Education and Indian constitution
Prepared by
Sabarish P
INDIAN
CONSTITUTION
The constitution of India is the world’s lengthiest written constitution with 404 Articles, 12 schedules and 82 Amendments (so far), runs into some 300 pages. It contains the good points taken from the constitution of many countries in the world. It was passed on 26th November 1949 by constituent assembly and fully applicable on 26th January 1950.
The constitution of India is the supreme law of India. It lays down the framework defining the fundamental political differences and establishing the structure, procedures powers and duties of the government. It spells out the fundamental rights, directive principles and duties of the citizen.
It declares the union of India to be a sovereign democratic republic, assuring it’s citizens justice, equality and liberty. India celebrates the adoption of the constitution on January 26th each year as republic day.
Preamble
Every constitution has a preamble with which it begins and which embodies its objectives or basic purposes. The preamble of the constitution of India after the forty-second Amendment of the constitution in 1976 reads as follows:
“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 opportunity; 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.”
CONSTITUTIONAL PROVISIONS OF EDUCATION IN INDIA
1.Article 21 A: Right to education
The constitution (86th Amendment ) Act, 2002 added Article 21A stating that “The state shall provide free and compulsory education to all children of the age six to fourteen years in such a way as the state may, by law, determined”.
Thus it has become the duty of the state to provide all facilities for the education of children between the age of six and fourteen. Every citizen has the right to approach the apex court demanding a court order under the provisions of the constitution.
2.Article 45: Provision for free and compulsory education for children
“The state shall endeavour 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 constitution (86th Amendment ) Act, 2002 modified article 45 as follows “The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years”.
3.Article 46: Promotion of educational and economic interests of 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”.
4.Article 51A(k): Fundamental duty of parents
The constitution (86th Amendment) Act, 2002 added a new clause to the article 51A namely clause (k) which is read as follows: “it shall be the duty of every citizen of India, who is a parent or guardian, to provide opportunities for education to his child or , as the case may be ward , between the age of six and fourteen years”.
5.Article 30
Right of minorities to establish and administer educational institutions of their choice.
