Constitutional Provisions in Education

CONSTITUTIONAL PROVISIONS TO PROMOTE EQUITY THROUGH EDUCATION

(Please note that discussion given for each article should be elaborated further and connected to how the article can promote equity.  )

The Fundamental Rights of the Indian Constitution has also adopted the fourfold ideal of justice, Liberty, Equality and Fraternity. Our Constitution has laid down that in the eyes of law, everyone should have an equal status,  justice not be denied to anyone and  everyone should have liberty of thought, expression.

Following articles make provision to protect the rights of the vulnerable and assure that they are provided with education and protected by the law.

ü  Article 14: Equality before law:

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Discussion:

This is a fundamental right and cannot be easily taken away from an individual. The State does not recognize differences based on caste, religion, gender, social status, place of birth etc. This ensures equality to all citizens. Equality ensures that all citizens have the same opportunities to progress.

ü    Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex and place of birth:

1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
2. No citizen shall be subject to any restriction or condition with regard to -
1. access to shops, public restaurants, hotels and places of public entertainment; or
2. the use of wells, tanks, bathing ghats, roads and places of public resort maintained whole or partly out of State funds or dedicated to the use of general public.
3. Nothing in this article shall prevent the State from making any special provision for women, children, socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Discussion:

The article supports fundamental rights. It provides special provisions for uplift of the marginalized. In 2006 this article was amended according to the 93^rd amendment to include special provisions with respect to admission of the socially and educationally backward classes. Women’s education has seen a lot of development. Special facilities are made for education of women.

ü Article 21A: Right to Education:

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. (RTE followed from this article)

Discussion:

Education is free upto school level. Girls have free education upto Class XII. Education is now considered a right. The salient features of the Right of Children for Free and Compulsory Education are :Free and compulsory education to all children of India in the six to 14 age group; No child shall be held back, expelled, or required to pass a board examination until completion of elementary education; A child who completes elementary education (upto class  shall be awarded a certificate; Calls for a fixed student-teacher ratio;  Provides for 25 percent reservation for economically disadvantaged communities in admission to Class One in all private schools; Mandates improvement in quality of education; School teachers will need adequate professional degree within five years or else lose job; School infrastructure (where there is problem) to be improved in three years, else recognition cancelled; Financial burden will be shared between state and central government.

ü Article 29(2)

states “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.” (This should be understood in connection with 29(1) which is in connection with interests of minorities)

ü Article 45: Provision for early childhood care and education to children below the age of six years.

This article is considered as a directive principle of state policy. It states ‘The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years. The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.’ Amended Text as per the 86th Amendment of December, 2002 and passed by Parliament in July 2009.

Discussion: 

Primary Education is a basic need for every child, no matter what caste or creed. Programs as Sarva Shiksha Abhiyan are efforts to achieve universalization of education.

ü Article 46: Promotion of the economic and educational interests of  the Scheduled Castes, Scheduled Tribes and other weaker sections :

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, and shall protect them from social injustice and all forms of exploitation. It is laid down in Article 46 as a directive principle of State policy that the State should promote with special care the educational and economic interests of the weaker sections of the people and protect them from social injustice. Any special provision that the State may make for the educational, economic or social advancement of any backward class of citizens may not be challenged on the ground of being discriminatory.

Discussion:

Special efforts are being made for education of the backward classes. Scholarships, hostel facilities, ashram residential schools, relaxed norms for admission, reservation of seats are efforts to achieve universal education in case of backward classes.

All the above articles of the Constitution provide adequate protection to the vulnerable groups of society. If there is any instance of marginalization, the affected person can approach the court of law and seek justice.