Introduction: Equal opportunity implied that the rich and poor a like should have equal access to the educational system and programme without any hindrance. All material barriers should be removed. Caste, Colour of creed should not put any check on an individual to pursue course of education in accordance with his ability and aptitude.
Equal opportunity does not mean identical education. No two individuals are alike. They differ in tastes, manners, attitudes and aptitudes, beliefs etc. Any attempt to provide precisely the same educational programmes and opportunities is likely to met with failure.
The Kothari Commission observed, "On grounds of social justice as well as for the furtherance of democracy, it is essential to make special efforts to equalize educational opportunities.
Dr. Radhakrishanan has pointed out long back, "Democracy only provides that all men should have equal opportunities for the development of their unequal talents. The Indian constitution also as per Article 15, 16, 17, 38 and 48, guarantees that the State shall not discriminate between persons on account of their religion or region and caste and class. The Preamble of the Constitution also assures equality to all the citizens.
Equality of Opportunities in the field of education
Certain provisions, were made in the constitution which aimed at fulfilling the aspirations of the people through the medium of education, are as follows:
1. Universalisation of primary education, Directive Principles: Article 41, 45 and 46
2. Equality of opportunities in Education: Article 28, 29, 350 and 351
3. Fundamental Rights and Duties: Articles 14, 15, 16, 30 and 51 A
Adequate measure have been taken by the Framers of the constitution to see social justice, economic, educational interests of the weaker sections of the people are protected in the best possible manner.
Article 46 of Part IV: Directive Principles of State Policy, of our constitution stresses on the promotion of educational and economic interests of the weaker sections of the Indian Citizenry.
1. Article 28 of the Constitution:
Equalisation of educational opportunities should be taken to mean providing suitable education for all in accordance with their interest, abilities and aptitudes, and denied of educational provision to any one who possess special aptitudes and interests in any kind of educational field.
Religion is a very strong aspect of Indian people. Therefore to give prominence to religious education, Art 28 is added in the constitution. It states:
Article 28 (1), "No religious instruction shall be provided to any educational institution wholly maintained out of State funds."
Article 29 (2), "Nothing in Clause (1) shall apply to an educational institution which is administered by the State, but has been established under my endowment or trust which requires that religious instruction shall be imparted in such institution."
Article 28(3), "No person attending any educational institution recognized 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 a consent thereto."
This article of the Constitution relates to "Freedom as to attendance at religious instruction or religious worship in certain educational institution. In other words, it tries to give permission to for religious education to all an equal opportunity in the matter religious instruction/education.
Issues:
This article does not say any thing about private intuitions. It only mentions:
(i) Institutions wholly maintained out of State funds,
(ii) Institutions recognized by the State;
(iii) Institutions receiving aids out of State funds,
(iv) Institutions that are administered by the State but are established under my endowment or trust which requires. Religious instruction to be imparted therein. This is done in order to give secular orientation to religious education. But, it is the duty of the State also be provide an opportunity to all persons to get religious education concerning their religion. Equality in education opportunity demands it.
In this direction, Mudaliar Commission has remarked, "In view of the provisions of the Constitution of the Secular State, religious Instruction cannot be given in schools except on a voluntary basis and outside the particular faith and with the consent of the parents of the parents and the management concerned. In making this recommendation, we wish to emphasise that discouraged in school, and also equal opportunities of religious instruction should be provided to all citizens of India.
2. Article-29 of the Constitution:
Article 29 of the Constitution gives equal educational rights to every citizen of India.
In the democracy, without caring to the religion, caste or status, all person are given equal opportunity for the all round development of their personalities. Keeping in view this basic assumption of democracy, under the article 29 of the Constitution, the education rights of everybody is conserved, protected and fixed. The articles 29 states.
Article-29 Protection of interests of minorities:
Article 29 (1): "Any section of the citizens residing in the territory of India or any part thereof, having a distinct language, script or culture of its own shall have the right to conserve the same."
Article 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."
Issues:
The provisions in the constitution in India ensure the minorities that their special interests are under the constitution. Secondary Education Commission as well as Indian Education Commission observed that some of the schools maintained by minorities promote unhealthy trends like disruptive tendencies and caste loyalties. Under the constitution private schools have right to exist. Indian. Education Commission wants an effective control over these institutions in the interest of quality of education and national Integration.
