MS. ARUNA ROY AND OTHERS v. UNION OF INDIA AND OTHERS

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Court
Supreme Court of India
Decided
(year only)
Bench
M.B. SHAH, D.M. DHARMADHIKARI and H.K. SEMA
Citation
[2002] Supp. 2 S.C.R. 266
Whole judgment (for printing)

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Judgment · Supreme Court of India · decided (year only) · Bench: M.B. SHAH, D.M. DHARMADHIKARI and H.K. SEMA

[2002] Supp. 2 S.C.R. 266

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Headnote — Supreme Court Reports (editorial summary, not part of the judgment)

MS. ARUNA ROY v. U.0.l. 267 Dismissing the petition, the Court

Held

Per Shah, J. :

Reporter's headnote (continued) and case details

A MS. ARUNA ROY AND OTHERS V,

UNION OF INDIA AND OTHERS

SEPTEMBER 12, 2002

B

Constitution of India, I950; Articles 2I, 27, 28, J2 and 5JA:

PJL-Publication of National Curriculum Framework for School C Education 2000(NCFS.E.) by NCE.R.T.--Challenge on grounds of non- consultation with Central Advisory Board of Education, and as being unconstitutional and anti-secular-Held unfounded-Hence rejected.

Non-consultation with CABE-Effect of-Held, CABE being a non- D statutory body constituted by the Government in exercise of its executive fanction, consultation before finalisation of Education Policy is not mandatory-- Besides, N CE.R. T. is a statuto1y body comprising of experts and Members of Parliament-Thus, formulation of NCFS.E. 2000 without consultation with CABE is not violative of established principles/statutory provisions/rules.

E Secularistic democracy-preservation of-Held, NCFS.E. emphasizing on study of basic tenets of all religions besides assurance by the Central Government that no personal prejudices or narrow minded preceptions are allowed to distort the real purpose. Hence, secular features of the Constitution remained undisturbed/unaffected.

F Educational Institutions maintained out of State fund-Imparting of religious instructioi1s-Prohibitions-Scope and ambit of-Held, NCFSE comprise teaching of religious philosophy and culture particularly for having value based social life in the society which is also in conformity with fundamental duty enshrined under Article 5I(A). Thus, NCFS.E. is not G unconstitutional as being violative of Article 28.

Petitioner filed Public Interest Litigation under Article 32 of the Constitution of India challenging publication of the National Curriculum Framework for School Education (NCFSE) by N.C.E.R.T. on the grounds that there was no consultation with .Central Advisory Board of Education H (CABE), that it wa~ unconstitutional and it has anti-secular features. 266

I.I. CABE is not constituted under any Act or Rules, hence not a statutory body. However, it is not disputed that it continuously functioned since 1935 to 1994. As per Resolution dated 10th April, 1986 issued by the Ministry of Human Resources Development (Deptt. of Education), Government of India, CABE consists of 104 Members including ex-officio members, members nominated by the Government and members elected by the Parliament. The Resolution also requires that the Board would 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. Subsequently, on 19th October, 1990, Government of India passed another Resolution reconstituting CABE. From these two resolutions, it is apparent that the functions of CABE are limited. It nowhere mandates that before framing national curriculum framework for school education, the Government shall consult CABE and act as per its advice. Admittedly, CABE for one or the other reason was not reconstituted since 1994 as neither the Government has nominated the members nor the Parliament has elected members as required by the 1990 Resolution. As per the 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. [277-G, H; 278-A, H; 279-A, B; F; 281-E[

1.2. The main function of 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 Ccntr11l Government and the State Government for educational development in accordance with the G Education Policy. Suo moto also, it can advise on any education question. From the report of the Ministry of Human Resources Development, 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 education policies and programmes. H Further, there is nothing on record to establish that in past approval of

p. 268

A 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 B constituting CABE is to have interaction so that imparting of education is helpful in national reconstruction and social cohesion. 1282-B, C; Fl

