Ch 6 - The Constitution of India and Education

Chapter 6: The Constitution of India and Education

Introduction for Student-Teachers:
Dear future teachers, our Constitution is not just a political document; it is a promise for our future. It recognizes that for a democracy to thrive, its citizens must be educated. As you prepare to teach the youngest citizens of Punjab, understanding the constitutional provisions for education is crucial. It tells you that your role is not just a job, but a constitutional mission to build a just and equal society. This chapter will connect the law of the land directly to your classroom.

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6.1 CONSTITUTIONAL PROVISIONS FOR EDUCATION

The framers of our Constitution placed great importance on education. They embedded it in various parts of the document to ensure the state works towards creating an enlightened society.

These provisions can be studied under the following categories:

I. Fundamental Rights and Education

These are justiciable rights—meaning citizens can go to court if they are denied.

1. Right to Equality (Articles 14-18):

• What it says: The state shall not deny any person equality before the law.
• Link to Education: No child can be denied admission to any government or government-aided school on grounds of religion, race, caste, or language.
• Your Classroom Example: You must treat every child in your class—whether from a Scheduled Caste, a Muslim family, or a Punjabi Hindu family—with equal respect and provide equal learning opportunities.

2. Right Against Exploitation (Article 24):

• What it says: No child below the age of 14 shall be employed in any factory, mine, or hazardous work.
• Link to Education: This protects children from child labour, freeing them to go to school. As a teacher, if you see a child missing school regularly for work, you have a role in reporting it or creating awareness.

3. Cultural and Educational Rights of Minorities (Articles 29 & 30):

• Article 29: Protects the language, script, and culture of minorities. It also says no citizen shall be denied admission to state-funded educational institutions based only on religion, race, caste, or language.
• Article 30: Gives all religious and linguistic minorities the right to establish and administer their own educational institutions. The government cannot discriminate against them in giving grants.
• Punjab Context: This is why we have Sikh minority institutions (like Khalsa schools) and Christian missionary schools (like Convent schools). They can preserve their religious ethos while receiving state aid.

4. Right to Education (Article 21A) – The 86th Amendment, 2002:

• What it says: "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."
• This is a HUGE provision. It made elementary education a Fundamental Right.
• It led to the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
• Key Features of RTE (Very Important for Teachers):
• Free Education: No child shall pay any fee, charge, or expense that may prevent them from completing elementary education (Class 1-8).
• Compulsory Education: The government and local authorities have an obligation to ensure every child aged 6-14 is in school.
• No Detention Policy (Initially): Up to Class 8, no child can be held back or expelled. (This has seen some state-level revisions).
• 25% Reservation: Private unaided schools must reserve at least 25% of their entry-level seats for children from economically weaker sections (EWS), funded by the government.
• Quality Norms: Specifies standards for Pupil-Teacher Ratio (PTR), infrastructure (one classroom per teacher, drinking water, toilets, playground), and minimum working days.

II. Directive Principles of State Policy and Education

These are guidelines for the government to frame policies. They are not directly enforceable in court but are fundamental to governance.

1. Early Childhood Care and Education (Article 45 – amended):

• Original: Aimed for free and compulsory education for all children until age 14 within 10 years (by 1960).
• After 86th Amendment: Now reads, "The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years."
• Link to You: This highlights the importance of pre-primary education (PP1, PP2) or Anganwadis. As a primary teacher, you should understand that a child's readiness for Class 1 depends heavily on quality early childhood care.

2. Promotion of Educational Interests of Weaker Sections (Article 46):

• What it says: "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..."
• Link to Education: This is the constitutional basis for scholarships, hostels, special coaching, and reservation policies for SC/ST students.
• Your Role: To create an inclusive classroom where children from SC/ST communities feel welcomed, supported, and free from any form of discrimination.

3. Secular Education (Article 28):

• What it says:
• (1) No religious instruction shall be provided in any educational institution wholly maintained by state funds (e.g., government schools).
• (3) No person attending a state-recognized or state-aided school shall be required to take part in any religious worship or instruction without their (or their guardian's) consent.
• Link to Education: This ensures the secular character of state schools. In your government school, you cannot teach any one religion as a belief system. However, you can teach about religions as part of ethical or social studies.
• For Private Schools: Minority institutions (like Sikh, Muslim, Christian schools) can impart religious instruction but cannot force it on students from other faiths.