3. Article 350 of the Constitution:
This article relates to facilities for instruction in mother tongue so that every Indian should get an equal opportunity to receive education in his or her mother tongue, especially at the primary stage.
Article 350 (A) Facilities for Instruction in Mother tongue at Primary Stage: It shall be the endeavour of every state and 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."
Article 350 (B) Special Officer for Linguistic Minorities: 350 (B) (a) There will be a special officer appointed by the President of India for linguistic minorities.
350 (B) (b) It will be the duty of the special officer to conduct research or studies in to all subject related to the notion of linguistic minorities as defined in the constitution, and to send suggestions to the president regarding these subjects."
Instruction in Mother Tongue is very important for bringing equality in opportunities in Education. Many children in India leave their studies in between for want of this facility,
Issues:
Secondary Education Commission emphasized the need of imparting instructions in mother tongue to those children who belong to linguistic minorities. The present position is that either the mother tongue or the regional language has been adopted as the medium of instruction, where minorities exist; provision is made to give instructions in mother tongue, if the minimum number of pupils is available.
4. Article 351 of the Constitution:
This Article places special responsibility on the centre to develop the national language Le. Hindi. A large number of Indians speak Hindi language specially in northern India. To provide them equality in educational field, it is necessary to develop Hindi so that it can come upto the level and status of English language in India. The article states:
It shall be the duty of the union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with the genius, the forms, style and expressions used in Hindustani and in the other languages of India, specified in the eight Schedule, and by drawing. Whatever necessary/desirable for its vocabulary, primarily on Sanskrit and secondarily on other languages. Indian Constitution Articles 345, 346, 347 deal with Regional languages.
Issues:
The constitutional provision regarding the development and enrichment of Hindi is quite in tune with national integration. The important educational implications emerge from this constitutional provision are
- Hindi to be enriched and developed so that it could be used as the official language of the union.
- Hindi to be propagated in Non Hindi speaking areas.
- There is a directorate of Hindi in the central ministry of Home Affairs.
- Scholarships are given for the study of Hindi.
- Assistance is given to Non Hindi speaking states to propagate Hindi.
Conclusion: Education has been considered as a universal human right. Equality in education is directly related to democratic development, economic development, nation's development and to accelerate the process of modernization. Thus, we can say that the provisions were made in the constitution for providing equality of opportunities in education for different sections of the society so that India can become an educated country.
Question: Explain the Fundamental of Rights and duties (Article 14, 15, 16, 21-A, 30 and 51-A) in relation to education.
Answer: Introduction: The citizens of India have been guaranteed certain fundamental rights. The provision of these fundamental rights in the constitution acts as a check on arbitrary action on the part of those in authority. For every right, there is corresponding duty. All men have right to life. All men have the duty to respect human life and not to injure other persons.
Fundamental Duties:
Laying down certain duties of the citizens is one of the most valuable parts of the constitution. It was only in 1976 that the constitution laid down the duties of the individual. There is a mention of the fundamental right in the constitution and no rights could ever be enjoyed unless others are made to perform complementary duties. For example, we wish to enjoy our right to freedom; we ought to abide by our duty not to interfere with the freedom of others.
Fundamental Right:-
Part-III (of the Constitution)-Articles 12-35. The constitution of India embodies a number of Fundamental Rights in Part III of the
constitution. Rights are those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the constitution of India are fundamental as they have incorporated into "Fundamental law of the land" and are enforceable in a court of law.
Definition of Fundamental rights. The fundamental rights are defined as human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights are universally applicable to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or sex.
There are six Broad categories: The constitution classifies the fundamental rights under 6 groups as follows: -
1. The Right to Equality(Article 14 to 18): Including the equality betore law and the equal protection of laws (Art. 14), prohibition of discrimination on grounds of religion, races, caste, sex or place of birth (Art.15) and Art. 16 concerning equality of opportunity in matters of public employment. Abolition of Untouchablity and the system of titles in Art. 17 & 18.
2.The Right to Freedom: Right to freedom of speech and expression, assembly, association or union, movement and resided and settle in any par of India and right to practice any profession and occupation (Article 19). Article 21 gives the right to protection of life and personal liberty.
Right to Education: Articles 21 (A) is added as a new Article in the Constitution (86" Amendment) Act. 2002, which provides free and compulsory education for all children between the age of 6-14 years. This is included under the right to freedom.
