TMI Blog2002 (9) TMI 844X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. It is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re 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 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 pres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Education was accordingly requested to examine the proposal. 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 Reso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication 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 approva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 followe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ldren 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly 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 non- violence (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith 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. (English translation of the original text as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l 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. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ating 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 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 point ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding 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. 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 q ..... X X X X Extracts X X X X X X X X Extracts X X X X
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