Supreme Court of India

Ms. Aruna Roy And Others vs Union Of India And Others on 12 September, 2002
Author: Shah
Bench: M.B. Shah
CASE NO.:

Writ Petition (civil) 98 of 2002

PETITIONER:
Ms. Aruna Roy and others
Vs.
RESPONDENT:
Union of India and others
DATE OF JUDGMENT: 12/09/2002BENCH:
M.B. SHAH
JUDGMENT:
J U D G M E N T Shah, J.
In this public interest litigation filed under Article 32 of
the Constitution of India, it has been mainly
contended that the National Curriculum Framework for
School Education (hereinafter referred to as
the "NCFSE") published by National Council of
Educational Research and Training (hereinafter
referred to as "NCERT") is against the constitutional
mandate, anti-secular, and without
consultation with Central Advisory Board of Education
(hereinafter referred to as "CABE") and,
therefore, requires to be set aside. Admittedly, CABE is in
existence since 1935 and it is submitted
that uptil now before framing the new NCFSE, the CABE
was always consulted.
At the time of hearing of this matter, it was contended by
Mr. C.S. Vaidyanathan, learned senior
counsel for the petitioners that the issue involved is one of
grave constitutional importance affecting
the future of children and in substance contentions are as
under :
1. The respondents have not sought the approval of the
Central Advisory Board of to the National
Curriculum Framework for School Education 2000 and
without obtaining the approval of the CABE,
the NCFSE cannot be implemented.
2. The NCFSE and the Syllabus framed thereunder are
unconstitutional as the same are violative of
the rubric of secularism which is part of the basic
structure of our Constitution. The NCFSE and the
Syllabus are also violative of the fundamental right to
education, fundamental right to development,
fundamental right to information (which have all been
read into the right to life under Article 21)
and also Articles 27 and 28 of the Constitution of India.
Non-Consultation with CABE We would first deal with
the contention that non-consultation with
CABE before framing National Curriculum is unjustified
and, therefore, it cannot be implemented.
It is submitted that the CABE is a pivotal and the highest
body in the matters pertaining to
education and has always played an important role in
evolving any national document/policy
pertaining to education as it not only has the required
expertise but also an effective mechanism for
State-Centre coordination.
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It is to be stated that CABE is not constituted under any
Act or the Rules, hence not a statutory body.
However, it is not disputed that the said body
continuously functioned since 1935 to 1994 and,
therefore, for finding out the functions of the CABE, we
would refer to the Resolutions, which are
produced on record, constituting the CABE.
As per the Resolution dated 10th April, 1986 issued by
the Ministry of Human Resource
Development (Department of Education), Government of
India, the functions of the CABE are as
under :-
"1. The Central Advisory Board of Education was last
constituted in April 1982 and its term expired
in September, 1985. In view of the widespread demand
throughout the country recently voiced in
the context of the formulation of New Educational Policy
for more effective role of the Central and
State Governments and between State Governments and
local bodies and non- governmental
agencies; importance being given to human resource
development; and the decision to formulate
the New Education Policy, it has been felt necessary to
redefine the functions of CABE.
2. The revised functions of CABE would be:
(a) to review the progress of education from time to time;
(b) to appraise the extent and manner in which the
education policy has been implemented by the
Central and State Governments, and other concerned
agencies; and to give appropriate advice in the
matter;
(c) to advise regarding coordination between the Central
and State Governments/UT
Administrations, State Governments, non- governmental
agencies, for educational development in
accordance with the education policy; and
(d) to advise, suo moto, or on a reference made to it by
the Central Government or any State
Government or by a Union Territory Administration on
any educational question.
3. For the discharge of these functions, the Board may (i)
call for information and comments from
any Government institution, any other organisation or an
individual; (ii) appoint committees or
groups comprising members of CABE and/or others as
may be necessary; and (iii) commission
through Government or any other agency; studies,
research or reports on any specific issue
requiring attention of the Board or its committees or
groups."
The composition of the Board is also provided therein.
As per the aforesaid Resolution, CABE consists of in all
104 Members. Out of them, 64 members are
ex-officio members; 32 are nominated by the Government
and 8 members are elected by
Parliament. The quorum provided for the meeting of the
Board is 2/3rd of the total membership of
the Board. The Resolution also requires that Board will
meet at least once a year and there shall not
be a gap of more than two years between two consecutive
meetings of the Board. The tenure of office
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of members of the Board other than Ex-officio members
was three years effective from the date of
notification. However, in the first sentence of the
Preamble, it is specifically noted that CABE was
constituted in April 1982 and its term expired in
September 1985.
Subsequently, on 19th October, 1990, on the same line,
the Government of India passed the
Resolution reconstituting CABE, which inter alia reads
thus:
"The Central Advisory Board of Education (CABE) is the
highest advisory body to advise the Central
and State Governments in the field of Education. In the
past, important decisions have been taken
on the advise of CABE and it has provided a forum for
arriving at a consensus on issues relating to
educational and cultural development. CABE has a
particularly important role to play at the present
juncture in view of the decision of the Government to
appoint a Committee under the
Chairpersonship of Acharya Ramamurti to review the
National Policy on Education 1986 and also in
view of the significant socio-economic and socio-cultural
developments taking place in the country.
It is a matter of importance that the Central and State
Governments and educationists and teachers,
should increase their interaction so that education
becomes an instrument for national
reconstruction and social cohesion."
The remaining part, providing for functions and mode of
its discharge, remains the same, as stated
in the earlier resolution.
From the aforesaid two resolutions, which are produced
on record, it is apparent that the functions
of the CABE are limited. It nowhere mandates that before
framing national curriculum framework
for school education, the Government shall consult the
CABE and act as per its advice. However, it is
contended that since years before framing such national
curriculum, the CABE is always consulted
and, therefore, non-consultation of the CABE by the
Government or the NCERT is against the
established principle for oblique motive.
In our view, this submission cannot be accepted. Firstly, it
is to be reiterated that CABE is a
non-statutory body constituted by the resolutions of the
Government of India from time to time. It
is true that it is functioning since 1935. However, it being
constituted by exercise of the Executive
function of the Government, it cannot be held that as the
CABE is not consulted, the policy laid
down by the NCERT is violative of any statutory
provision or rules.