1.3. It is true that for coordination between the State and the Centre in implementing the education policy, CABE had played an important role. C But this would not mean that before framing such policy by an independent body; namely, NCERT, CABE ought to have been reconstituted and consulted. [284-A)

1.4. CABE is a non-statutory body constituted by the resolutions of the Government of India from time to time though it is functioning since

D 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 NCERT is violative of any statutory provision or rules. 1279-H; 280-A)

2.1. None can dispute that past five decades have witnessed constant erosion of the essential social, moral and spiritual values and increase in cynicism .at all levels. People 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 n°or secularism. Bereft of moral values, secular society or democracy may not survive. S.B. Chavan Committee was appointed by the Parliament to make suggestions for value based education system and its report was placed before the Parliament for discussion. As per the report, values are virtues in an individuai 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, there cannot be a solid social foundation from base level so that a grown up person would fight against all kinds of fanaticism, ill will, violence, dishonesty, corruption and exploitation. '· 1294-C, D, El

H 2.2. For controlling wild animal instinct in human beings and for

MS. ARUNA ROY v. U.0.1. 269 · having civilized cultural society, it appears that religions have come into existence. Religion is the foundation for value based 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. Co-existence, not only with human beings but also with all living beings on the earth, and discussed by Saints and leaders all over the world which is reflected in religions. Such teachings cannot be objected as it is neither violative of constitutional or legal rights nor it offends moral values. 1294-E, F, GI

2.3. No one can dispute that truth (satya), righteous conduct C (dharma), peace (shanti), love (prem) and non-violence (ahinsa) are the core universal values accepted by all religions. S.B. Chavan 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 D made aware that the basic concept behind every religion is common, only the practices differ. If these recommendations made by the Committee arc accepted by NCERT and are sought to be implemented by formulating NCFSE, it cannot be stated that its action is arbitrary or unJ11stified. (295-A, Bl E 2.4. The word 'religion' should not be mis1111derstood nor contention could be raised that as it is used in the national policy of education, secularism would be at peril. On the contrary, in a secularistic democracy 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 p understanding of duties· towards the Society. Value based education is likely to help the nation tu iight against all kinds of prevailing fanaticism, ill-will, violence, dishonesty, corruption, exploitation and drug abuses. 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 G secularism would not survive.

A.S. Narayana Deekshitu/u v. State of A.P. and Ors. 11996) 9 SCC 548; Santosh Kumar and Ors. v. Secretary, Ministry of Human Resources Deve,lopment and Anr., 119941 6 sec 5791 and S.R. Bommai v. Union of H

p. 270

A India, 119941 3 SCC 1, relied on. 1298-G, H; 299-A, B, C)

2.5. 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. Besides, the NCFSE would also be in consonance with the fundamental duties enshrined under Article SIA of the Constitution. May be that basics of all religions may help in achieving the objects behind fundamental duties. (295-C, D; 296-C(

2.6. Article 28 prohibits imparting of religious instructions in any educational institution wholly maintained out of State funds. However, the entire emphasis of Article 28 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. (299-G, H; 300-81 D DAV College v. State of Punjab, (19711 2 SCC 269, distinguished.

3.t. The provisions of N.C.F.S.E. only enable Sanskrit language to be taught to those students who wish to study it. Sanskrit is one of the official languages of India. This Court has emphasized the importance of E Sanskrit study and declared the omission of Sanskrit from CBSE syllabus as unjustified. (301-E, Fl

Santosh Kumar and Ors. v. Secretary, Ministry of Human Resources Development and Anr., (1994( 6 SCC 579(, relied on.

