Education, its values and relevance, finds an important place in the constitution of India. It provides the conception of the economic and social order for which youth of the country should be educated. Its preamble has reflects the National echoes, and the objectives of National policy. It contains the sign posts for the Nation to go ahead and achieve its aim.
The National goal as envisaged in the preamble of the Constitution speaks of the vision of the Nation and every citizen owes his allegiance to it. Democracy, Socialism and Secularism emerge and guide to the national activities. This preamble has been described as an identity card of the Constitution. It indicates the high moral tone and tenor of the Constitution. In brief, it is a solemn pledge given to the Nation.
As amended in 1876, the Preamble to the Constitution summarizes the aims and objectives of the constitution.
“We” the people of India, having solemnly resolved to Constitute India into a Sovereign Socialist Secular Democratic Republic and to all its citizens justice social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of the status and of opportunity, and promote among them all; Fraternity assuring the dignity of the individual and the unity and integrity of the Nation.
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At the beginning educational responsibility was divided between the Government of India and the States. As per Entry II of the List II of the 7th schedule to the Constitution, Education was declared as a State subject. Education in the Union territories and centrally administered areas became the direct responsibility of the Government of India.
The Entries 63, 64, 65 and 66 of List I and Entry 25 of the List III are known to be the centurial functions and joint functions of the Central as well as the State Governments respectively
The Legislature powers of three Lists namely (i) The Union List (ii) The State List, and (iii) the Concurrent List. According to Article 246, Parliament has exclusive powers to make laws in respect to the matters described in the Union list.
The State Assembly can make laws on any matter given in the State List. Both parliament and State legislatures are competent to prepare laws on any matters enumerated in the Concurrent List. For matters not mentioned in this list, the Parliament can legislate.
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In case of conflicts between the laws prepared by the Parliament and Assembly the former legislation will supersede. However despite such a conflict, State law may prevail if it is reserved for the consideration of the President and received his assent.
Parliament may at any time make law repealing or amending such a state law. Parliament may enact laws on any matter in the State list of national importance.
Till recently Education was a State subject, but after the 42nd Amendment of the Constitution, it was put on the concurrent list. To quote the Swaran Singh committee, “Agriculture and education is subject of prime importance to country’s rapid progress towards achieving desired socio-economic changes. The need to evolve All-India policies in relation to these two subjects cannot be overemphasized. Item 25 of the concurrent list includes.
Education, including technical education, medical education and universities subject to entries 63, 64, 66, of list I, vocational and technical training of labour
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List I: List of union subjects:
This list consists of 97 subjects. Items 63, 64, 65, 66, relate to Education. Item 63, relates to universities administered by the Central Government; Item 64 relates to scientific institutions of National Importance. Item 65, includes institution for professional: vocational or technical training including training of police officers.
Item 66 relates to co-ordination and determination of standards in institution for higher education or research and scientific and technical institution. Item 13 of the Union list includes participation in international conferences, associations and other bodies and implementing decisions made there at. In Article 239 Education in the Union territories comes under the Central responsibility.
List II: List of state subjects:
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It consists of 66 subjects and the following are concerned with education item 11. Education including universities, subject to the provisions of entries 63, 64, 65 and 66 of list I and entry 25 of list III. Entry 12; libraries, museums and other similar institutions controlled or financed by the State, ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance. List III: List of concurrent subjects
This List is of 47 items. The following are related to education 20, Economic and Social Planning 25, Vocational and technical training of labour.
The various Constitutional Provisions relating to Education are as given below
1. Free and compulsory education:
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Under Article 45, the Constitution makes the following provisions. “The State shall endeavour to provide within a period of ten years from the commencement of the Constitution, for free and compulsory education for all children until they complete the age of 31 years”.
The expression ‘State which occurs the article is defined in Article 12 to include” the Government and Parliament of India and the Government and the legislature of each of the States and all local or other authorities within the territory of India of under the control of the Government of India.
2. Religious instruction:
Article 28 (i) Speaks: “No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
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To quote Article 28 (3) “No person attending any educational institution recognised by the State or
receiving and aids out of State Funds shall be required to take part in any religious instruction that may be imparted in such institutions or to attend any religious worship that may be communicated in such Institution or in any premises attached there to unless such persons or if such person is a minor his guardian has given his consent there to”.
3. Language safeguard:
Article 29 (1) states “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 shall having the right to conserve the same”. Article 350 (A) says. It shall be the endeavour of the State to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minorities.
According to Article 29 (1) “No citizen shall be denied admission into any educational institution maintained by the State or receiving any aid out of State Funds on ground only of religion race, caste, language or any of them.
Article 30 is related to “rights of minorities to establish and administer educational institutions. It reads; (i) all minorities whether based on religion or language shall have the right to establish and administer educational institutions of their choice, (ii) The State shall not, in granting an Aid to educational institutions discriminate against any educational institution on the ground that is under the management of a minority, whether based on religion or language.
6. Education of weaker sections and scheduled castes :
Article 46 speaks as follows: “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 scheduled tribes, and shall protect them from social injustice and all forms of exploitation. It is one of the Directive Principles of State Policy.
7. Article 337 is related to the special provision respect to educational grants for the benefit of the Anglo-Indian Community.
8. Article 350 (A) is related to the facilities for instruction in mother tongue at primary stage. It reads: “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 group, and the President may issue such direction to any State as he considers necessary or proper for securing the provision of such facilities.
9. Article 351 relates to directive for development of the Hindi language.
10. Article 239 relates to Education in the Union Territories.
11. Parliament has the exclusive rights to enact legislation in respect of institutions and union Agencies mentioned in entries 62, 63, 64, 65 and 66 of the List I.
12. Entry 13 of the Union list relates to participation in international conference, association and the other bodies and implementing of decision made there at.