III. Other Important Provisions

1. Instruction in Mother Tongue (Article 350A):

• What it says: It shall be the endeavour of every state to provide adequate facilities for instruction in the mother tongue at the primary stage to children belonging to linguistic minority groups.
• Critical for Punjab: For a Punjabi-speaking child in a non-Punjabi state (e.g., Tamil Nadu), this article promises facilities. Within Punjab, it reinforces the importance of using Punjabi as the primary medium of instruction in early classes to build a strong cognitive foundation.
• NEP 2020 Connection: The new policy strongly advocates teaching in the mother tongue/regional language till at least Class 5.

2. Promotion of Hindi (Article 351):

• What it says: It is the duty of the Union to promote the spread of Hindi so it may serve as a medium of expression for India's composite culture.
• Note: This is about promotion, not imposition. In Punjab, students learn Hindi as a link language, alongside Punjabi and English.

3. Education of Women (Article 15(3)):

• What it says: Allows the state to make special provisions for women and children.
• Link to Education: This enables schemes like free education for girls, cycles for girls, Kasturba Gandhi Balika Vidyalayas, and reservations in educational institutions to bridge the gender gap.

4. Fundamental Duty of Parents (Article 51A(k)):

• What it says: Added by the 86th Amendment. It is the duty of every parent or guardian to provide opportunities for education to their child/ward between the ages of 6 and 14.
• Your Role: You can use this to engage with parents. Educating their child is not just a choice; it is their constitutional duty.

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Conclusion: The Constitution in Your Classroom

As a primary school teacher in Punjab, you are a key agent in fulfilling the Constitution's vision. Every time you:

• Ensure a girl child attends regularly, you uphold Article 15(3).
• Use Punjabi stories to teach, you respect Article 350A.
• Make your classroom inclusive for a Dalit child, you enforce Articles 15 and 46.
• Welcome a child from the 25% EWS quota in a private school, you implement Article 21A.
• Teach children about different festivals without bias, you practice secularism (Article 28).

The Constitution is not a distant law book; its pages come alive in your classroom every single day. By understanding these provisions, you teach not just subjects, but constitutional values that will shape responsible citizens of tomorrow's India.

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EXERCISE: QUESTIONS & DETAILED ANSWERS

1. Give information about constitutional provisions relating to education.

Introduction:
The Constitution of India lays down a comprehensive framework for the development of education as a fundamental tool for achieving social justice, equality, and national progress. These provisions are embedded in various parts of the Constitution, primarily under Fundamental Rights, Directive Principles of State Policy, and specific articles for special groups.

Detailed Information on Constitutional Provisions:

A. Provisions under Fundamental Rights (Enforceable by Law):

1. Right to Equality (Articles 14-18): Prohibits discrimination in state-maintained or aided educational institutions on grounds of religion, race, caste, sex, or place of birth.
2. Right Against Exploitation (Article 24): Prohibits child labour (below 14 years) in hazardous occupations, thereby safeguarding children's right to be in school.
3. Cultural & Educational Rights of Minorities (Articles 29 & 30):
• Article 29: Protects the cultural and linguistic identity of minorities and guarantees non-discrimination in admission to state-funded institutions.
• Article 30: Grants minorities (religious & linguistic) the right to establish and administer their own educational institutions and receive non-discriminatory state aid.
4. Right to Education (Article 21A) – 86th Amendment, 2002: Makes education a Fundamental Right for all children aged 6-14 years. It mandates the state to provide free and compulsory education, leading to the landmark Right to Education (RTE) Act, 2009.

B. Provisions under Directive Principles of State Policy (Guiding Principles for Governance):

1. Early Childhood Care & Education (Article 45): Directs the state to provide early childhood care and education for all children until they complete six years of age.
2. Promotion of Weaker Sections (Article 46): Enjoins the state to promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections with special care.
3. Secular Education (Article 28): Prohibits religious instruction in fully state-funded schools and protects individuals in state-aided schools from being forced into religious activities.

C. Other Specific Provisions:

1. Instruction in Mother Tongue (Article 350A): Encourages provision of facilities for instruction in the mother tongue at the primary stage for linguistic minorities.
2. Education for Women (Article 15(3)): Empowers the state to make special provisions for women, enabling affirmative action like scholarships and reserved seats.
3. Fundamental Duty of Parents (Article 51A(k)): Makes it a duty of parents/guardians to provide educational opportunities to children aged 6-14 years.

Conclusion:
These constitutional provisions collectively envision an equitable, accessible, and high-quality education system. They aim to use education as a transformative force to eradicate social inequalities, protect diverse cultures, and build an enlightened citizenry for a strong democracy.