It is further submitted that the CABE is in existence today
as is evidenced by the fact that the Rajya
Sabha website, in the list of bodies in which its nominees
are present, mentions the CABE even till
date and the issue regarding approval of the CABE has
been raised by Members of Parliament and
others in July, 2001, i.e. prior to the finalisation of the
NCFSE. Despite the same the Government
failed to reconstitute the body and it now cannot state that
it has not reconstituted the body as the
present petition is sub-judice before this Court. The Union
of India having failed to comply with its
duty to fill in the vacancies cannot now be permitted to
take advantage of its own wrong and be
heard to say that the approval of the CABE was not
sought as it has not yet been reconstituted. It is
further submitted that the Programme of Action 1992
(POA) states that "CABE is the historic forum
for forging a national consensus on educational issues".
The POA reviewed the National Policy on
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Education 1986 (NPE'86) and made certain minor
modifications therein. The said programme of
action further states as under:
"23.7.2. The Central Advisory Board of Education
(CABE) has emerged as a very effective
instrument of meaningful partnership between the States
and the Centre, particularly at evolving a
consensus on the major policy issues in the field of human
resource development. The CABE would
be expected to play a meaningful and important role in the
implementation of the NPE.
23.7.3. The CABE would have to evolve appropriate
mechanisms and processes to discharge its tasks
of overseeing and reviewing the implementation of the
NPE. It may have to devise appropriate
structures within its system and also seek the support of
professional organizations and autonomous
bodies in discharging its role. The CABE may consider
the modalities it would adopt for its role in
implementing the NPE/POA."
It is also pointed out that the Report of the Ministry of
Human Resource Development of 1990-92
on the Development of Education in India also notes the
importance of the CABE. The relevant
extract is as follows:
"1.12 Actions related to education at the national level
including planning and policy-making are
guided and coordinated by the Central Advisory Board of
Education (CABE), the members of which
include Ministers of Education of all States and Union
Territories and leading educationists of the
country. A few national level institutions specialising in
particular aspects of education, assist and
advise the Central and State Governments in the
formulation and implementation of policies and
programmes in their respective areas. Special mention
may be made in this regard, of organizations
such as the National Institute of Educational Planning and
Administration, the National Council of
Educational Research and Training and the University
Grants Commission."
It is further contended that due to the presence of
education in the Concurrent List, the issue
relating to State-Centre coordination must not be lost
sight of, in evolving national consensus on
any issue pertaining to education which requires
implementation in all the States. The NPE'86 also
refers to the 42nd Amendment to the Constitution
whereby education was brought to the
Concurrent List and talks of a meaningful partnership
between State and Centre in this regard.
Admittedly, CABE for one or other reason was not
reconstituted since 1994 as the Government has
not nominated the members nor the Parliament has
elected members as required by 1990
resolution. As per the 1990 Resolution, the tenure of
office of the members of the Board other than
ex-officio members was only for three years. Thereafter,
no further Resolution is passed
reconstituting the CABE. It is true that if we read the
Resolution as it is, it may mean that for
ex-officio members tenure is not limited. However, why it
is not reconstituted by the Government
since 1994 cannot be decided in this petition. Respondent
has brought on record one letter dated
12th February, 1997 written by Deputy Secretary,
Government of India, pertaining to reconstitution
of CABE and nomination thereto. The letter, inter-alia,
states that the Prime Minister has felt that
the proposed Board is too unwieldy and he desired to
know whether there could be a compact Board
and that the Department of Education was accordingly
requested to examine the proposal.
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Therefore, for one or other reason, it is apparent that
CABE was not reconstituted since 1994.
The learned counsel for respondent also submitted that the
discussions/workshops were held at
various levels before framing the National Curriculum
Framework (NCF). No doubt, this is disputed
contention which is not required to be decided.
However, as stated above the main function of the CABE
as per the resolutions is to review the
progress of education from time to time and to appraise
the extent and manner in which the
Education Policy has been implemented by the Central
and State Governments and other concerned
agencies and to give appropriate advice in the matter. It
can also advise the Government regarding
coordination between the Central Government and the
State Government for educational
development in accordance with the Education Policy.
Suo moto also, it can advise on any
educational question. Therefore, it cannot be said that
non-consultation of the CABE by the NCERT
is against the established principle for any oblique motive.
Further, as per the relevant extract of the Report of the
Ministry of Human Resource Development
of 1990-92 upon which reliance is placed by the learned
counsel for the petitioners, it is to be stated
that in the said Report itself, it is noted that there were
few national level institutions specialising in
particular aspects of education, assist and advise the
Central and State Governments in the
formulation and implementation of policies and
programmes in their respective areas. A special
mention is made of organizations such as National
Institute of Educational Planning and
Administration, the National Council of Educational
Research and Training and the University
Grants Commission. From this report, it is apparent that
CABE is only an advisory body and there
are other institutions including the NCERT which also
assist the Government in formulation and
implementation of policies and programmes.
Further, there is nothing on record to establish that in past
approval of the CABE was sought before
NCFSE was published or implemented. The preamble of
1990 resolution constituting CABE inter
alia takes note of the fact that it is a matter of importance
that Central Government, State
Governments, educationists and teachers should increase
their interaction so that education
becomes an instrument for national reconstruction and
social cohesion. This would also indicate
that the main object of constituting CABE is to have
interactions so that imparting of education is
helpful in national reconstruction and social cohesion.
Further, this preamble specifically states that
to review the NPE'86, the Committee was appointed
under the Chairpersonship of Acharya
Ramamurti. Same is the position in the present case. The
recommendations of S.B. Chavan
Committee constituted by Parliament are accepted.
However, it is submitted that the POA'92 which made
some minor changes to the NPE'86 and
formulated a programme for implementation of the
NPE'86 also talks of the effective role played by
the CABE. It is also submitted that the contention that
CABE is only for implementation of the
NCFSE is belied by the fact that the NCF of 1988 was
approved by the CABE. In our view, once there
are specific Resolutions on record constituting CABE and
providing its functions, it would be
unreasonable and unnecessary to consider that in past
CABE was consulted before framing of
NCFSE. The functions as narrated in the Resolutions
nowhere indicate it.
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It is further stated that the Union of India and the NCERT
in their Counter affidavits have only
taken the plea that there is no legal requirement to consult
CABE and that in any event CABE has
not been in existence after the alleged expiry of its term in
1994. Nowhere they have controverted
the fact that CABE in fact did approve the NCF 1988. In
the additional affidavit of NCERT which
was produced on Ist August, 2002 minutes of the 38th
CABE meeting in 1975 have been extracted.
The relevant portion extracted itself clearly shows
CABE's vital role in Curriculum Framework: "The
National Curriculum for the 10 Year School prepared by
the NCERT is recommended to the State
Governments."
It is submitted that this extract of the said minutes of the
CABE makes it amply evident that the
NCFSE has to be recommended by the CABE prior to
implementation. If there is no question of
approval by the CABE as alleged by the respondents,
there would have been no requirement for the
CABE to have recommended the NCFSE to the States.