F 3.2. The question that NCFSE 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', 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. (303-A, B, C( G 3.3. The challenge to N.C.F.S.E. on the grounds that it includes vedic astrology, vedic mathematics, ·Hindu festivals being treated as National festivals and that there has been distortion of version of history does not deserve any consideration. Hence rejected. (302-F, G, H(

H Per Dharmadhikari, J. (Supplementing):

MS. AR UNA ROY v. U.0.1. 271 1.1. Secularism is the basic structure of the Constitution. Clause (I) A of Article 28 prohibits imparting of 'religious instructions' in educational institutions fully maintained out of State funds. The words "religious instructions" have been held by this Court as not prohibiting education of religions dissociated from "tenets, the rituals, observances, ceremonies and modes of worship ofa particular sect or denomination". The academic study of the teaching and the philosophy of any great Saint such as Kabir, Gurunanak and Mahabir was held to be not prohibited by Article 28(1) of the Constitution. 1304-H; 305-A, Bl

D.A. V. College v. State of Punjab, (19711 2 SCC 269, relied on. 1.2. Constitution is a permanent document framed by the people through their chosen and learned representatives for regulating their social and political life in free India. The Constitution has been accepted by the people to govern them for all times to come. The basic structure of the Constitution is unchangeable and only such amendments to the Constitution are allowed which do not affect its basic structure and rob it of its essential character. The Constitution was framed by its makers keeping in view the situations and conditions prevailing at the time of its making; but being a permanent document, it has been conceived in a manner so as to ::pply to situations and conditions which might arise in future. The words and expressions used in the Constitution, in that sense, have no fixed meaning and must _receive interpretation based on experience of the people in the course of working of the Constitution. 1313-E, Fl

1.3. The word "secularism" used in the preamble of the Constitution is reflected in provisions contained in Articles 25 to 30 and Part IV A added to the Constitution containing Article SIA prescribing fundamental duties of the citizens. It has to be understood on the basis of more than 50 years experience of the working of the Constitution. The complete neutrality to"ards religion and apathy for all kinds of religious teachings in institutions of the State have not helpf:d in removing mutual misunderstanding and intolerance inter se between sections of people of different religions, faiths and beliefs. 'Secularism', therefore, is susceptible to a positive meaning that is developing understanding and respect towards different religions. The essence of secularism is non-discrimination of people by the State on the basis of religious differences, 'Secularism' can be practised by adopting a complete neutral approach towards religions or by a positive approach by making one section of religious people to understand and respect religion and faith of another section of people. H

p. 272

A Based on such mutual understanding and respect for each other" religious faith, mutual distrust and intolerance can gradually be eliminated. Study of religions, therefore, in school education cannot be held to be an attempt against the secular philosophy of the Constitution. 1313-H; 314-A-DI

1.4. Article 28(1) does not prohibit introduction of study of religions in the State educational institutions including those wholly or partly aided by the States. As a matter of fact, study of religions has been considered necessary for the unity and integrity of India. Indian society is composed of people of various religions and faiths. They are expected not only to live together and tolerate each other, but to live a harmonious life in peace and love. Before and after partition in India, religious conflicts and communal disturbances have impeded the growth of this Nation and its attempt towards progress. After National Education Policy of 1986, a shift by the impugned National Education Policy 2002 towards teaching of religions in the schools to educate children to understand common factors in all religions, is not a non-secular step. Even before the Government D decided to inake a shift in the educational policy in that direction, eminent educationists, thinkers, philosophers and academicians have expressed thoughts that for all round development of child, study of religions should start in rudimentary form from school education and should continue up to the higher education. [315-B, C, DI

E 1.5. A distinction, thus, has been made between imparting "religious instructions" that is teaching of rituals, observances, customs and traditions and other non-essential observances or modes of worship in religions and teaching of philosophies of religions with more emphasis on study of essential moral and spiritual thoughts contained in various religions. There is very thin dividing line between imparting of 'religious instructions' and 'study of religions'. Special care has to be taken of avoiding possibility of imparting 'religious instructions' in the name of 'religious education' or 'Study of Religions'. (305-B, C)

1.6. The study of religious pluralism can be articulated in generally acceptable way and such attempt has to be made particularly in India which time and again has suffered due to religious conflicts and communal disharmony. What is needed in the education is that the children of this country should acknowledge the vast range and complexity of differences apparent in the phenomenology of religion while at the same time they should understand the major streams of religious experience and thought as embodying different awarenesses of the one ultimate realitf. A wider

