Constitutional Provisions Relating to Education

A presentation on Constitutional provisions related to education

1. Constitutional Provisions Relating to Education Dr. S. Prakash Principal Thiagarajar College of Preceptors Madurai.

2. Content Education in the indian constitution The preamble Various constitutional provisions relating to education Education in the concurrent list

3. Education in the Indian constitution Indian constitution contains a preamble, 22 Schedules, 12 Appendices and 39 Articles. The fourth schedule in the constitution deals with the “Directive principles” which gives the directive guidelines for the Government to frame its policies. Once can not approach the court to get direction to implement the Directive principles.

4. The seventh Schedule of the constitution lists the educational responsibilities of the Central and State Governments. List I , called the ‘Union List’ narrates the responsibilities of the Central Government . List II pertains to the responsibilities of the State Governments. List III called the “Concurrent List” deals with those items that come under the joint responsibilities of the Central and State Governments

5. The Preamble The preamble of the constitution states: “We the people of india , having solemnly resolved to constitute india into a Sovereign,secular , Democratic Republic to secure to all its citizen Justice : Social, economic and political Liberty : Thought, expression, belief, faith and worship Fraternity : Assuring the dignity of the individual and the unity and the integrity of the nation Equality : Status and of opportunity and to promote among them all

6. Various Constitutional Provisions Relating to Education Article 45: Provision for free and compulsory education

7. Article 46: Promotion of Educational and Economic Interests of Weaker Sections of Society

8. Provisions Safeguarding the Educational Rights of the minorities Article 28 : Freedom as to Attendance at Religious Instruction or Religious Worship in Educational Institutions Clause(1) Clause(2) Clause(3)

9. Article 29, Clause(2): Right of Admission in Educational Institution Article 30: Right of Minorities to Establish and Administer Educational Institutions Clause(1) Clause(2)

10. Provisions in the Seventh Schedule Union List(List I) – (Higher Education and Research) 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 List I (Union List) Article 63 Article 64 Article 65 Article 66

11. ‘State List’(List II) ‘Education’ had been kept under List II and the role and responsibilities of State Governments have been recognised . It is the responsibility of the State Governments to plan and undertake all possible measures for the growth and development of education at all levels. School education, in particular, had been under absolute care and rule of the State Governments.

12. Concurrent List (List III) Entry 25 of the concurrent List includes “Education including technical education, medical education and Universities and Research Institutions and vocational and technical training of labour ”.

13. Education in the Concurrent List The 42 nd Amendment, 1976 changed the status of education by shifting it from the State List to the Concurrent List . The implications of this Amendment is that both the Centre and States can legislate on any aspect of education from the primary to the University level. In case of any dispute, legislation framed by the Central Government will have overriding authority .

14. By having education in the concurrent list, the Centre can implement directly any policy decision in the States. In the recent times, demands are raised by some States (including Tamilnadu ) that education should be shifted back to the State List.

15. Arguments in Favour of Retaining Education a Concurrent Subject To Ensure Uniformity in Education Better Implementation of Educational Policies Better Utilisation of Funds Quality Leadership from the Central Government Improvement in Standards For Better Discipline

16. Arguments Against Retaining Education Concurrent Subject Based on Democratic Values States have Better Appreciation of Local Needs Free from Red Tapism Sense of Security to Minorities Unity in Diversity

17. Prevailing Majority Majority among the education experts feel, ”The Centre which controls the purse strings, necessarily has the most dominating voice in the over-all determination of policies, priorities and programmes . From this point of view, therefore, education begins to look not only as a joint responsibility, but almost like a ‘partnership’ in which the Government of India, plays the role of the ‘Big Brother’.

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