Question- Describe about the Constitutional Provision on Education in India.

Ans.

Constitutional Provisions on Education in India

The Indian constitution contains a large number of clauses and articles that have a direct or indirect bearing on education. Its preamble embodies the character, values, and aspirations of the country.

The Central Government of India has been entrusted with many educational obligations under the Indian Constitution.

Education is one such aspiration of our country that would lead it towards national prosperity and national integration. We can cultivate the ethos and values of Indian democracy in citizens through education.

Constitutional Provisions for Education in India

The Indian constitution provides specifies provisions for education in the following major areas of education :

• Right of Free and compulsory Education
• Article - 45 “The state shall endeavour to provide within the period of 10 years from the commencement of this constitution, for free and compulsory education for all children until they complete the age of 14 years.” – Article 45, Directive Principles of State Policy.
• Article 45 of the constitution provides the provision for free and compulsory education.
• India has set lofty educational development goals since its independence.

There are some problem in the way of universalization of education -
• Lack of financial resources
• Very small villages
• Lack of suitable buildings
• The poverty of Parents and their non-co-operation
• Providing suitable staff and facilities
• Indifference to primary education and dropout of students without completing primary education

Right to Education - Constitutional Acts related to Education
Right to Education Act 2009 is a constitutional act related to education in the Indian Constitution. This act has come into force on April 1, 2010. This act gives the Right to Education the same legal status as the right to life.

Section 21(A) -
• The state shall provide free and compulsory education to all children aged 6 to 14 years in the manner determined by law (86 amendment, Act 2002).
• The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A into the Indian Constitution, declaring right to education a Fundamental.

Amendment 93 (Primary Education a Fundamental Right) -
• Primary education is now a ‘Fundamental Right’ under the 93rd amendment to the constitution. It is now a legal right.

Education for Women -
• One of the prominent elements of contemporary Indian education and its policies is the promotion of women’s education.
• The education of girls is regarded as equally vital as that of boys.
• The following provisions are made in several articles of the Constitution:

• Article 15 This article prohibits discrimination against any citizen on the basis of gender, religion, race, or place of birth.
• Article 15 (3) of the constitution empowers the state to create specific provisions for women, including education.

Constitutional Provisions for Education of SC and ST in India -
• There are many provisions made in our constitutions for the upliftment of weaker sections of our society like, Article 14, 15, 46, 338, 339 and 340.
• Out of many such articles, article 15 and 46 of the constitution give provisions related to the education of SC and ST (weaker sections) in India.

Education of Minorities, Protection of Interests of Minorities -
• Article 29 - This article is related to the education, rights and interests of minorities. This means that the constitution provides certain safeguards for the cultural and educational interests of minorities. It states that.

• 29(1) - Any section of the citizen, residing in the territory of India or any part there of having a distinct language, script or culture of its own, hall have the right to conserve the same.
• 29(2) - 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.

Right of Minorities to Establish Administer Educational Institutions - Article 30 is sometimes known as the “Charter of Education Rights.” This article states that

• “All minorities whether based on religion or language shall have right to establish and administer educational institutions of their choice”.

Instruction in Mother - tongue at Primary Stage - In respect to this issue, Article 350A provides Facilities for instruction in mother-tongue at the primary stage. It states that

• It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups, and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.

Promotion of Hindi - Article 351 of the Indian constitution has a Directive for the development of the Hindi language.
• Part of it states that it shall be the duty of the Union to promote the spread of the Hindi language. According to article 351, it is the central government’s specific responsibility to nurture Hindi language.

Education in Union Territories -
Article 239 of the constitution states, “Save as otherwise provided by Parliament by how, every Union Territory shall be administered by the President acting to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.”

• This means that each union territory has its own education department, and education in union territories has been the responsibility of the union or centre government.

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