MS. ARUNA ROY v. U.0.1. 273 acceptance of a pluralist view of the religious life of humanity must involve developments in the self-understanding of each tradition, a modification of their claims to unique superiority in the interests of a more universal conception of the presence of the Real to the human spirit. 1310-A, B, q

Encyclopedia of Religion P.331-333, referred to. B 1.7. Education in India which is to be governed by secular ethos contained in its Con.stitution and where 'religious instructions' in institutions of the State are forbidden by Article 28(1), the 'religious education' which can be permitted, would be education based on 'religious pluralism'. The experiment is delicate and difficult but if undertaken sincerely and in good faith for creating peace and harmony in the society is not to be thwarted on the ground that it is against the concept of 'secularism' as narrowly understood to mean neutrality of State towards all religions and bereft of positive approach towards all religions. (309-B, CJ

1.8. How best this religious pluralism to accord with 'secular thought' of the country can be achieved by properly selecting the material for inclusion in the text books for children of different ages and different stages in the education, is a matter which has to be left to the academicians and educationists. Their involvement with all dignitaries and with other experts in related fields is necessary. This exercise has to be undertaken by the Government for which any direction from the Court is neither required and nor can the Court assume such power to encroach on the fieli; of preparation of an education policy by the State. 1310-G, H; 311-A)

1.9. The expression 'religious instructions' used in Article 28 (1) has a restricted meaning. It conveys that teaching of customs, ways of worships, practices or rituals cannot be allowed in educational institutions wholly maintained out of States funds. But Article 28(1) cannot be read as prohibiting study ofdifferent religions existing in India and outside India • . If that prohibition is read with the words "religious instructions" study of philosophy which is necessarily based on study of religions would be impermissible. That would amount to denying children a right to understand their own religion and religions of others, with whom they are living in India and with whom they may like to live and interact. Study of religions, therefore, is no prohibited by the Constitution and the constitutional provisions should no_t be read so, otherwise the chances of spiritual growth of human-being, which is considered to be the highest goal of human existence, would be totally frustrated. Any interpretation of H

p. 274

A Article 28(1), which negates the fundamental right of a child or a person to get education of different religions of the country and outside the country and of his own religion would be destructive of his fundamental right of receiving information, deriving knowledge and conducting his life on the basis of philosophy of his liking. 1311-C, D, El

B Constituent Assembly debate on Article 28, referred to.

2. The purpose of making a survey of various thoughts and philosophy of different religions and the views of different philosophers, educationists and thinkers is only to show that the majority of them do not advocate ban on religious education to children from school to college stage. What has been emphasised is that the religious education imparted to children should be one to make them aware of various thoughts and philosophies in religions without indoctrinating them and without curbing their free thinking, right to make choices for conducting their own life and deciding upon their course of action according to their individual inclinations. 1310-D, El

3. Democracy cannot survive and Constitution cannot work unless Indian citizens are not only learned and intelligent, but they are also of moral character and imbibe the inherent virtues of human-being such as truth, love and compassion. Thinkers and philosophers strongly recommend introduction of teaching of religions in education. There may ·be some difference of opinion between them as to at what stage of education it should be introduced. Whether it should be introduced right from the primary stage, may be a subject of debate and it is not for the Courts but for the educationists and academicians, to assist the F Government in formulating a sound Education Policy for primary education. 1317-B, Cl

4. The constitution and functions of NCERT as well as CABE are not so clearly delineated as to put them in water tight compartments. In evolving a National Policy on Education and based thereon a curriculum, G in accordance with long standing practice, it was desirable to consult CABE although for non-consultation the National Policy and the Curriculum cannot be set aside by the Court. In a constitutional democracy, Parliament is supreme and policies have to be framed and approved by the Parliament. Parliament had constituted CABE and NCERT and if CABE has any objection to the National Curriculum H nothing prevented it from expressing its opinion accordingly. It is