Similarly, the relevant extract relating to the
NCF 1988 set out in the additional affidavit clearly shows
that the CABE has adopted the NCF 1988;
while NCERT draws up the Curriculum, CABE approves
it prior to implementation. Further, the
Notification reconstituting CABE refers to the role played
by CABE in reviewing progress of
education, implementation of the policy and co-ordination
between Centre and State. NCFSE is a
mode of implementation of the NPE and consequently it
is definitely one of the functions of CABE to
make sure that the NCFSE is in accordance with the
NPE'86. The NCFSE being a national document
requiring implementation throughout the country raises
important Centre State issues and
consequently CABE should be consulted as a co-
ordinator of Centre and State in such National
issues with serious federal implications.
It is true that for coordination between the State and the
Centre in implementing the education
policy, CABE had played an important role. But this
would not mean that before framing such policy
by an independent body, namely, NCERT, CABE ought
to have been reconstituted and consulted.
On behalf of respondent, it is also pointed out that
NCERT is an autonomous body established by
the Union Government as a vehicle to promote inter alia
the uniformity of standards in education.
The Memorandum of Association of NCERT, states "the
objects of the Council shall be to assist and
advice the Ministry of Education and Social Welfare in
the implementation of its policies and major
programmes in the field of education particularly school
education." The programmes and activities
which the Council may undertake include inter alia the
following "(a) To develop and/or to
disseminate improved educational techniques and
practices in schools;
(b) To cooperate with, collaborate and assist the State
education departments, universities and other
educational institutions for the furtherance of its objects;
(c) To advise the State Governments and other
educational organisations and institutions on
matters relating to school education;
(d) To undertake the preparation and/or the publication of
such books, materials; periodicals and
other literature as may be necessary for the furtherance of
its objects".
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It is rightly pointed out that it is clear from a reading of
the Memorandum of Association of NCERT
that the preparation of a curriculum model, which could
be followed generally to improve
educational techniques and practices, and which could
also form the basis of the preparation and/or
publication of books and other material, is one of roles
specifically assigned to the NCERT. The
Constitution of the Council, under the Rules, shows that it
is a high- powered body. The Union
Minister for Education (now the Minister for Human
Resource Development) is the ex-officio
President, the Secretary of the Union Ministry of
Education (now HRD), the Chairman of the
University Grants Commission, four Vice- Chancellors,
one from each region, and the Education
Minister of each State Government are on the Council. In
addition to these, it also includes 6
nominees (of whom not less than four shall be school
teachers). In other words, the Council
comprises a body which has the highest representatives
from the executive Government at the
Union as well as the States and other experts from the
field of education. It is, therefore, submitted
that the authority of the NCERT to publish a national
curriculum to serve as a model for the States
as well as to be a guide for publication of its own books
and literature cannot be seriously disputed.
There is no statute nor there is any limitation in the Rules
or Regulations framed for the working of
NCERT, which would require it to seek the approval or
concurrence of any other authority before
publishing the national curriculum. There is nothing in
either the constitution of the NCERT or in
any other Rule, Regulation or Executive order to suggest
that the NCERT is structurally
"subordinate" or inferior to any other body in the field.
The CABE upon its reconstitution in 1990
(by the Government resolution dated 19th October 1990)
is also chaired by the Union Minister of
Human Resource Development. It also comprises of
Union Ministers and Ministers of Education of
the States, and other elected members including some
members of Parliament, ex-officio members
(i.e. Chairman of University Grants Commission and
other similar functionaries) and other persons
appointed by the Government.
Learned senior counsel Mr. Vaidyanathan further
submitted that the claim of respondents that
NCERT General Council has approved the final
document is false and incorrect. Number of
Ministers of Education of States walked out protesting
against the stand taken by NCERT in the
NCERT General Council meeting. In our view, in this
petition under Article 32, it would be difficult
to find out whether the said submission is justified or not.
However, it is to be stated that in
democracy, decisions which are taken by the majority are
to prevail unless they are contrary to any
statutory provisions or rules or are arbitrary. On behalf of
the respondent- Union, it has been
repeatedly pointed out that NCERT also consists of
experts in the field of education as well as
ex-officio members. If the constitution of NCERT and
CABE is limited to its ex-officio members
more or less it would consist of same members. In any
case, it is difficult to accept the contention
raised by the learned senior counsel Mr. Vaidyanathan
that NCERT General Council has not given
its approval to NCFSE. Approval depends upon view of
the majority.
Hence, the contention of the learned senior counsel for the
petitioners that as CABE is not consulted
or its approval is not sought by the Government before
framing the NCFSE-2000 the said policy
requires to be set aside, cannot be accepted.
Violation of Article 28 Learned counsel for the petitioners
vehemently objected and pointed out that
NCFSE pertaining to education for value development is
violative of Article 28 of the Constitution.
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Before referring to the contention raised by the learned
counsel for the parties, we would refer to the
relevant part of NCFSE which reads thus:
1.4.7. Education for Value Development.
The past five decades after independence have witnessed
constant erosion of the essential social,
moral and spiritual values and an increase in cynicism at
all levels. Although schools are not isolated
islands untouched by the prevailing mood of indifference
and even disregard for the entire value
system, their potential for and role in the task of guiding
the national psyche cannot be
underestimated. Schools can and must strive to restore
and sustain the universal and eternal values
oriented towards the unity and integration of the people,
their moral and spiritual growth enabling
them to realise the treasure within. People must realise
who they are and what is the ultimate
purpose of human life. Self- recognition would come to
them through proper value education that
would facilitate their spiritual march from the level of
sub-consciousness to that of super
consciousness through the different intermediary stages.
Value-based education would help the
nation fight against all kinds of fanaticism, ill will,
violence, fatalism, dishonesty, avarice,
corruption, exploitation and drug abuse.
The National Policy on Education (1986) lays emphasis
on equity and social justice in education to
promote the country's unique socio-cultural identity and
to contribute to national cohesion,
promoting tolerance, scientific temper and the concerns
enshrined in the Indian Constitution. The
recommendations of the Justice J.S. Verma Committee on
Fundamental Duties of Citizens pave the
way for strong commitment to basic human values and
social justice. The core components of school
curriculum as mentioned in the National Curriculum for
Elementary and Secondary EducationA
Framework (1988) are all the more relevant in the present
scenario. The Constitutional Amendment
incorporating the ten Fundamental Duties of Citizens is a
valuable pointer to what the country
expects of its citizens. All these must find a prominent
place in the total education system of India
including the school environs.
