Constitution and education

Concurrent status
• 1976 42nd amendment
• What is concurrent status?
• Disputes settlement ?
• Arguments in favor
• 1. ensure uniformity in policy
• 2. Better implementation
• 3. utilization of fund
• 4. quality leadership
• 5. better discipline
• 6. improve Standards
Against

• Democratic
• State Know local needs
• Free from Red tapism
• Security to minority
• Unity in diversity
1.Universal Free and compulsory education
• Article 45
• -Universal Free and compulsory education as the responsibility of
central and state
• Definition of State by art 12
• Right to education act 2002
• Operation Black Board
• National literacy mission.
• Night schools and Distance /open, national institute for open learning
• Directive principle and Article 21A 86 th amendmend act
• Article 45

• The state shall endeavour to provide within the period of 10 years

from the commencement of this constitution, for free and
compulsory education for all children until they complete the age of
14 years.” – Article 45, Directive Principles of State Policy.
• Article 45 of the constitution provides the provision for free and
compulsory education.
• Right to Education Act 2009 is a constitutional act related to education in
the Indian Constitution. This act has come into force on April 1, 2010. This
act gives the Right to Education the same legal status as the right to life.
• Section 21(A) –
• The state shall provide free and compulsory education to all children aged
6 to 14 years in the manner determined by law (86 amendment, Act 2002).
• The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A
into the Indian Constitution, declaring right to education a Fundamental
• Amendment 93 (Primary Education a Fundamental Right) –
• Primary education is now a ‘Fundamental Right’ under the 93rd
amendment to the constitution. It is now a legal right.
2. Right of minorities to establish and administer
educational institutions
• Minorities are granted the ability to establish and administer their
own educational institutions by the Constitution of India.
• Article 30 is sometimes known as the “Charter of Education Rights.”
This article states that
• “All minorities whether based on religion or language shall have right to
establish and administer educational institutions of their choice”
• “The states shall not discriminate against any educational institution
in respect of granting aid, on the ground that it is under the
management of a minority whether based on religion or language
3.Language safe guard

• 29(1) right to preserve culture and language

• 350B special officers for linguistic minorities
4.constitutional Provisions for education of SC and
ST in India(weaker sections)
• The Indian constitution requires the government to promote the
educational interests of the socially, culturally, and economically
disadvantaged sections of society.
• There are many provisions made in our constitutions for the upliftment of
weaker sections of our society like, Article 14, 15, 17,46, 338, 339 and 340.
• Out of many such articles, article 15 and 46 of the constitution give
provisions related to the education of SC and ST (weaker sections) in India
• Article 46 (govt is responsible for(economic and educational development
)states that “The state shall promote with special care the educational and
economic interests of the weaker sections of the society, particularly the
Scheduled Castes and Scheduled Tribes, and shall protect them from social
injustice and all types of exploitation”.
5.Secular education
• Art 25(1),28(1),28(2),28(3),30
• Follow any religion…
• 28()123
• Religious instruction in government funded institution
• Art 30 grants
• 6.Equality of opportunity in institution
• These constitutional provisions (Article 29 and 30) ensure that
minorities’ special interests are protected. Minorities are classified
according to their religion, linguistic script, or culture.
• Article 29- This article is related to the education, rights and interests
of minorities. This means that the constitution provides certain
safeguards for the cultural and educational interests of minorities. It
states that
• 29(1)- Any section of the citizen, residing in the territory of India or any part
there of having a distinct language, script or culture of its own, hall have the
right to conserve the same.
• 29(2)- No citizen shall be denied admission into any educational institution
maintained by the state or receiving aid out of state funds on grounds only of
religion, race, caste, language or any of them.
• Kothari –equalization of educational oppertunity
7.Instruction in mother-tongue at primary stage

• Our country is multilingual. The Indian Constitution establishes that

the study of one’s own language is a fundamental right of citizens.
• The Secondary Education Commission of 1952–53 proposed that the
mother tongue or regional language be used as the primary medium
of teaching throughout the secondary school stage.
• Additionally, the Kothari Commission (1964–1966) said that at the
college and university levels, mother tongue should be the medium of
instruction.
• In respect to this issue, Article 350A provides Facilities for instruction
in mother-tongue at the primary stage.
• Article 29(1)conserve culture language and scripts
8.Promotion of Hindi

• The Indian Constitution calls for Hindi to be developed and promoted

as the country’s official language.
• Article 351 of the Indian constitution has a Directive for the
development of the Hindi language
• Part of it states that 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.
9.Higher education and research
Entries 63/64/65/66
63. The institutions known at the commencement of this Constitution as
the Benares Hindu University, the Aligarh Muslim University and the Delhi
University; the University established in pursuance of Article 371-E; any
other institution declared by Parliament by law to be an institution of national
importance.
64. Institutions for scientific or technical education financed by the
Government of India wholly or in part and declared by Parliament by law
to be institutions of national importance.
65. Union agencies and institu1tions for -
(a) professional, vocational or technical training, including the training of
police officers; or
(b) the promotion of special studies or research; or
(c) scientific or technical assistance in the investigation or detection of crime.
66. Co-ordination and determination of standards in institutions for higher
education or research and scientific and technical institutions
• 10. Education for women

• One of the prominent elements of contemporary Indian education

and its policies is the promotion of women’s education.
• Article 15 (3) of the constitution empowers the state to create specific
provisions for women, including education.
• Article 15(1) According to this article, the state shall not discriminate against
any citizen on the basis of gender, religion, race, or place of birth.
• NPE –education as an agent of social change
• Article 51A Clause ‘K’ – It shall be the duty of every citizen of India
who is parent or guardian to provide opportunities for education to
his child or as the case may be, wards between the age of six and
fourteen years.
11.Education in union territories

• Article 239 of the constitution states,” Save as otherwise provided by

Parliament by how, every Union Territory shall be administered by the
President acting to such extent as he thinks fit, through an
administrator to be appointed by him with such designation as he
may specify.”
• This means that each union territory has its own education
department, and education in union territories has been the
responsibility of the union or centre government.
• Article 239 rule by president or admin appointed by president
12.Educational and cultural relationship with
foreign countries

• Entry 13 participation in international conferences

• Implementation through Associations