MS. ARUNA ROY v. U.0.1. 275 ultimately for the Parliament to take a decision on the National Education A Policy one way or the other. It is not the province of the Court to decide on the good or bad points of an Education Policy. The Court's limited jurisdiction to intervene in implementation ofa policy is only if it is found to be against any statute or the Constitution. There is nothing in the Education Policy or the Curriculum which is against the Constitution. B There is no ground to grant any relief as prayed for by the Petitioners. The Union of India is directed to consider the matter of filling the vacancies in the membership of CABE and convening a meeting of CABE for seeking opinion on the policy and the curriculum. 1320-E, F, G, H; 321-A)

5. All bodies created by executive power of the State, are answerable c to Parliament which is the supreme legislative body with all powers in suggesting and formulating a National Education Policy. It is open to Parliament to fill nominations to CABE, re-constitute it or do away with it. The Court can have no jurisdiction in that subject. This Court can enforce constitutional provisions and laws framed by the Parliament. It D cannot, however, compel that a particular practice or tradition followed in framing and implementing the policy, must be adhered to. The Court has to keep in mind the above limitations on its jurisdiction and power. It is true that if a policy framed in the field of education or other fields runs counter to the constitutional provisions or the philosophy behind those provisions, this Court must, as part of its constitutional duty, interdict such policy. (321-B, C, D)

Per Sema, J. (Concurring, but with reservation as regards the view relating to the role and functions of CABE):

I.I. While it is true that the CABE is a non-statutory body but one cannot overlook the fact that it has been in existence since 1935. It has also been accepted as an 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. Therefore, the importance of the role played by CABE cannot be side tracked on the plea that the body is non-statutory, particularly when it has been playing an important role in the past for evolving a consensus on the major policy decisions involving national policy on education. (322-B, C, Df

1.2. It is now well-settled principle that past practices and H

p. 276

A conventions form a precedent and followed unless decided otherwise. In the case of CABE, the terms of nominated members is only for three years but for ex-officio members there is no fixed term of office. This would mean that the existence of the Board, as such, is in perpetuity. This would also be clearly indicative of the importance of the Board. No resolution has been brought to the notice disbanding or discontinuing CABE. 1322-D, E)

2. it is true that continuance or discontinuance of such Board is within the realm of the executive authority, but as long as it exists, consultation with such body cannot be side-tracked. The Union of India is, therefore, directed to consider the filling up the vacancies of the nominated members of CABE and convene a meeting of CABE for seeking its opinion on National Curriculum Framework for School Education (NCFSE) as expeditiously as possible and in any case, before the next academic session. This would not, however, mean that NCFSE 2000 published by NCERT is illegal for non-consultation of CABE. 1323-B, CJ

D ORIGINAL CIVIL JURISDICTION : Writ Petition (Civil) No. 98 of 2002.

(Under Article 32 of the Constitution of India).

Harish N. Salve, Solicitor General, C.S.Vaidyanathan, Raju E Ramachandran, Kapil Sibal (N.P.), P.P. Rao, P.S. Misra, Amarendra Sharan, M.N. Krishnamani Hari Priya, K.V. Vijaykumar, K.C. Kaushik, Siddhartha Choudhary, R.N. Poddar, C. Radhakrishna, B.V. Bairam Das, Ms. Meenakshi Sakhardande, Ms Gayatri Goswami, Ms. Aparajitta Singh, K.C. Kaushik, D.S. Mahra; Ms. Neelam Sharma, Tara Chandra Sharma, Ajay Sharma, Rupesh Kumar, Rajeev Shanna, Ashok Kr. Pandey, G. Balajee, Chandra Shekhar F Singh, J.S. Bhasin, Amit Kumar, Amit Tiwary, Vishnu Sharma, Tathagat, H. Vardhan, Samir Ali Khan, Miss Deepa Raj, S. Pani, R.K. Singh, K.V. Mohan, Sunil Kumar Jain, Vijay Hansaria, M.S. Rahi, J.K. Bhatia, M.P. Vinod, Deepal Prakash, Nikhil Nayar and C.D. Singh for the appearing parties.

