVE PRINCIPLES 

There are nineteen Articles of the Constitution that deal with the Directive Principles. These cover a wide range of state activity embracing economic, social, legal, educational, administrative, cultural and international problems. The most important of these are the following:

1. To secure and protect a social order which stands for the welfare of the people. (Article 38.)
2. In  particular, the state  shall direct its policy towards securing:

a.              adequate means of livelihood to all citizens;

b.              a proper distribution of the material resources of the community for the common good;

c.              the prevention of concentration of wealth to the common detriment;

d.              equal pay for equal work for both men and women;

e.              the protection of the strength and health of the workers and avoiding circumstances which force citizens to enter avocations unsuited to their age or strength; and

f.               the protection of childhood and youth against exploitation or moral and material abandonment. (Article .39)

3.              To provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities (Article.39A)

4.              To organize village panchayats as units of self – government. (Article .40)

5.              To secure the right to work, education and public assistance in cases of undeserved want, such as unemployment, old age, sickness, etc. (Article.41)

6.              To secure just and humane conditions of work and maternity relief.(Article .42)

7.              To secure work, a  living wage, a decent standard of life, leisure and social and cultural opportunities for people, and in particular to promote cottage industries. (Article 43).

8.              To secure the participation of workers in the management of undertakings engaged in any industry. (Article. 43A).

9.              To secure uniform civil code applicable to the entire country. (Article. 44).

10.           To provide, within ten years from the commencement of the Constitution, free and compulsory education to all children up to the age of fourteen years. (Article. 45).

            The Constitution Eighty-sixth Amendment Act of 2002 has amended this provision as follows:

            45.Provision for early childhood care and education to children below the age of six years: The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

            Amendment of Article 51A:-

            In Article 51A of the constitution, after clause (j) the following clause shall be added, namely:

            (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.

11.           To promote with special care the educational and economic interests of the weaker sections of the people, especially the Scheduled Castes and Tribes. (Article. 46)

12.           To secure the improvement of public health and  the prohibition of intoxicating drinks and drugs. (Article. 47).

13.           To organize agriculture and animal husbandry on scientific lines and preserve and improve the breeds and prohibit the slaughter of cows, calves and draught cattle. (Article. 48).

14.           To protect and improve the environment and to safeguard the forests and wild life of the country. (Article. 48A).

15.           To protect all monuments of historic interest and national importance. (Article 49)

16.           To bring about the separation of the judiciary from the executive. (Article. 50).

17.           To endeavour to secure:

a.              the promotion of international peace and security;

b.              the maintenance of just and honourable relations between nations;

c.              foster respect for international law and treaty obligations in the dealings of organized people with one another; and 

d.              the settlement of international disputes by arbitration. (Article. 51).

Difference between Fundamental Rights and Directive Principles

Sl no	Fundamental Rights	Directive Principles
1	Govt can not take away	Mere instruction to Govt.
2	Enforceable in law courts	Not enforceable in any court
3	Govt can’t take policy decisions on these rights	Govt has power to make policy decisions on these principles
4	Strengthens  political democracy	Ensures social and economic democracy
5	These are natural rights	Lead to protect human rights

CONSTITUTIONAL PROVISIONS OF EDUCATION IN INDIA

1.Article 21 A: Right to education

            The constitution (86^th Amendment ) Act, 2002 added Article 21A stating that “The state shall provide free and compulsory education to all children of the age six to fourteen years in such a way as the state may, by law, determined”.

            Thus it has become the duty of the state to provide all facilities for the education of children between the age of six and fourteen. Every citizen has the right to approach the apex court demanding a court order under the provisions of the constitution.

2.Article 45: Provision for free and compulsory education for children

            “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 constitution (86^th Amendment ) Act, 2002 modified article 45 as follows “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: 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”.

4.Article 51A(k): Fundamental duty of parents

            The constitution (86^th Amendment) Act, 2002 added a new clause to the article 51A namely clause (k) which is read as follows: “it shall be the duty of every citizen of India, 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”.

5.Article 30

            Right of minorities to establish and administer educational institutions of their choice.

Freedom (copy from right to freedom from the topic fundamental rights)

Freedom of the individual is the essence of democracy. Therefore our constitution guarantees every citizen the right to freedom. According to this all have freedom of thoughts. All citizens have equal rights to freedom of speech and expression. They can assemble peacefully and without arms. They can form associations or unions. They can move freely to any part of India. They can live in any part of India. They can practice any trade or occupation. Nobody can be punished except for the violation of law.

     Every individual’s life and personal liberty is protected. The constitution lays certain norms for arrest and custody. Every individual’s human rights is safeguarded in the constitution. But all these freedoms are not without any restrictions. One should exercise his freedom in such a way as not to affect the freedom of the others.

Justice

Justice ensures that the freedom of one does not become tyranny for another. The Justice to be truly meaningful needs sharing of power, compassion towards under-privileged and empathy towards the disadvantage. An education of rights and duties becomes important to ensure to fight for justice.

Equality 

Equality is the state of being treated equal in rights, status, opportunities etc. political equality means that the individual's right to life, liberty and property is respected and that government abstains from conferring any special advantage or inflicting any special harm upon one individual (or group) in distinction to another.  Equality is the basis of a democratic state. Equality is necessary for the development of a society.  

Fraternity

The term fraternity has been incorporated in the Preamble as a means of assuring the dignity of the individual and the unity and integrity of the nation. The term ‘dignity of the individual’ means that the personality of the individual should be recognized, because, the recognition of the personality and the dignity of the individual is an essential condition to promote fraternity among the people.

Democracy 

The Preamble describes India as a democratic state. The prime philosophy and ideal of the Indian Constitution is to make India a democratic state. India is regarded as the largest democratic state in the World. According to Abraham Lincoln, “Democracy is by the people, for the people and of the people. Democracy is a system of government in which the citizens exercise power directly or elect representatives from among themselves to form a governing body, such as a parliament

Secularism

The characteristic of Indian secularism is that India does not recognize any religion as the official or state religion and treats all religions equally

Socialism

The Constitution of India has a great objective to secure social and economic equality and fair distribution of wealth among all sections of people in the country.