Constitutional Law and Education

Rathi K. N.Sri Ramakrishna Mission Vidyalaya College of

Education, Coimbatore

Constitutional Law and Education

“Be you ever so high the law is above you”

Cabinet mission (1946)

• General Election in Britain in 1945• Returned Labor Party to Power• Atlee, New Prime Minister• A mission of cabinet ministers to India on

February 19, 1946 and reached in India on March 24

• Negotiation with Indian Leaders • Conflict between Muslim League and

Congress.• Mission recommendation for new constitution

Cabinet mission (1946)

Indian Independence Act, 1947

Indian Independence Act, 1947

• Viceroy Mountbatten announced August 15, 1947 as the date for transfer of power (when the Indian independence Act 1947 was enforced)

• Two Independence dominance – India and Pakistan

What is constitution ?

A constitution means a document having a special legal sanctity which sets out the frame work and the principal function of the organs of the government of a state and the principles governing the operation of those organs

Drafting of the Constitution

Drafting of the Constitution

• On August 29, 1947 the constituent Assembly appointed a Drafting committee consisting of

• Alladi Krishnaswami Ayyar• N.Gopalaswami Ayyanger• B.R Ambedkar,• K.M Munshi,• Mohd. Saadulla• B.L Mitter• D.P Khaitan

Three forms of constitution

1. Unitary 2. Federal3. Co federal

PREAMBLE of Indian Constitution

PREAMBLE

A statement at the beginning of a speech or piece of writing, giving

it’s reason and purpose

Is the Preamble part of Constitution or not ?

Preamble

We the people of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and secure to all citizen :

Justice social, economic and political;

Liberty of thought, expression, belief, faith and worships

Equality of status and of opportunity and to promote among them all;

Fraternity assuring dignity of the individual and the unity and integrity of the nation;

In our Constituent Assembly this twenty sixth day of November, 1949 do Hereby Adopt, Enact and give to Ourselves this Constitution.

This can be divided in to four parts I st indicate the source of authority/authority

clause (We the people of India in the Constituent assembly)II nd indicate the type of government sought

to be established (Sovereign, Socialist, Secular, Democratic, Republic)

III rd sets out certain objectives/Objective clause (Justice, Liberty, Equality, fraternity)

IV th relates to adoption and enforcement if the constitution ( 26 day of November 1949 do hereby adopt)

( socialist, secular & integrity -Added in the constitution by 42 Amendment Act1976)

Secularism

Democracy

System of Government in which supreme powers are vested in the people.

Rulers are elected by the people and are responsible to them.

PART III - Fundamental Rights

Divided in to Six Categories

1.Right to Equality – Article 14 to 182.Right to Freedom- Article 19 to 223.Right against exploitation – Art. 23 & 244.Right to freedom of Religion – Art. 25 to

285.Cultural and educational rights – Art. 29 &

306.Right to constitutional remedies – Art. 32 -

35

Women Education

Article 15(1) - No discrimination on grounds of religion, race, caste, sex, place of birth or any of them.

Article 15(3) - No citizen shall on grounds only of religion, race, caste, sex, place of birth or any of the, be subject to any disability, liability restrictions or condition with regards to access to shop, public restaurants, hotels, and place of public resort maintained wholly or partly out of state funds or dedicated to the use of the general public.

16 (1) - Equality of opportunity in public employment

Art. 19 Right to Freedom

Article 19 (1)All citizen shall have the right-a) Freedom of speech b) Freedom of Assemblyc) Freedom of Associationd) Freedom movemente) Freedom to reside and to settlef) (Freedom to acquire hold and dispose of property –Has

been deleted by 44th Amendment Act 1978)g) Freedom for Profession, occupation, Trade or

Business

Education as Fundamental Right

Article 21A- Free and compulsory education to children

Article provides that ‘the state shall provide free and compulsory education to all children of the age of six to 14 years, in such manner as the state may by law determine’.

(Added by 86th Amendment Act 2002, Before this Amendment the provision for free and compulsory education was contained in Article 45 which is in the chapter in Directive Principles of the State policy)

Fundamental duty of parents

In 86th Amendment, a new clause (k) in Article 51A, fundamental duty, has been imposed on parents and guardians of children between 6 to 14 years to provide the opportunities for education.

It may be noted that the manner of providing free and compulsory education under Art.21A shall be determined by law made by the state.

Right against child labour

Art.23 & 24 Right against exploitation

Art.23-Prohibition of traffic in human beings and forced labourArt.24-Prohibits employment of children below the age of 14 years in factories and mines etc.

Religious education

Art. 25 – 28 Freedom of Religion

Art.28 (1)No religious instruction can be provided in any educational institution that or maintained wholly out of the state funds

Art.28 (2)nothing in (1) shall apply to an educational institution which is administered by the state but has been established under any endowment or trust which requires that religious instruction shall be imparted in such a situation.

Right to minorities to establish and administer educational institutions

Art. 29 & 30 Cultural and Educational Right

Art.29 and 30 are intended to protect the minorities so as to enable them to conserve their own language, script and culture and prevent discrimination against minorities on grounds only of religion, race, language or any of them in educational institutions.

Right to remedy

Right to remedy Art.32

If a fundamental right of any person is violated, he can approach the Supreme Court for remedy and the latter is duty bound to provide remedy.

A right without a remedy is a meaningless formality. It is the remedy which makes right real.

Part IV - Directive Principles of state policy

Article 36 to 51 directive principles of the state policy

Provide early childhood care and education to all children who do not complete the age of 6 years. (Art. 45 Added by 86 Amendment Act 2002)

Promotion of educational and economic interest of SC & STs and other weaker sections (Art. 46)

Education in Concurrent list

Education functions of central and state government

Special provisions

Art. 337Special provision with respect to educational grants for the benefit of Anglo-Indian Community.

Art.338Special Officer for scheduled caste, scheduled tribe officer to investigate all matters relating to the SC,ST and report to the President.

Mother tongue

Art.350AFacilities for instruction in mother tongue at

the primary stage of education to children belonging to linguistic minority groups; and president may issue such direction to any state as he considers necessary or proper for securing the provision of such facilities

National Language

Art.351Directive for development of the Hindi

language:

It shall be the duty of the union to promote that it may serve as a medium of expression for all the elements of the composite culture of India.

Thank you