The School Curriculum in 1988 was designed to enable
the learner to acquire knowledge to develop
concepts and inculcate values commensurate with the
social, cultural, economic and environmental
realities at the national and international levels. The social
values aimed at were friendliness,
cooperativeness, compassion, self-discipline, courage,
love for social justice, etc. Truth, righteous
conduct, peace, love and non-violence are the core
universal values that can become the foundation
for building the value-based education programme as per
the recommendations of the S.B. Chavan
Committee Report submitted to the Indian Parliament in
February, 1999. These five universal
values represent the five domains of the human
personality intellectual, physical, emotional,
psychological and spiritualare "correlated with the five
major objectives of education, namely
knowledge, skill, balance, vision and identity." (81st
Report on Value-Based Education presented to
Rajya Sabha on 26th February, 1999, Item No.8).
Besides, curriculum in schools has to develop the key
qualities like regularity and punctuality,
cleanliness, self-control, industriousness, sense of duty,
desire to serve, responsibility, enterprise,
creativity, sensitivity to greater equality, fraternity
democratic attitude and sense of obligation to
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environmental protection.
Another significant factor that merits urgent attention now
is religion. Although it is not the only
source of essential values, it certainly is a major source of
value generation. What is required today
is not religious education but education about religions,
their basics, the values inherent therein and
also a comparative study of the philosophy of all
religions. These need to be inculcated at
appropriate stages in education right from the primary
years. Students have to be given the
awareness that the essence of every religion is common,
only the practices differ. The students
should also be led to believe that differences of opinion in
certain areas are also to be respected. The
Chavan Committee (1999) strongly urges education about
religions as an instrument of social
cohesion and social and religious harmony. The UNESCO
Department for Intercultural Dialogue
and Pluralism for a Culture of Peace pleads for "Spiritual
Convergence" and proposes to promote
dialogue among the different religious and spiritual
traditions in a world where intra and
inter-religious conflicts have become the order of the day
(January 2000). It observes "that it is
from early childhood that children should be introduced to
the discovery of "otherness", and to the
values of tolerance, respect, and confidence in the "other"
that will bring about a change of
behaviour and attitudes towards others. The introduction
of specific teaching of intercultural and
interreligious dialogue, through the adequate pedagogical
tools, is conceived as a means to foster
reciprocal knowledge of shared values contained in the
message issued by religious and spiritual
traditions, which can be considered as a common spiritual
and cultural heritage".
However, a word of caution is required here. Education
about religions must be handled with
extreme care. All steps must be taken in advance to
ensure that no personal prejudice or narrow
minded perceptions are allowed to distort the real purpose
of this venture and no rituals, dogmas
and superstitions are propagated in the name of education
about religions. All religions therefore
have to be treated with equal respect (Sarva Dharma
Sambhav) and that there has to be no
discrimination on the ground of any religion
(Panthnirapekshata)."
From the aforesaid paragraph, it can be culled out:
(i) that the object for value based education is to have
national fight against all kinds of fanaticism,
ill-will, violence, dishonesty, corruption, exploitation and
drug abuses;
(ii) National policy on Education (1986) also lays down
emphasis on equity and social justice in
education and to promote the country's unique, socio-
cultural identity and to contribute to national
cohesion, promoting tolerance;
(iii) Enable the learner to acquire knowledge to develop
concepts and inculcate values
commensurate with social values aimed at friendliness,
cooperativeness. compassion, selfdiscipline,
courage, love for social justice, truth, righteous conduct
and non-violence;
(iv) For religion, it is stated that students have to be given
the awareness that the essence of every
religion is common, only practices differ;
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(v) As a matter of caution it provides that all steps should
be taken in advance to ensure that no
personal prejudices or narrow minded perceptions are
allowed to distort the real purpose of
imparting education on religions; no righteous dogmas
and superstitions should be promoted to
propagate in the name of education about religions.
From the aforesaid entire paragraph the learned counsel
for the petitioners vehemently objected
only to the following part "what is required today is not
religious education but education about
religions, their basics, the values inherent therein and also
comparative study of the philosophy of
all religions." It is contended that giving education about
religions would be violative of Article 28
and also it would offend the basic structure of the
Constitution, namely, secularism.
Contra, learned Solicitor General Shri Salve, submitted
that for challenging the policy framed by
NCERT, petitioners have picked up some sentences out of
the context. This national curriculum is
prepared on the basis of report submitted to the
Parliament on 22nd January, 1999 by the S.B.
Chavan Committee which was appointed by the
Parliament in 1996. The report of the Committee is
based on earlier reports submitted by various Committees,
namely, the Radhakrishnan Commission
(1948-49), Kothari Commission (1964-
66), National Policy on Education (1986), Ramamurti
Committee (1990), Central Advisory Board of
Education (CABE) Committee on Policy (1992), Planning
Commission Core Group on Value
Orientation of Education (1992), which have highlighted
the urgent need for making the educational
system value-based.
The Secretary of respondent no.3 - NCERT, has filed
affidavit stating therein that the NCERT
followed what the Parliamentary Committee asked it to
do; The S.B. Chavan Committee's report on
value based education was tabled in Parliament; after its
approval, since there was no opposition,
NCERT was asked to implement this report. It is
submitted that some of the recommendations in
the curriculum proposed by NCERT are virtual and
verbatim copy of the report of the S.B. Chavan
Committee. Further, NCERT in fact consulted other
institutions and other individual experts and
sent the draft curriculum document to the Education
Ministers of all the States and its Governments
who would have been members of the CABE, had it been
reconstituted. Further, 13 Regional and
National Seminars were arranged by NCERT in different
parts of India to find out reaction to this
new proposal. Majority of those who participated was for
the new curriculum. Therefore, to say that
NCERT did not consult anyone is unfair and in ignorance
of facts and if not deliberate suppression
of facts.
At this stage, we would quote the relevant part of the S.B.
Chavan Committee's report as under:
1. Values are principles which are consistent and
universal and which direct our action and
activities. They are in-built in our society, common to not
only all the communities but also to all
religions at all times. Values are, in other words, virtues
in an individual. These values, if
deteriorated, will hasten or accelerate the break-down of
family, society and nation as a whole. India
has age-old tradition of values interwoven in the national
fabric. Although there has been great
advancement in science and technology, there has been a
gradual erosion of values which is
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reflected in the day-to- day life of a large section of our
present society. Our young generation under
the growing influence of negative aspects of Western
culture, is stranded on the cross-roads, not
able to decide which direction to take.
2. Education should aim at multi-faced development of a
human being his intellectual, physical,
spiritual and ethical development. Youth is the mirror in
which future of a nation is fully reflected.
