BEd 2nd Year Constitution of India Study Material Notes
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Constitution of India
After achieving independence we made the Constitution of our nation.
The Constitution Committee presented it on 26 November 1949 and it came into force on 26 January 1950. Though this is the largest Constitution in the world, its basic spirit has been clarified in the few lines of the Preamble. By the 12th Constitutional Amendment in 1976, the words—socialist, secular and unity and integration were added to it to make its basic spirit even clearer. At present, the Preamble reads:
“WE, THE PEOPLE OF INDIA. having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of operation; and to promote among them all;
FRATERNITY assuring the 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 Preamble specifies that India is a sovereign democratic republic and it is based on six fundamental principles-freedom, equality, fraternity, socialism, secularism and justice. Articles 12 to 32 of the Constitution specify the fundamental rights of the citizens.
In the beginning, the citizens were given 7 fundamental rights, but by the 44th Constitutional Amendment, the right to property was taken out of the list of fundamental rights to add it to legal rights, and thus there are only six fundamental rights as of now. In 2002, the government enacted the 6th Constitutional Amendment to provide children in the age group 6-14 years, the right to education.
At present, the citizens of India enjoy the following 6 fundamental rights:
- Right to equality.
- Right to freedom.
- Right against exploitation.
- Right to religious freedom.
- Right to education (6- I 4-year group) and culture.
- Right to constitutional remedies.
In the Constitution of India, education has been considered to be the fundamental right of citizens. Several provisions have been included in the Constitution to enable Indian citizens to use their fundamental rights pertaining to education. We discuss some of the basic provisions in brief.
1. Education in the Concurrent List: There are three lists in the Constitution of Indian Republic_Union List, State List and Concurrent List. The union government has the right to make laws on all subjects mentioned in the Union List; the state governments have the right to make laws on the subjects in the State List, and both union and state governments possess the right to make laws on the subjects in the Concurrent List. (BEd 2nd Year Constitution of India Study Material Notes)
In case of a conflict between the union and state government on a law on a subject in the Concurrent List, the union law shall prevail. In the beginning, education was on the State List. and it was the responsibility of the state governments to provide it. The responsibility of the union government was limited to the arrangement of education in union territories, arrangement of educational institutes of national importance and maintaining the standard of technology and higher education. By the 42nd Amendment in 1976, education was included in the Concurrent-List. Since then, the arrangement of education is the joint responsibility of both union and state governments. (BEd 2nd Year Constitution of India Study Material Notes)
At present, the union government is responsible for formulation of national education policy, arrangement of education in union territories, establishing coordination in general education facilities in the whole country, maintaining the level of higher education, developing languages of national importance, and arranging of higher educational institutes and research institutes of national importance. (BEd 2nd Year Constitution of India Study Material Notes)
And the state governments are responsible for the administration of education in their respective areas according to national education policy. At present, the union government is also running several plans for the expansion of infant education and primary education, is providing Central schools and Navodaya education in the field of secondary education, and is also running some higher institutes of higher level. (BEd 2nd Year Constitution of India Study Material Notes)
Besides, it provides economic assistance for the arrangement of any type and any level of education in the states.
2. Child Care and Provision of Education for Infants from Birth to 6 Years of age: By the 93rd Constitutional Amendment in 2001, it was added to Article 45 that the state will look after and provide education to all children until they attain the age of 6 years.
3. Provision of Compulsory and Free Education for Children up to 14 Years of Age: Article 45 of the Constitution declares that the state will endeavour to provide free and compulsory education to all children up to the age of 14 years within a period of 10 years from the commencement of the Constitution. (BEd 2nd Year Constitution of India Study Material Notes)
By ‘state’ in the Constitution means all three, the union government, state governments and administration system. It is due to this constitutional directive that the state is making continuous efforts for providing compulsory and free primary education to children from 6 to 14 years of age. (BEd 2nd Year Constitution of India Study Material Notes)
Another major step in this direction is that of the 86th Constitutional Amendment Act according to which the education for children from 6 to 14 years of age has been declared a fundamental right of the citizens.
4. Equal Rights to Admission in Educational Institutions: Article 29 (2) of the Constitution provides that no citizen will be deprived of the right to admission in any state or state-aided educational institution on the basis of any religion, race, caste, etc. At present, this is also applicable to both self-finance educational institutions as well as public schools.
5. Special Provision for Women Education: Article 15 (3) of the Constitution provides for women’s education that there will not be any limitation on the state for any special provision for women and children.
6. Special Provision for Education of Children of Weaker Classes, Scheduled Castes and Scheduled Tribes: Article 17 of the Constitution abolishes untouchability, and Article 46 provides that the state will promote with special care the educational and economic interests of the weaker sections of the people, especially of the scheduled castes and scheduled tribes and shall protect them from social injustice and all other exploitations. (BEd 2nd Year Constitution of India Study Material Notes)
At present, all children of weaker sections of society are given free books at the primary level and they are given scholarships at all levels of education. The facility of reservation at secondary and higher level education is also available to them.
7. Special Provision for Education of Minorities: There are two provisions under Article 30 of the Constitution for the education of minorities:
(i) The religious or linguistic minorities will enjoy the right to establishment and administration of educational institutions of their interest. (BEd 2nd Year Constitution of India Study Material Notes)
(ii) The state will not discriminate against any school.in providing assistance to educational institutions only on the basis that it is under the management of a religious or linguistic minority. It is due to these constitutional directions that minorities are free to run their educational institutions in their own manner. (BEd 2nd Year Constitution of India Study Material Notes)
8. Clear Direction for Religious Education: Article 28 of the Constitution declares that any state-funded educational institution will not arrange any religious education, and Article 22 lays brown that any state-funded educational institution will not compel the children to be present in any religious ceremonies. (BEd 2nd Year Constitution of India Study Material Notes)
9. Provision of Higher Education and Research Centres of National Importance by Union Government: The union government has the responsibility of providing finances and administration of national libraries and museums mentioned in the entry ‘number 62; educational institutes of national importance mentioned in entry number 63, such as Banaras, Aligarh and Delhi universities, etc.; scientific and technological institutes of national importance funded by the union mentioned in entry number 64; professional, vocational, technical and specific study institutes of national importance mentioned in entry number 65; and higher educational institutes and research centres mentioned in entry number 66. (BEd 2nd Year Constitution of India Study Material Notes)
10. Education of Language of National Importance: Article 344 (1) of the Constitution has declared 15 languages as languages of national importance. These are- 1. Assamia, 2. Bengali, 3. Gujarati, 4. Hindi, 5. Kannada, 6. Kashmiri, 7. Malayalam, 8. Marathi, 9. Oriya, 10. Punjabi, 11. Sanskrit, 12. Sindhi, 13. Tamil, 14. Telugu and 15. (Urdu).
Later, 1. Konkadi, 2. Manipuri, 3. Dogri, 4. Boge, (5) Maithili, 6. Santhali and 7. Nepali too were given recognition.
Thus, the number of languages of national importance has risen to 15+7 = 22. The Constitution has declared that the state will make suitable efforts for their development. (BEd 2nd Year Constitution of India Study Material Notes)
11. Development of National Language Hindi: Article 343 of the Constitution has declared Hindi as the union’s national language, besides Article 351 speaks for making a special effort for its development. It says that it will be the responsibility of the union to propagate and grow the Hindi language and to develop it so that all elements of Indian culture can be expressed through it and without interference in Hindustani and eighth schedule, assimilating the form, style and terms of other Indian languages, and to assimilate words from other languages mainly from Sanskrit and secondarily from other languages.