3. The Right Against Exploitation(Article 23 to 24): Articles 23 and 24 Prohibit all forms of forced labour, child labour and traffic in human beings.
4. The Right of religious freedom(Article 25 to 28): -means the right to Freedom of Conscience and Free Procession, practice and propagation of religion (Articles 25 to 28).
5. The Right of Minorities to conserver their culture, language and script and to establish and administer educational institutions 5 of their choice (29, 30).
6. The Right to Constitutional Remedies(Article 32) for the Enforcement of All these Fundamental Right is included in Article 32.
Education as Fundamental Right:-
A democracy aims at the maximum development of the individual's personality and the personality of the individual is inseparably bound with his liberty. Only a free society can assume the progress of its members which ultimately helps the advancement of human welfare. Therefore, every democracy pays special attention to securing this basic objective to the maximum extent without, at the same time, endangering the security of the state itself. A common device used by them is to incorporate a list of fundamentals rights in their Constitutions for this purpose and guarantee them from violation by executive and legislative authorities.
India is a democratic country. It has also given some fundamental rights to its citizens. In the Part III of our Constitution, these fundamentals of rights are given. These are Right to Equality; Right to Freedom, Right against exploitation, Right to freedom of Religion; Cultural and educational rights and Right to Constitutional remedies. He Right to property was eliminated form the Constitution by 44" Amendment Act.
So there are some Articles concerning education in the constitution. They are in accordance to our political, economic and cultural needs. These constitutional provisions regarding education in India aim at fulfilling the aspirations of the people through the medium of education. Now, here education in included in the fundamentals rights, that are given by the constitution to the Indian people.
The Constitution of India provides the following provisions relating to education in the country.
(1) Article 45 of Indian Constitution: -
Article 45 of the Indian Constitution states, "The state shall endeavour to provide within a period of ten years form the commencement of this constitution, for free and compulsory education for all children until they complete the age of fourteen years.
This Article of Directive principles of State Policy includes the most important constitutional provision regarding Indian Education. It deals with the free and compulsory Primary Education.
In India, first of all, the Baroda State of India had introduced compulsory primary education in 1906. During British Period in 1991, Mr. Gopala Krishna Gokhle, a member of Imperial Legislature, moved a resolution in the Council to make elementary education free and compulsory throughout the country. But, this effort was failed miserably. This become reality when in 1920, all the Provisional Governments of India passed Acts for introducing Compulsory Primary Education in their Provinces. Gandhiji scheme of Basic Education (1937) was also concerned to Elementary Education. The Sargent Report (1949) also recommended a universal system of primary education. After independence, Indian Govt, included this provision in the Constitution.
The Norms of fundamentals Right to Education :
For making primary education as an fundamental right, following provisions and norms are essential to be fulfilled by the Government
1. Provision of teachers in the ration of 1:30 at primary and upper primary level and a provision of at least two teachers in every two primary schools.
2. Provision of a upper primary school for every two primary schools.
3. Provision of primary school within one kilometer of every habitation. This would entail the establishment of nearly 1.84 lakh new primary schools.
4. Provision of classroom for every teacher and a separate Headmaster's room in the Upper Primary School.
5. Provision of schools equipment as according to Operation Black Board.
6. Provision of school uniform and scholarship to children below the poverty line.
7. Provision of Cooked meal/food grains to the students.
8. Provision of free Textbooks and stationary to the students.
9. Provision for maintenance of school building and other school infrastructure, and replacement of school equipment on regular basis.
10. Provision for teacher training and community monitoring the elementary education projects and classroom observation by 11 resources person has to be made.
11. For disabled children, special facilities to be provided.
12. Establishment of New DIETS, Block Resource Centres and Cluster Resource Centres has to be made in uncovered regions. All India Educational Survey 1993 has provided the basis for assessing educational facilities that were available to schools at that time. According to that assessment, investments in the primary schools have been made by the Centre and State Governments.
(11) Constitutionally Administration of Education:-
Till 1976, education in India was a State subject, when the 42 Amendment to the Constitution was made to bring education under Concurrent list. This Amendment cancelled/deleted the 'entry' of the State list and enlarged the 'entry 25' in the Concurrent List.
The entry 25' of the list III, of the Constitution now reads as, "Education, including technical education, medical education and universities subject to the provisions of entries 63, 64, 65 and 66 of list I, Vocational and technical training of labour.