In order to preserve, maintain and advance the position of
our country in the world, it is imperative
that there should be a comprehensive programme of
value-education starting from the pre-primary
level, embracing the entire spectrum of educational
process. The minds, hearts and hands of
children are to be engaged in forming their own character
to know what is `good', `love good' and
`do good'.
3. The Committee is aware that since independence, a
number of higher-powered Commissions and
Committees on Education, namely, the Radhakrishnan
Commission (1948-49), Kothari Commission
(1964-66), National Policy on Education (1986),
Ramamurti Committee (1990), Central Advisory
Board of Education (CABE) Committee on Policy (1992),
Planning Commission Core Group on
Value Orientation of Education (1992) have highlighted
the urgent need for making our educational
system value based. However, the Committee finds it very
disappointing to observe that such
well-concerted efforts during the last four decades have
failed to achieve the desired results.
Well-chalked out plans and strategies for making
education value- oriented still remain on paper.
The Committee feels that lack of co-ordinated effort on
the part of all the implementing agencies
may be held responsible for this sort of affairs."
4. Against this background, the Committee decided to re-
examine the entire gamut of
value-orientation of our educational system so as to come
up with some effective suggestions for
bringing about a much-awaited change. Realising that a
smaller group would be in a better position
to make an in-depth analysis of the subject, a Sub-
Committee on Value based Education was
constituted on 16th January, 1997, which was
subsequently re-constituted on 6th August, 1997.
However, as the work allocated to the Sub-Committee
could not be completed during the term of the
previous main Committee, a new Sub-Committee came
into being on 6th August, 1998.
5. The Committee invited suggestions from noted
educationists on various aspects of value-based
education, at what stage it should be introduced, whether
both Govt. and NGOs should be involved
in this task and in what manner it should be introduced. In
order to have an over-all idea about the
state-run value based education programmes, the
Committee held discussions with representatives
of a number of State Governments. The Committee was
also benefited by views of quite a few
eminent experts/NGOs, doing pioneering work in this
area. Besides that, the Committee also held
interactions with representatives of various Government
Organisations. An encouraging response
from individuals/organisations was received from all parts
of the country. This showed the public
concern with this vital aspect the building up of our
national character.
6. It was generally felt that ours is a vast and diverse
ancient country historically, geographically and
socially. Traditions are different, the ways of thinking and
living are also different. But there are
certain common elements which unite the country in its
diversity. This country has a long tradition.
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Here from ancient times, there have been great saints and
thinkers from different religions and sects
who have talked about some eternal values. These values
are to be inculcated by our young
generation.
7. In ancient times in Gurukuls, emphasis used to be
primarily on building the character of a
student. Today, right from the schools up to the
professional colleges, emphasis is on acquiring
techniques and not values. We seem to have forgotten that
skills acquired on computers tend to
become outdated after sometime but values remain for
ever. In other words, present day education
is nothing but an information transmission process. Our
educational system aims at only
information based knowledge and the holistic views
turning the student into a perfect human being
and a useful member of society has been completely set
aside. Swami Vivekananda aptly said,
"Education is not the amount of information that is put in
your brain and runs riot there,
undigested, all your life. We must have life-building.
Man- making, character-making, assimilation
of ideas. If education is identical with information,
libraries are the greatest sages of the world and
encyclopedias are rishis."
8. Truth (Satya), Righteous Conduct (Dharma), Peace
(Shanti), Love (Prema) and Non-violence
(Ahinsa) are the core universal values which can be
identified as the foundation stone on which the
value-based education programme can be built up. These
five are indeed universal values and
respectively represent the five domains of human
personality, intellectual, physical, emotional,
psychological and spiritual. They also are
correspondingly co-related with the five major objectives
of education, namely, knowledge, skill, balance, vision
and identity.
9. Primary school stage is the period in child's life when
seed of value-education can be implanted in
his/her impressionable mind in a very subtle way. If this
seed is nurtured by the capable hands of
dedicated teachers in school, if they insert values at
appropriate intervals during a child's school life,
it can be easily said that half the battle in building up
national character has been won.
10. It is very essential that at the school level right from
primary stage, deliberate, planned and
sustained efforts are made to inculcate basic human
values among the students. Values are best
initiated by a mother to her small child under her tender
care in the secure atmosphere of home.
However, nowadays, children are enrolled in school as
early as at the age of four. At this
impressionable stage, values like respect for parents,
elders and teachers, truth, punctuality,
cleanliness and courtesy can be easily inculcated in small
children. They can also be sensitised
regarding gender equality.
11. Besides the personal values, there are certain social
values which ought to be imbibed by the
young mind. These are the values which concern the
whole community concern for the aged and the
handicapped, for the deprived sections of the society etc.
Sincere belief in the dignity of labour is
generally found to be lacking in our young generation.
Values of self-dependence and insistence on
doing manual labour are thus required to be impressed
upon small children.
12. In view of the diverse character of our country, it is
essential that certain National Values are also
imbibed by our young students. They should be
acquainted with the history of India's freedom
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struggle, cultural heritage, constitutional obligations and
the features comprising our national
identity. The Committee feels that some of these national
values can be imparted indirectly at the
primary stage while at the middle and secondary level,
these can be included in the curriculum.
13. Another aspect that must be given some thought is
religion, which is the most misused and
misunderstood concept. The process of making the
students acquainted with the basics of all
religions, the values inherent therein and also a
comparative study of the philosophy of all religions
should begin at the middle stage in schools and continue
up to the university level. Students have to
be made aware that the basic concept behind every
religion is common, only the practices differ.
Even if there are differences of opinion in certain areas,
people have to learn to co-exist and carry no
hatred against any religion.
14. One should never forget that all the values are derived
from ultimate reality supreme power or
self- consciousness to which man orients himself. Once
faith in that reality is lost, then values lose
their meaning. To believe that we have the divide spark in
each one of us is the most important
eternal value to be inculcated by the small children even
before starting their school life. It is
acknowledged now the world over that ultimate goal of
education is realisation of the treasure
within.
32. The Committee is in agreement with the widely-
accepted view that value-based education
should be introduced at the school level and extended to
college and university level. In the
secondary stage, some advanced values which are of vital
importance for national integration should
be integrated into the syllabus.
38. With the advancement in information technology,
audio-visual media has dominated the
information/knowledge system of our country. Under the
invasion of Western culture penetrating
into India through the media, the young are being literally
moved away from our age-old traditions
and values. Any attempt to instil indigenous values in
students in schools, colleges are
over-shadowed by the over- whelming impact of Western
culture. The Committee is of the
considered view that stringent efforts are required on the
part of the Govt. to monitor the
programmes being aired/telecast through its media.