2. Write a note on the followings:

(a) Constitution and Women Education

Introduction:
The Indian Constitution recognizes the historical and social disadvantage faced by women and provides a strong mandate for their empowerment through education. This is achieved through enabling provisions that allow for affirmative action and positive discrimination.

Key Constitutional Provisions:

1. Article 15(3): This is the most significant provision. It states that "Nothing in this article shall prevent the State from making any special provision for women and children." This clause allows the government to create women-specific policies in education, such as:
• Reservation of seats for women in educational institutions.
• Exclusive girls' schools and colleges.
• Scholarship schemes for girls (e.g., Punjab's 'Mera Kamm, Meri Maan' scheme for girl cyclists).
• Free education for girls up to a certain level.
2. Fundamental Rights (Articles 14 & 15(1)): Guarantee equality before the law and prohibit discrimination on the basis of sex. This ensures girls have an equal right to admission and opportunities in all state-funded educational institutions.
3. Directive Principles (Article 39): Though not directly on education, it directs the state to ensure that men and women equally have the right to an adequate means of livelihood, for which education is a prerequisite.

Impact and Significance:
These provisions have legally backed numerous state and central government initiatives—like the Beti Bachao, Beti Padhao campaign, Kasturba Gandhi Balika Vidyalayas (residential schools for girls), and stipends—to improve female literacy rates and enrolment. The constitutional vision is clear: educating women is not a welfare activity but a fundamental necessity for national development and gender justice.

(b) Constitution and Secular Education

Introduction:
India's commitment to secularism is deeply embedded in its educational philosophy as outlined in the Constitution. Secular education means an education system that is neutral towards all religions, promotes scientific temper, and fosters mutual respect among different faiths.

Key Constitutional Provision: Article 28

• Clause 1: Prohibits religious instruction in any educational institution wholly maintained by state funds (e.g., government schools). This ensures government schools remain neutral grounds.
• Clause 3: Protects individual freedom. No student in a state-recognized or state-aided school can be compelled to take part in any religious worship or instruction without their (or their guardian's) consent.

Interplay with Other Provisions:

• Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
• Article 30: Minorities can run their own religious educational institutions. However, even these cannot force religious instruction on students of other faiths.

Practical Application in Schools:
In a government school in Punjab, a teacher cannot teach Sikhism, Hinduism, or Islam as the "true" faith. However, they can teach about the teachings of Guru Nanak, the values of Ramadan, or the story of Christmas as part of moral science, social studies, or a comparative religion class to promote understanding and respect. The morning assembly in a government school should be neutral, not focusing on one religion's prayers.

Conclusion:
Constitutional secularism in education aims to create a rational, tolerant, and harmonious society. It ensures schools become spaces for building national unity, not religious divisions, while fully protecting every individual's right to their personal faith.

(c) Constitution and Elementary Education

Introduction:
The Constitution places the highest priority on Universal Elementary Education (UEE), viewing it as the bedrock of an informed democracy and a just society. This commitment has evolved from a guiding principle to an enforceable fundamental right.

Evolution of Constitutional Provisions:

1. Original Directive (Article 45): Stated the state shall endeavour to provide free and compulsory education for all children until they complete the age of fourteen years within ten years (i.e., by 1960). This was a noble but non-justiciable goal.
2. The Transformative Amendment (86th Amendment, 2002): This was a landmark shift.
• It inserted Article 21A into the Fundamental Rights: Made education a fundamental right for children aged 6-14 years.
• It changed Article 45: Now focuses on Early Childhood Care and Education (ECCE) for children below six.
• It added Article 51A(k): Made it a fundamental duty of parents to provide education to their children in the 6-14 age group.
3. The Enabling Law (RTE Act, 2009): This Act operationalized Article 21A. Its salient features define modern elementary education:
• Free & Compulsory: No cost to parent; obligation on state to ensure enrolment and completion.
• Quality Norms: Mandates specific Pupil-Teacher Ratio (PTR), infrastructure (library, playground, toilets), and minimum instructional hours.
• No Discrimination & 25% Quota: Prohibits screening; reserves 25% seats in private unaided schools for EWS children.
• Child-Friendly: Bans corporal punishment, no-detention policy (initially), and continuous evaluation.

Significance for Teachers:
For a primary teacher (Grades 1-5), this means you are at the frontline of delivering a constitutional guarantee. Your responsibility extends beyond teaching to ensuring inclusion, retention, and joyful learning for every single child in your classroom, especially those from marginalized backgrounds. Programs like Sarva Shiksha Abhiyan (SSA) and its successor, Samagra Shiksha, are direct outcomes of this constitutional vision aimed at fulfilling the promise of quality elementary education for all.