Education and Policies
EDUCATION AND THE CONSTITUTION
The Constitution of a country includes the guiding principles for administration and development of the nation. Keeping in mind the provisions of the Constitution, its vision and aims, the policies for a country are developed. Education is a major aspect of the Constitution, which provides
a base for developing various policies for public education in the country. Addressing educational and many other related issues in India is really a challenge for the country, as because the diversities and pluralism in the sociocultural system which plays an important role. It is, therefore, difficult
to provide equal opportunities to each and every citizen of the country. Still we consider the diversities and pluralism of our society as our strength but not the weakness. Continuous efforts have been made to bring all types of diversities and pluralism to the mainstream society. To achieve this, various special provisions including education have been included in Indian Constitution.
Fundamental Rights and Education:
Fundamental Rights of citizens given in our Constitution have established the spirit of equality and have helped to preserve individual liberty. The following articles in the category of Fundamental Rights have a special bearing on education in India.
ARTICLE 14 -It states, “The State shall not deny to any person equality before law or equal protection of the laws within the territory of India”. Modern States exercise powers over the individual. The Right to Equality ensures that the powers of the State are not used in any discriminatory way. In relation to education it is invoked to regulate rules of admission and thus
acts for ensuring education to all.
ARTICLE l5 - This Article guarantees prohibition of discrimination on grounds of religion, race, caste, sex or place of birth by the State. It also ensures equality in educational opportunities in India.
ARTICLE l5 (4) – It enabled the government to make special provisions for the advancement of backward classes including the Scheduled Castes (SCs) and Scheduled Tribes (STs). It also ensures the reservation in educational institutes for the SCs and the STs.
ARTICLE l6 (1) – It guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under State.
ARTICLE l6 (4) – It ensures that the government can make reservations in favour of any backward class of the citizens.
ARTICLE 21A - It grants Right to Free and Compulsory Education to all the children of the age six to fourteen years in a manner as the State may, by law determine. Inserted by the 86th Amendment in December, 2002, this Article has accorded education the status of right for ensuring quality in
educational expansion at elementary level. At the commencement of the Constitution, education was included as a Directive Principles of the State Policy in Article 45 under Part IV of the Constitution.
ARTICLE 24 - States that no child below the age of fourteen years shall be employed in work in any factory or mine or engaged in any hazardous employment.
ARTICLE 28 – The institutions run by the State will neither preach any religion or give religious education nor will they favor persons of any religion. Under provisions of this Article, neither the State nor any other agency can impart religious instruction in any school totally managed by State funds. However, there is an exemption for the institutions established under any trust or endowment which requires that religious education be imparted in such institutions. The Article further provides that no person, attending State recognized and aided school, can be compelled to take part in any religious instruction without parental consent. This implies that while institutions established by minority communities are eligible for grant in aid from the State, they cannot compel students to follow the religious instruction imparted in the institution. They are allowed to maintain their religious character without imposing their religious ideology on any unwilling student.
ARTICLE 46 - It states that the State shall promote with special case the educational and economic interests of the weaker sections of the people and, in particular, of the SCs and the STs and shall protect them from social injustice and all forms of exploitation
Source:- IGNOU
The Constitution of a country includes the guiding principles for administration and development of the nation. Keeping in mind the provisions of the Constitution, its vision and aims, the policies for a country are developed. Education is a major aspect of the Constitution, which provides
a base for developing various policies for public education in the country. Addressing educational and many other related issues in India is really a challenge for the country, as because the diversities and pluralism in the sociocultural system which plays an important role. It is, therefore, difficult
to provide equal opportunities to each and every citizen of the country. Still we consider the diversities and pluralism of our society as our strength but not the weakness. Continuous efforts have been made to bring all types of diversities and pluralism to the mainstream society. To achieve this, various special provisions including education have been included in Indian Constitution.
Fundamental Rights and Education:
Fundamental Rights of citizens given in our Constitution have established the spirit of equality and have helped to preserve individual liberty. The following articles in the category of Fundamental Rights have a special bearing on education in India.
ARTICLE 14 -It states, “The State shall not deny to any person equality before law or equal protection of the laws within the territory of India”. Modern States exercise powers over the individual. The Right to Equality ensures that the powers of the State are not used in any discriminatory way. In relation to education it is invoked to regulate rules of admission and thus
acts for ensuring education to all.
ARTICLE l5 - This Article guarantees prohibition of discrimination on grounds of religion, race, caste, sex or place of birth by the State. It also ensures equality in educational opportunities in India.
ARTICLE l5 (4) – It enabled the government to make special provisions for the advancement of backward classes including the Scheduled Castes (SCs) and Scheduled Tribes (STs). It also ensures the reservation in educational institutes for the SCs and the STs.
ARTICLE l6 (1) – It guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under State.
ARTICLE l6 (4) – It ensures that the government can make reservations in favour of any backward class of the citizens.
ARTICLE 21A - It grants Right to Free and Compulsory Education to all the children of the age six to fourteen years in a manner as the State may, by law determine. Inserted by the 86th Amendment in December, 2002, this Article has accorded education the status of right for ensuring quality in
educational expansion at elementary level. At the commencement of the Constitution, education was included as a Directive Principles of the State Policy in Article 45 under Part IV of the Constitution.
ARTICLE 24 - States that no child below the age of fourteen years shall be employed in work in any factory or mine or engaged in any hazardous employment.
ARTICLE 28 – The institutions run by the State will neither preach any religion or give religious education nor will they favor persons of any religion. Under provisions of this Article, neither the State nor any other agency can impart religious instruction in any school totally managed by State funds. However, there is an exemption for the institutions established under any trust or endowment which requires that religious education be imparted in such institutions. The Article further provides that no person, attending State recognized and aided school, can be compelled to take part in any religious instruction without parental consent. This implies that while institutions established by minority communities are eligible for grant in aid from the State, they cannot compel students to follow the religious instruction imparted in the institution. They are allowed to maintain their religious character without imposing their religious ideology on any unwilling student.
ARTICLE 46 - It states that the State shall promote with special case the educational and economic interests of the weaker sections of the people and, in particular, of the SCs and the STs and shall protect them from social injustice and all forms of exploitation
Source:- IGNOU
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