Similar steps need to be taken so as to have a
mechanism of quality control of programmes under the
control of private agencies too."
Undisputedly, the aforesaid S.B. Chavan Committee's
report was placed before the Parliament for
discussion. None can also dispute that past five decades
have witnessed constant erosion of the
essential social, moral and spiritual values and increase in
cynicism at all levels. We are heading for
a materialistic society disregarding the entire value based
social system. None can also dispute that
in secular society, moral values are of utmost importance.
Society where there are no moral values,
there would neither be social order nor secularism. Bereft
of moral values secular society or
democracy may not survive. As observed by the
Committee, values are virtues in an individual and if
these values deteriorate, it will hasten or accelerate the
break down of the family, society and nation
as a whole. In a society where there is constant
evaporation of social and moral values for getting
property, power or post, is it not advisable to have solid
social foundation from base level so that a
grown up person would fight against all kinds of
fanaticism, ill will, violence, dishonesty, corruption
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and exploitation? Answer would obviously be 'yes'.
Further, for controlling wild animal instinct in human
beings and for having civilized cultural
society, it appears that religions have come into existence.
Religion is the foundation for value base
survival of human beings in a civilized society. The force
and sanction behind civilized society
depends upon moral values. Philosophy of co-existence
and how to co-exist is thought over by the
Saints all over the world which is revealed by various
philosophers. How to co-exist, not only with
human beings but all living beings on the earth, may be
animals, vegetation and environment
including air and water, is thought over and discussed by
Saints and leaders all over the world which
is reflected in religions. If that is taught, it cannot be
objected as it is neither violative of
constitutional or legal rights nor it offends moral values.
This has been dealt with elaborately by the
S.B. Chavan Committee. The Committee as stated above
had invited suggestions from noted
educationists on various aspect of value based education.
As stated by the Committee it had
benefited by the views of eminent experts/NGOs doing
pioneering work in this area. Further, no one
can dispute that truth (satya), righteous conduct (dharma),
peace (shanti), love ( prem) and nonviolence
(ahinsa) are the core universal values accepted by all
religions. Committee has also pointed
out that religion is the most misused and misunderstood
concept. However, the process of making
the students acquainted with basics of all religions, the
values inherited therein and also a
comparative study of the philosophy of all religions
should begin; students have to be made aware
that the basic concept behind every religion is common,
only the practices differ. If these
recommendations made by the Parliamentary Committee
are accepted by the NCERT and are
sought to be implemented, it cannot be stated that its
action is arbitrary or unjustified.
Further, it appears to be totally wrong presumption and
contention that knowledge of different
religions would bring disharmony in the society. On the
contrary, knowledge of various religious
philosophies is material for bringing communal harmony
as ignorance breeds hatred because of
wrong notions, assumption, preaching and propaganda by
misguided interested persons.
The NCFSE would also be in consonance with the
fundamental duties enshrined under Article 51A
of the Constitution, which inter alia provides as under:
"51A. Fundamental duties. It shall be the duty of every
citizen of India:
(a) (d) .
(e) to promote harmony and the spirit of common
brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional
diversities; to renounce practices
derogatory to the dignity of women;
(f)
(g) to protect and improve the natural environment
including forests, lakes, rivers and wild life, and
to have compassion for living creatures;
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(h) ..
(i) to safeguard public property and to abjure violence;
(j) "
Let us ask a question to ourselves whether during the last
more than five decades, have we tried to
safeguard the public property and to abjure violence?
Whether bandhs for attaining a political object
or strike for redressing the grievances have not increased
the violence? In most of the cases, public
properties are targeted and damaged. Loss is to the nation.
Further, are we trying to promote
harmony and the spirit of common brotherhood among all
people of India believing in different
religions? It appears that we have not taken necessary
steps for such a purpose. Similarly, uptil now
instead of protecting and improving the natural
environment, we have damaged it. There is wide
spread deforestation; lakes are being used for constructing
buildings and we are losing compassion
for living creatures including human beings. Why that is
so? Let it be discussed by experts. May be
that basics of all religions may help in achieving the
objects behind fundamental duties.
In A.S. Narayana Deekshitulu v. State of A.P. and others
[(1996) 9 SCC 548], in a concurring
judgment Justice Hansaria aptly pointed out difference
between 'religion' and 'dharma' and
observed thus:
"143. Our dharma is said to be 'Sanatana' i.e. one which
has eternal values; one which is neither
time- bound nor space-bound. It is because of this that
Rig Veda has referred to the existence
"Sanatan Dharmani". The concept of 'dharma', therefore,
has been with us for time immemorial.
The word is derived from the root 'Dh.r' which denotes:
'upholding', 'supporting', 'nourishing' and
'sustaining'. It is because of this that in Karna Parva of the
Mahabharata, Verse 58 in Chapter 69
says:
"Dharma is for the stability of the society, the
maintenance of social order and the general
well-being and progress of humankind. Whatever
conduces to the fulfilment of these objects is
Dharma; that is definite."
(This is the English translation of the verse as finding
place in the aforesaid Convocation Address by
Dr. Shankar Dayal Sharma)
144. The Brhadaranyakopanishad identified dharma with
truth, and declared its supreme status
thus:
"There is nothing higher than dharma.
Even a very weak man hopes to prevail over a very strong
man on the strength of dharma, just as (he
prevails over a wrongdoer) with the help of the King. So
what is called dharma is really truth.
Therefore people say about a man who declares the truth
that he is declaring dharma and about one
who declares dharma they say he speaks the truth. These
two (dharma and truth) are this."
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(English translation of the original text as given in the
aforesaid Convocation Address)
145. The essential aspect of our ancient thought
concerning law was the clear recognition of the
supremacy of dharma and the clear articulation of the
status of 'dharma' which is somewhat akin to
the modern concept of the rule of law, i.e. of all being
sustained and regulated by it.
146. In Verse 9 of Chapter 5 in the Ashrama Vasika Parva
of the Mahabharata, Dhritrashtra states to
Yudhisthira: "The State can only be preserved by dharma
under the rule of law."
147. Ashoka mentioned about victory of dharma in his
rock edict at Kalsi which proclaimed his
achievement in terms of the moral and ethical imperatives
of dharma, and exemplified the ancient
dictum: ";rks ?keZLrrks t;:" (where there is Law, there is
Victory).
153. The author goes on to say that the perennial truths,
rules, and laws that help maintain peace
and harmony in one's individual and in the community
life constitute dharma. It applies for all
times and in all places. Social laws and even national
constitutions devoid of such a dharma will lead
a society towards an inevitable decline.
