EDUCATION IN CONTEMPORARY INDIA, CONSTITUTIONAL CONTEXT

 

Unit- I: EDUCATION IN CONTEMPORARY INDIA, CONSTITUTIONAL CONTEXT

Education – meaning, definitions, nature, functions and aims; nature of education as a discipline - types of education; formal, informal and non-formal; levels of education - Pre-primary, primary, secondary, senior secondary, higher, professional, distance and optional education; Aims and purposes of education drawn from constitutional provision; Education as a means of social justice in the Indian Constitution; Constitutional values and education (Preamble, Fundamental rights and duties); the Right to Free and Compulsory Education 2010 (RTE) and inclusion.

 


Unit- I: EDUCATION IN CONTEMPORARY INDIA, CONSTITUTIONAL CONTEXT

1.1.            Education

1.1.1.      Meaning of Education

1.1.2.      Definitions of Education

1.1.3.      Nature of Education

1.1.4.      Functions of Education

1.1.5.      Aims of Education

1.1.6.      Nature of education as a discipline –

1.2.            Types of Education;

1.2.1.      Formal Education

1.2.2.      Informal Education

1.2.3.      Non-formal Education

1.3.            Levels of Education

1.3.1.      Pre-primary Education

1.3.2.      Primary Education

1.3.3.      Secondary Education

1.3.4.      Senior secondary Education

1.3.5.      Higher Education

1.3.6.      Professional Education

1.3.7.      Distance and Education

1.3.8.      Optional Education;

1.4.            Aims and purposes of education drawn from constitutional provision

1.5.            Education as a means of social justice in the Indian Constitution

1.6.            Constitutional values and education (Preamble, Fundamental rights and duties)

1.7.            The Right to Free and Compulsory Education 2010 (RTE) and inclusion.

1.8.            Education in the concurrent list and its implications.

 

1.1.           Education

Etymologically, the word education is derived from educare (Latin) "bring up", which is related to educere "bring out", "bring forth what is within", "bring out potential" and educere, "to lead".

Broadly speaking education is a process of development from birth to death. It is a lifelong process. In narrow sense, school instruction is called education.

Education in the largest sense is any act or experience that has a formative effect on the mind, character, or physical ability of an individual. In its technical sense, education is the process by which society deliberately transmits its accumulated knowledge, skills and values from one generation to another.

“Education means an all-round drawing out of the best in a child and man – by body, mind, and spirit.

1.1.1.    Meaning of Education

Education is the process of facilitating learning or the acquisition of knowledge, skills, values, morals, beliefs, habits and personal development.

Education is both the act of teaching knowledge to others and the act of receiving knowledge from someone else. Education also refers to the knowledge received through schooling or instruction and to the institution of teaching as a whole.

Education is “Preparing a person to face everyday life”.

1.1.2.    Definitions of Education

Education is defined as the process of gaining knowledge. ... The process of training and developing the knowledge, skill, mind, character, etc., by formal schooling; teaching; training.

Vivekananda: “Education is the manifestation of divine perfection, already existing in man”.

Tagore: “Education means enabling the mind to find out that ultimate truth which emancipates us form the bondage of the dust and gives us the wealth, not of things but of inner light, not power but of love, making this truth of its own and living expression to it”.

Aurobindo Ghosh: “Education is helping the growing soul to draw out that is in itself”.

Mahatma Gandhi: “Education is the all-round drawing out of the best in child and man - body, mind and sprit”.

Pestalozzi: “Education is natural, harmonious and progressive development of man’s innate powers”

Ross: ”The main aim of education is the development of valuable personality and spiritual individuality.

Russell: Education was “the formation, by means of instruction, of certain mental habits and a certain outlook on life and the world.

Rousseau: "Education of man commences at his birth; before he can speak, before he can understand he is already instructed. Experience is the forerunner of the perfect".
Herbert Spencer: "Education is complete living".

Heinrich Pestalozzi: "Education is natural harmonious and progressive development of man's innate powers".

Friedrich Willian Froebel: "Education is unfoldment of what is already enfolded in the germ. It is the process through which the child makes internal external".
The Concepts of Education as given by prominent Indian educationists are as follows.

Principles of Education and School Organization

Rigved: "Education is something which makes man self-reliant and selfless".
Upanishad: "Education is for liberation".

Bhagavad Gita: "Nothing is more purifying on earth than wisdom."

Shankaracharya: "Education is the realization of self'.

Gunrunner: "Education is self realization and service to people".