Judgment

The Judgment of the Court was delivered by G 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 H Training (hereinafter referred to as "NCERT") is against the constitutional

MS. ARUNA ROY v. U.O.l. [SHAH, J.) 277

mandate, anti-secular, and without consultation with Central Advisory Board A 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. B 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 :

11. The respondents have not sought the approval of the Central Advisory Board of to the National Curriculum Framework for C 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. D The NCFSE and the Syllabus are also violative of the fundamental right to education, fundamental right to developm~nt, 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. E 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 F • 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.

G 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. H

p. 278

A As per the Resolution dated I0th April, 1986 issued by the Ministry of Human Resource Development (Department of Education), Government of India, the functions of the CABE are as under :-

"I. The Central Advisory Board of Education was last constituted in April 1982 and its term expired in September, 1985. In view of the B 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 fonnulate the New Education Policy, it has been felt c necessary to redefine the fimctions of CABE.

22. The revised functions of CABE would be: (a) to review the progress of education ji·om time to time; • (b) to appraise the extent and manner in which the education policy D 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- E 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. F

33. For the discharge of these functions, the Board may (i) call for • infonnation 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, ... G 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 I 04 Members. H Out of them, 64 members are ex-officio members; 32 are nominated by the .

MS. ARUNA ROY v. U.0.1. [SHAH, .1.) 279 Government and 8 members are elected by Parliament. The quorum provided A 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. B 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: c "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. D 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 E 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.

Jn our view, this submission cannot be accepted. Firstly, it is to be H

p. 280

A 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 I935. 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. B 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 r.econstitute the body and it now cannot state that it hij5 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 CA BE 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 Education 1986 (NPE' 86) and made certain minor modifications therein. The said programme of action further states as under:

E "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 meaningfu/. and important role in the implementation of the F 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 G 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 NPEIPOA. "

It is also pointed out that the Report of the Ministry of Human Resource H Development of 1990-92 on the Development of Education in India also

MS. ARUNA ROYv. U.0.1. [SHAH, J.) 281

notes the importance of the CABE. The relevant extract is as follows: A· "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 B 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 C 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 D 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. E 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 F 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 dec·ided 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 G 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. Therefore, for one or other reason, it is apparent that CA BE was not reconstituted since 1994. H

p. 282

A 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 B 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 C 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 D 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 I 990 resolution constituting CABE inter a/ia takes note of the fact that it is a matter of importance that Central Government, State G 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 H Chairpersonship of Acharya Ramamurti. Same is the position in the present

MS. ARUNA ROY v. U.0.1. [SHAH, J.] 283 case. The recommendations of S.B. Chavan Committee constituted by A 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 B 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. c 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 D of NCERT which was produced on 1st 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." E 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. Ifthere 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 F 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 G 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. H

p. 284

A 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 unifonnity of standards in education. The Memorandum of Association ofNCERT, 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 a/ia 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; E (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".

It is rightly pointr~d out that it is clear from a reading of the Memorandum F of Association ofNCERT that the preparation of a curriculum model, which could be followed generally to improve educational techniques and practices, and which could also fonn 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 G 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

MS. ARUNA ROY v. U.0.1. [SHAH, .I.] 285 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 I 990 (by the Government resolution dated I 9th October I 990) is also chaired by the Union Minist~r 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. D 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 E 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 4 repeatedly pointed out that NCERT also consists of experts in the field of ' education as well as ex-officio members. If tl1e constitution of NCERT and F 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 majm~. G 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. H

p. 286

A Violation of Article 28

Learned counsel for the petitioners vehemently objected and pointed out that NCFSE pertaihing to education for value development is violative of Article 28 of the Constitution. Before referring to the contention raised by the learned counsel for the parties, we would refer to the relevant part ofNCFSE B which reads thus:

1.4.7. Education for Value Development.

The past five decades afier 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 int~gration 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- F 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 G Curriculum for Elementmy and Secondary Education-A 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.