155. ..In the practice of dharma, one is advised to shed the
veil of ignorance and practise
truthfulness in one's thoughts, speech, and actions. How
can dharma be secret, having revelation as
its source? Withholding nothing, all the great sages in the
world shared their knowledge with
humanity. In the Bhagavad Gita, the Bible, Koran, and
Dhammapada knowledge, like the sun,
shines for all.
156. It is because of the above that if one were to ask
"What are the signs and symptoms of
dharma?", the answer is: that which has no room for
narrow- mindedness, sectarianism, blind faith,
and dogma. The purity of dharma, therefore, cannot be
compromised with sectarianism. A sectarian
religion is open to a limited group of people whereas
dharma embraces all and excludes none. This
is the core of our dharma, our psyche."
It is crystal clear that the word "religion" has different
shades and colours. Important shade is
dharma (duty). That is to say, duty towards the society
and the soul. In Santosh Kumar and others v.
Secretary, Ministry of Human Resources Development
and another [(1994) 6 SCC 579], the Court
negatived the contention that teaching of Sanskrit
language as an elective subject would act against
secularism as accepted by nine-Judge Bench of this Court
in S.R. Bommai v. Union of India [(1994)
3 SCC 1] and held thus: "16. For the disposal of the cases
at hand it is not necessary to elaborately
discuss what are the basic requirements of secularism
inasmuch as in Bommai case this exercise has
been well done by the learned Judges. It would be enough
for our purpose to note what some of the
learned Judges said in this regard. Sawant, J., with whom
one of us (Kuldip Singh, J.) agreed,
quoted in para 147 of the report what Shri M.C. Setalvad
had stated on secularism in his Patel
Memorial Lectures, 1965. One of the observations made
by Setalvad was that a secular State is not
hostile to religion but holds itself neutral in matters of
religion. The further observation in para 148
is that the State's tolerance of religion does not make it
either a religious or a theocratic State.
Ramaswami, J. stated in para 179 that secularism
represents faiths born out of the exercise of
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rational faculties and it enables to see the imperative
requirements for human progress in all aspects
and cultural and social advancement and indeed for
human survival itself.
17. It would be profitable to note that according to Justice
H.R. Khanna secularism is neither
anti-God nor pro-God; it treats alike the devout, the
agnostic and the atheist. According to him,
secularism is not antithesis of religious devoutness. He
would like to dispel the impression that if a
person is devout Hindu or devout Muslim he ceases to be
secular. This is illustrated by saying that
Vivekananda and Gandhiji were the greatest Hindus yet
their entire life and teachings embodied the
essence of secularism. (See his article "The Spirit of
Secularism" as printed in Secularism and India:
Dilemmas and Challenges edited by Shri M.M.
Sankhdhar.) Therefore, in our view, the word
'religion' should not be misunderstood nor contention
could be raised that as it is used in the
national policy of education, secularism would be at peril.
On the contrary, let us have a secularistic
democracy where even a very weak man hopes to prevail
over a very strong man (having post, power
or property) on the strength of rule of law by proper
understanding of duties towards the Society.
Value based education is likely to help the nation to fight
against all kinds of prevailing fanaticism,
ill-will, violence, dishonesty, corruption, exploitation and
drug abuses. As stated above, the NCF
1988 was designed to enable the learner to acquire
knowledge and was aimed at self-discipline,
courage, love for social justice etc. truth, righteous
conduct, peace, non-violence which are core
universal values that can become the foundation for
building the value based education. These high
values cannot be achieved without knowledge of moral
sanction behind it. For this purpose,
knowledge of what is thought over by the leaders in past
is required to be understood in its true
spirit. Let knowledge, like the sun, shine for all and that
there should not be any room for
narrow-mindedness, blind faith and dogma. For this
purpose also, if basic tenets of all religions over
the world are learnt, it cannot be said that secularism
would not survive.
Learned counsel for the petitioners heavily relied upon
Article 28 of the Constitution for contending
that national curriculum is against the mandate of the said
Article. For appreciating the said
contention, we would first refer to Article 28:
"28. Freedom as to attendance at religious instruction or
religious worship in certain educational
institutions. (1) No religious instruction shall be provided
in any educational institution wholly
maintained out of State funds.
(2) Nothing in clause (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 institution.
(3) No person attending any educational institution
recognised by the State or receiving aid out of
State funds shall be required to take part in any religious
instruction that may be imparted in such
institution or to attend any religious worship that may be
conducted in such institution or in any
premises attached thereto unless such person or, if such
person is a minor, his guardian has given
his consent thereto."
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In substance, the aforesaid Article prohibits imparting of
religious instructions in any educational
institution wholly maintained out of State funds. At the
same time, there is no such prohibition
where such an educational institution is established under
any endowment or trust which requires
that religious instruction shall be imparted in such
institution.
Further, no person attending any educational institution
recognised by the State or receiving aid out
of State funds could be compelled to take part in any
religious instruction that may be imparted in
such institution or to attend any religious worship that
may be conducted in such institution. So the
entire emphasis of the Article is against imparting
religious instruction or of performing religious
worship. There is no prohibition for having study of
religious philosophy and culture, particularly
for having value based social life in a society which is
degenerating for power, post or property. In
DAV College v. State of Punjab [(1971) 2 SCC 269] the
constitutional validity of certain provisions of
Guru Nanak University, Amritsar, Act 21 of 1969 was
challenged by DAV (Dayanand Anglo Vedic)
College Trust. The Trust was formed to perpetuate the
memory of Swami Dayanand Saraswati who
was the founder of an organisation known as Arya Samaj.
It was claimed that it was having fixed
religious programme and its constitution is designed to
perpetuate the religious teaching and
philosophy of its founder. It was inter alia contended that
as the Guru Nanak University was wholly
maintained out of the State funds and the provision under
Section 4(2) offends Article 28(1) which
is not saved by clause (2) thereof and in that context the
Court observed (in para 24) thus:
"24. .If the University makes provision for an academic
study and research of the life and teachings
of any saint it cannot on any reasonable view be
considered to require Colleges affiliated to the
University to compulsorily study his life and teachings or
to do research in them. The impugned
provision would merely indicate that the University can
institute courses of study or provide
research facilities for any student of the University
whether he belongs to the majority or the
minority community to engage himself in such study or
research but be it remembered that this
study and research on the life and teachings of the Guru
Nanak must be a study in relation to their
culture and religious impact in the context of Indian and
world civilizations which is mostly an
academic and philosophical study."
The Court further observed (in para 26) as under: "26.
Even so the petitioners have still to make out
that Section 4(2) implies that religious instruction will be
given. We think that such a contention is
too remote and divorced from the object of the provision.