Kautilya: "Education means training of the country and love of the nation".

Panini: "Human education means the training which one gets from nature".

1.1.3. Nature of Education

As the meaning of education, so its nature which is very complex. The natures of education are:

Education is life-long process- Education is life long process because every stage of life of an individual is important from educational point.

Education is a systematic process- It refers to transact its activities through a systematic institution and regulation.

Education is development of individual and the society- It is called a force for social development, which brings improvement in every aspect in the society.

Education is modification of behavior- Human behavior is modified and improved through educational process.

Education is a training- Human senses, mind, behavior, activities; skills are trained in a constructive and socially desirable way.

Education is instruction and direction- It directs and instructs an individual to fulfill his desires and needs for exaltation of his whole personality.

Education is life- Life without education is meaningless and like the life of a beast. Every aspect and incident needs education for its sound development.

Education is continuous reconstruction of our experiences- As per the definition of John Dewey education reconstructs and remodels our experiences towards socially desirable way.

Education is a power and treasure in human being through which he is entitled as the supreme master on the earth. Therefore, the role of education is countless for a perfect society and man. It is necessary for every society and nation to bring holistic happiness and prosperity to its individuals.

1.1.4.    Functions of Education

The functions of education can be classified as following 3 types.

  1. Function of education towards individual
  2. Function of education toward society
  3. Function of education toward nation

1. Function of education towards individual

Development of inborn potentialities: - Education helps the child to develop the inborn potentialities of the child providing scope to develop.

Modifying behavior: - Education helps to modify the past behavior through learning and through different agencies of education.

All round development: - Education aims at the all-round development of the child physical, mental, social, emotional and spiritual.

Preparing for the future: - After completion of education the child can earn his livelihood getting proper education, which has productivity. The education should be imparted according to the own interest of child.

Developing personality: - The whole personality of the child is developed physically, intellectually, morally, socially, aesthetically, spiritually. He is recognized in the society.

Helping for adjustability: - Man differs from beast. Man has reasoning and thinking power. Man tries his best to adjust with his own environment through education.

2. Function of education toward society

Social change and control: - Society is progressive and dynamic in nature. An individual lives in society. Thus education helps to walk with the development of individual for benefit of society.

Reconstruction of experience: - Life is education and education is life. Life is full of experiences. One cannot live with his past experiences which are unable to adjust in the society. So education helps the individual to reconstruct the experience and adjust with the environment.

Development of social and moral value: - Society is always in tension with narrowism. There is no social or moral value. Education teaches the moral value and social value like co-operation, tolerance, sympathy, fellow, feelings, love affection, respect towards elder, helping the poor and needy person.

Providing opportunity or equality: - Indian constitution has introduces the term equality because we are not getting equal opportunities in all aspects. Education teaches us to give equal opportunities in all aspects irrespective of caste, creed, colour, sex and religion.

3. Function of education toward nation

Inculcation of civic and social responsibility: - Education helps to make rising generation to understand its rights and duties as citizen of a democratic country.

Training for leadership: - The leadership quality of the individual is developed when he participates in all spheres of social, political, religious and educational activities.

National integration: - Education integration leads to emotional integration. Education trains people for unity, not for locality, for democracy and not for dictatorship.

Total national development: - education help for bringing about total national development by developing its all aspects i.e. social, economic cultural, spiritual, moral, educational, etc.

Education serves the most important end of educating the man. Therefore, really education is an essential ingredient for all ages and stages of the life of an individual, society as well as the nation. Education can be a real panacea for all social evil

1.1.5.    Aims of Education

The aim of education is to create individuals who are creative and may realize a creative society.  Such a system will be democratic.  According to Russell, one cannot progress without education.  Therefore, with Dewey and other American educationists, Russell supported democratic system of education.  The aim of education is to develop the child in such a way as to express his creative tendencies.  In this process the educated persons should develop vitality, courage, sensitiveness and intelligence.  The educated persons must have openness of mind.  Observation, patience, industry and faith in the possibility of knowledge are necessary for everyone who wants to learn.  The above-mentioned four qualities are necessary for the development of character and personality. The aim of education may divided in the following way:

1) Individual Aim: Adams also states that education is the endeavor to help one for self-realization.

2) Social Aim: Educationists like Prof. Bagley and John Dewey advocate that aim of education is to produce socially efficient individuals.

