Thursday, 8 March 2018

Total number of articles in the constitution of India on education

The major provisions and articles on education in the constitution of India





The various constitutional provisions regarding education in India are in accordance with our political , economic , social and cultural needs. These provisions aim at fulfilling the aspirations of the people through the medium of education. Some of the major areas covered by the constitution are :




1.  Divison of educational responsibility between the central government and the states.
2.  The official language of the union.
3.  Educational and cultural interests of minorities.
4.  Advancement of the weaker sections of the society.
5.  Universal primary education.
6.  Equality before law, for employment etc.





1.  Division of Educational responsibility :
 An important administrative issue dealt with in the constitution refers to the division of educational responsibility between the government of India and the states. The constitution makes education a state subject except for  education in Union Territories and centrally administrated areas and entries 63, 64, 65 nad 66 of list I and entry 25 list III. These entries are given in the following :

List 1. List of Union Functions :



Entry 63. The institutions known at the commencement of this constitution as the Banaras Hindu University , the Aligarh University and the Delhi University, and any other institution declared by parliament by law to be an institution of national importance.

Entry 64. Institutions for scientific or technical financed by Government of India wholly or in part and declared by the Parliament by law to be institutions of national importance.

Entry 65. Union agencies and institutions for –

A) Professional, vocational or technical training including the training of police officers;

B) The promotion of special studies or research or

c) Scientific or technical assistance in the investigation or detection of crime.



Entry 66)  Coordination and determination of standards in institutions for higher education  or research and scientific and technical institutions.





List II. List of State Functions :

 Education including universities, subject to provision of entries 63, 64 65, 66 of List I and entry 25 of List III.

List III. List of Concurrent Functions :

Entry 25. Vocational and technical training of labour.

2) The official Language of the Union


Another important issue dealt within the Constitution refers to the official language of  the union.

i)            Article 343 : This article declares that Hindi in Devanagari script would be the official language of the Union. In order to make this transition gradual and acceptable to all shades of opinion, however , it was provided that English shall continue to be used until 1965, for all official purposes, at the union, for which it was being used immediately before the commencement of the constitution. Hindi is to be first used in addition to english gradually in accordance with such programmes as Parliament may decide. The constitution also provides for the appointment of a language commission at the expiration of five years from such commencement.

ii)           The constitution authorities the states to adopt Hindi or any other modern Indian language for their official purposes.

iii)         Article 351 :  This article future that “ it shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression of all the elements of the composite culture of India and to secure its enrichment by assimilating, without interfering with its genius, the forms , style and expression used in Hindustani and in other languages of India."

3    Educational and Cultural Interests of the Minorities :

This part of the constitution contains important provisions for safeguarding the educational and cultural interests of minorities.

i)       
Article 28 : This article guarantees freedom of religion. It directs, “ that no religious instruction shall be provided in any educational institution recognized by the state receiving aid out of state funds, and also provides that no person attending any educational institution shall be required to take part in any religious instruction that may be imparted in such institution shall be required to take part in any religious instruction that maybe imparted in such institution or to attend any religious worship unless the person wants to, or if he is a minor , there must be guardian’s consent.
ii)      Article 29 : This article guarantees that “ any section of the citizens residing in the territory of India or any part thereof, having a distinct language, script or culture of it’s own, shall have the right to conserve the same”, and it further declared that ,” no citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of the state funds, on grounds only of religion, race, caste , language or any of them.”

   iii)         Article 30 : This article declares that ,” all minorities whether based on religion or language shall have the right to establish and administer educational institutions of their choice,” and adds that the state shall not, in granting aid to educational institutions, discriminate against any educational institutions on the ground that it is under the management of a minority, whether based on religion or language”.

       

iv)         Article 350 A: This article 350  has two parts, Part A provides that every state and every local authority shall endeavor to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups”.

v)          Article 350 B   provides for the appointment of a special officer for linguistic minorities who shall be responsible to the President and who shall investigate into all matters relating to the safeguard provided for linguistic minorities under the Constitution.



4.   Adequate Safeguards for the Advancement of Weaker section of the community :

The constitution also provides adequate safeguards for the advancement of weaker sections of the community like the scheduled castes and the scheduled tribes.

i)  Article 17 : This article abolishes any untouchability and forbids it’s practice in any form. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.

ii)          Article 21 (A) : This article provides that the state shall provide free and compulsory education to all children of the age of 6-14 years in such manners as the state may  be law determine.

iii)         Article 41 : Right to work, to education and to public assistance in certain cases. The state shall within its own limit of economic capacity can make  effective provision for securing the right to work, to education and to public assistance in case of unemployment at old age, sickness and disablement and in other cases of undeserved wants.

 iv)     Article 46 : This article is a directive principle of  state policy, says that “ the state shall promote with special care of 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.

v)           Article 338 : This article provides for the appointment of a special officer for the scheduled castes and scheduled tribes who shall be responsible to be the President and shall investigate into all matters relating to the safeguards provided for scheduled castes and scheduled tribes.

  vi)       Article 339 : This article provides for the appointment of a commission on the administration of the scheduled areas and the welfare of the scheduled tribes, before the end of ten years from the commencement of the constitution and Article 340 further provides for the appointment of a commission to investigate into the conditions of the backward classes.

      


5)  Universal Primary Education :

i)            Article 45 : Under the Directive principles of state policy states lays down- “ 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 until they complete the age of fourteen years”.


6.  Equality before law, for employment etc.

i)            Article 14 : The state shall not deny to any person equality before the law or the equal protection of the laws or the equal protection of the laws within the territory of India.

ii)           Article 15 : Prohibition of discrimination on ground of religion, race, caste, sex or place of birth. The state shall not discriminate against any citizen on grounds of religion, race, caste, sex ,place of birth and any of them. No citizen shall be helped on  the ground only of religion, race, caste, sex or place of birth or any of them be subject to any disability, liability, restriction or condition with regard. Access to shops, public restaurant, hotels and places of public entertainment. The use of roads or places of public resort, maintained wholly or partly out of the state funds or dedicated to the use of the general public. Although nothing in this article prevent the state from making any special provision for women and children.

iii)         Article 16 : Provision for women and child. Equality of opportunity in matters of public employment. There should be equality of opportunity for all citizens in matters relating to employment or appointment to nay office under the state. No Citizen shall be discriminated on the ground of only religion, race, caste ,sex, place of birth in respect of any employment in office under the state.

iv)         Article 24 : No child below the age of 14 years shall be employed to work in any factory or in any other Hazardous employment.


0 comments:

Post a Comment

Popular Posts