Religious instruction is that which is
imparted for inculcating the tenets, the rituals, the
observances, ceremonies and modes of worship
of a particular sect or denomination. To provide for
academic study of life and teaching or the
philosophy and culture of any great saint of India in
relation to or the impact on the Indian and
world civilizations cannot be considered as making
provision for religious instructions."
The learned counsel for the petitioners next contended
that if philosophy of religion spills into
teaching religious tenets, it would fall under "religious
instructions". In our view, this submission is
hypothetical, premature and without any basis as it is on
the assumption that under the guise of
religious philosophy, religious instructions would be
imparted. Hence, in our view, it is not
necessary to refer to the discussion relied upon by the
learned counsel in the Constituent Assembly
debates. However, we would make it clear that the said
discussion is pertaining to religious
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instructions.
Additional Submissions A. Regarding Sanskrit Language
Learned senior counsel Mr. Vaidyanathan
further submitted that Sanskrit language is imposed in an
unjustified manner.
For Sanskrit language being imposed, it has been pointed
that allegation is wholly wrong. The
provisions only enable this language to be taught to those
students who wish to study it. Sanskrit
may be made available as an additional option at the
secondary stage and as suitable elective course
to all those who wish to study it at the higher secondary
stage. It is also pointed out that Sanskrit is
one of the official languages of India. Reliance is placed
on Santosh Kumar's case (Supra), wherein
this Court has emphasized the importance of Sanskrit
study and declared the omission of Sanskrit
from CBSE syllabus as unjustified.
In the aforesaid case, the Court observed thus:
"19. .we entertain no doubt in our mind that teaching of
Sanskrit alone as an elective subject can in
no way be regarded as against secularism. Indeed, our
Constitution requires giving of fillip to
Sanskrit because of what has been stated in Article 351, in
which while dealing with the duty of the
Union to promote the spread of Hindi, it has been
provided that it would draw, whenever necessary
or desirable, for its vocabulary, primarily on Sanskrit.
Encouragement to Sanskrit is also necessary
because of it being one of the languages included in the
Eighth Schedule.
20. We, therefore, conclude by saying that in view of
importance of Sanskrit for nurturing our
cultural heritage, because of which even the official
education policy has highlighted the need of
study of Sanskrit, making of Sanskrit alone as an elective
subject, while not conceding this status to
Arabic and/or Persian, would not in any way militate
against the basic tenet of secularism. There is
thus no merit in the first objection raised by the Board."
B. Regarding Vedic Astrology It is pointed out that what
has been mentioned in the curriculum is
'astronomy' and not 'vedic astrology'. Astronomy is well
known science and different from vedic
astrology.
C. Regarding Vedic Mathematics It is submitted that there
is no question of imposition of vedic
mathematics. It has not been made part of the curriculum
but suggested as a computational aid. In
teaching mathematics, the teachers are free to merely use
it or not as an available idea. It is pointed
out that merely because epithet 'vedic' is used, the
petitioners has attempted to attribute something
of religion to it. The word 'vedic' in this context indicates
only time factor.
D. Regarding Hindu Festivals being treated as National
Festivals.
It is submitted that this is a clear distortion as the
curriculum book no where says so. On the other
hand, it says "Schools may organise joint celebration of
festivals of major religions and cultural
groups. This would generate better understanding of and
appreciation and respect for one another
and create a tolerant and cohesive society."
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E. It is contended that instead of emphasizing
development of scientific temper and imparting
knowledge to children, to help them develop their own
views something contrary is tried to be
implemented. There is also distortion of version of history
by using the words "Mughals invaded the
country as against Britishers conquered the country."
The aforesaid submission does not deserve any
consideration hence rejected.
F. Learned senior counsel, Mr. Vaidyanathan, vehemently
submitted that NCFSE also runs contrary
to Article 14 of the Constitution in as much as it seeks to
categorise students into 'gifted' and
otherwise for separate treatment only on the basis of
'spiritual quotients' and 'intelligence
quotients'. It is his contention that 'intelligence quotient'
has been banned through out by the
United States of America as not being the correct method
to test students. 'Spiritual quotient' is not
valid anywhere else in the world. Therefore, the basis of
such classification is wholly arbitrary.
The aforesaid question cannot be decided in a writ
petition under Article 32. It is for the experts to
lay down the criteria for evaluating the
merits/gradation/standard of the students and to decide
whether criteria adopted in U.S.A. should be followed or
not.
Non-Consultation with CABE In the result, we hold that
non-consultation with CABE cannot be held
to be a ground for setting aside the National Curriculum
Framework for School Education (NCFSE)
as
a) CABE is not a statutory body;
b) There is nothing in the resolution passed by the
Government constituting the CABE in 1986 and
1990 that CABE is required to be consulted before
framing NCFSE. Functions of the CABE are
mainly to advise the Government and co-ordinate
between the Centre and State in implementing the
National Education Policy.
c) For one or other reason, it is not reconstituted after
1994, may be that ex-officio members at
present constitute CABE. However, we are not required to
decide why the CABE is not reconstituted.
It is for the Government or for the Parliament to decide
the said question and to reconstitute the
same as it is or by making it a compact Board as
suggested by the Prime Minister which is evident
from the letter dated 12th February, 1997 written by the
Deputy Secretary, Government of India, for
reconstitution of CABE.
d) NCERT is constituted under the Rules. It also consists
of ex-officio members as well as
representatives of Parliament and experts in the education.
Violation of Article 28 The NCFSE nowhere talks of
imparting religious instructions as prohibited
under Article 28. What is sought is to have value based
education and for 'religion' it is stated that
students be given the awareness that the essence of every
religion is common. Only practices differ.
There is a specific caution that all steps should be taken in
advance to ensure that no personal
prejudices or narrow minded perceptions are allowed to
distort the real purpose. Dogmas and
Ms. Aruna Roy And Others vs Union Of India And
Others on 12 September, 2002
Indian Kanoon - http://indiankanoon.org/doc/509065/ 20
superstitions should not be propagated in the name of
education about religions. What is sought to
be imparted is incorporated in Article 51(A)(e), which
provides "to promote harmony and the spirit
of common brotherhood amongst all the people of India
transcending religious, linguistic and
regional or sectional diversities; to renounce practices
derogatory to the dignity of women" And to
see that universal values, such as truth, righteous conduct,
peace, love and non-violence be the
foundation of education.
In the result, this petition is dismissed with no order as to
costs. Interim relief granted by this Court
stands vacated. IAs seeking intervention in this matter
stand disposed of accordingly.
Ms. Aruna Roy And Others vs Union Of India And
Others on 12 September, 2002
Indian Kanoon - http://indiankanoon.org/doc/509065/ 21