MS. AR UNA ROY v. U.0.1. [SHAH . .I.) 287 The School Curriculu111 in 1988 was designed to enable the learner to acquire knowledge to develop concepts and inculcate values co111111e11s11rate with the social, c11l111ral. economic and environmental realities at the national and international levels. The social values aimed at were fi"iendliness, 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 progra111me as per the reco111111endations of the S.B. Chavan Co111111ittee Report sub111itted to the Indian Parlia111ent in February, 1999. These five universal values represent the five domains of the human personality intellectual, physical, emotional, psychological and spiritual-are "correlated with the five 111ajor objectives of education, namely knowledge, skill, balance, vision and identity." (81 st Report on Value-Based Education presented to Rajya Sabha on 26th February, 1999, lte111 No.8).

Besides, curriculu111 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, ji-aternity democratic altitude and sense of obligation to environmental protection.

Another significant factor that merits urgent allention now is religion. E 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 fro111 the pri111ary years. Students have to be given the F 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 Cha van Co111111 ittee (1999) strongly urges education about religions as an instru111ent of social cohesion and social and religious harmony. G The UNESCO Department for lntercultural 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 H

p. 288

A 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 B 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 c 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; F (iii) Enable the learner to acquire knowledge to develop concepts and inculcate values commensurate with social values aimed at friendliness, cooperativeness. Compassion, self-discipline, courage, love for social justice, truth, righteous conduct and non- violence; G (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; (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

MS. ARUNA ROY v. U.0.l. [SHAH, J.] 289 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 D Committees, namely, the Radhakrishnan Commission (1948-49), Kothari Commission (1964-66}, National Policy on E'.ducation (1986), Ramamurti Committee (1990), Central Advisory Board of Education (CABE) Committee on Policy (1992), Planning Commission Core Group on Value Orient_ation of Education (1992), which have highlighted the urgent need for making the educational system value-based. E 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 F was asked to implement this report. It is submitted that some of the recommendations in the curricul•m proposed by NCERT are virtual and verbatim copy of the report of the S.B. Cha van 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 G 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. H

p. 290

A At this stage, we would quote the relevant part of the S.B. Chavan Committee's report as under:

I. 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 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 We~tern 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 th~ 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 F ( 1964-66), National Pol icy 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 G 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." H

MS. AR UNA ROY v. U.0.1. [SHAR J.] 291

44. Against this background, the Committee decided to re-examine the A 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, B which was subsequently re-constituted on 6th August; 1997. However, as the work allocated to the Sub-Committee could not be completed during the tenn of the previous main Committee, a new Sub-Committee came into being on 6th August, 1998.

55. The Committee invited suggestions ji-0111 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.

66. 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. Bllt there are certain common elements which unite the COllntry in its diversity. This country has a long tradition. Here ji-0111 ancient times, there have been great saints and thinkers from different religions and sects who have talked about so111e eternal values. These va/Z1es are to be inculcated by Ollr yollng general ion.

77. 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. Jn other words, present day education is nothing but an information transmission process. Our educational system aims at only information H

p. 292

A 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 B 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."

88. Truth (Satya), Righteous Conduct (Dharma), Peace (Shanti), Love C (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 D objectives of education, namely, knowledge, skill, balance, vision and identity.

99. Primary school stage is the period in child's life when seed of value-education can be implanted in his/her impressionable mind in E a very subtle way. If this seed is nurtured by the capable hands of dedic!lted 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.

I 0. 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.

1111. 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 ·

MS. ARUNA ROY v. U.0.1. [SHAH. J.] 293 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.

1212. 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 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. c

1313. 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 ifthere are differences of opinion in certain areas, people have to learn to co-exist and carry no hatred against any religion.

1414. 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 r country. Under the invasion of Western culture penetrating into India through the media, the young are being literally moved away ji-0111 H

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