·         good health and vitality

·         vocational efficiency

·         simple skills required for a good life

·         cooperation with other members of the family

·         good parenthood

·         good citizenship

·         spending usefully one’s leisure-time

3) Knowledge Aim: Knowledge aim of education gives more emphasis for the cognitive development of human personality.

4) Vocational Aim: Some educationists think that education must enable the child to take up some vocation in order to earn his livelihood.

5) Moral Aim: Dr. S. Radhakrishnan, our former President, has put it, “Education is not merely a means to earning a living, nor is it only a nursery of thought or a school of citizenship. It is initiation into a life of spirit, a training of human souls in the pursuit of truth and the practice of virtue. It is a second birth, ‘dvittiya janma’ “.

6) The Complete Living Aim: John Dewey says that instead of imparting knowledge to pupils we should develop the ability to solve problems encountered in life.

7) Harmonious Development of Personality: By harmonious development we mean the development of all powers and capacities of an individual – physical, intellectual, emotional, moral, aesthetic, social and spiritual.

8) Leisure Aim: It should be spent in such a way that it is profitable both for the ‘self’ and to the society in large.

1.1.6.    Nature of Education as a Discipline

In broader point of view education is a lifelong process. It starts with conception and end with death (womb to tomb process). It is preparation of life through life experiences. Here education is not limited in classroom teaching or training.

Following are the chief characteristic of education as a discipline.

Education is purposive: There is a definite purpose of all educational objective.

Education is drawing out and bringing up process: Different meaning of education highlighted that education is the process of bring out the innate potentialities of the child. Education is an active and dynamic process by which modifications are brought bout in the behavior of n individual.

Education is knowledge as well as experience: Education is not only simply acquiring different types of knowledge but it involves real life experiences. Human progress through ages has been made possible through the increase& diffusion knowledge.

Education is liberal and vocational: Education can be considered as the liberal process and later it will help the child to train in a particular vocation education is meaning full only when it aim at some employment. Modern democratic education has placed vocation aim in its fore front.

For the Good of the individual and well fare of the society: The purpose of education is well being of the individual and welfare of the society and a synthesis of individual and society. Education is called a force for social development which brings improvement in every aspect in the society.

Stabilizer, conservator and reconstructionist: Education help to conserve stabilize and reform the society and culture.

Education is planned: Education is not hap hazed. It is planned and systematic. If refers to transact its activities through a systematic institution and regulation.

Education is lifelong: Education starts from the time of conception and goes until death. Education from cradle to grave as sometime said. Education is lifelong. Process because every stage of life of an individual. Is important from of educational point.

Education is influence exerted: Education is the mature persons. (Teachers, Parents, Adult) influence on child.

Education is balanced development: Education concerned with the development of all the faculities of the child.

Education is bipolar: Education is the process in which both teacher and pupil influence each other the personality of the educator modifies. The behavior of the educated and in turn is affected by the personality of the educated.

Education is dipolar: Education involves the teacher of the subject matter.

Education is psychological as well as social: The endowments or the capacities of the child – his needs interest etc must be interpreted and developed in a social setting

Education is growth: Education modifies the behaviour of the child, Human behaviour is modified and improved through educational process

Education is power: Education is power and treasure in human being through which he is entitled, as the supreme master on earth. Education is life long process.

 

Therefore, the role of education is countless for a perfect society and man it is necessary for every society and nation to bring holistic, happiness and prosperity to its individuals.

 

1.2.           TYPES OF EDUCATION

The process of education can be classified into the following three categories:

  1. formal education
  2. Informal education &
  3. Non formal education.

1.2.1.    Formal education

Formal education or formal learning usually takes place in the premises of school, where a person may learn basic, academic, or trade skills. Small children often attend a nursery or kindergarten but often formal education begins in elementary school and continues with secondary school. Post-secondary education (or higher education) is usually at a college or university which may grant an academic degree. It is associated with a specific or stage and is provided under the certain set of rules and regulations. The formal education is given by specially qualified teachers they are supposed to be efficient in the art of instruction. It also observes strict discipline. The student and the teacher both are aware of the facts and engage themselves in the process of education.

Examples of Formal Education

·         Learning in a classroom

·         School grading/certification, college, and university degrees

·         Planned education of different subjects having a proper syllabus acquired by attending the institution.

Characteristics of Formal Education

· Formal education is structured hierarchically.

· It is planned and deliberate.

· Scheduled fees are paid regularly.

· It has a chronological grading system.

· It has a syllabus and subject oriented. The syllabus has to be covered within a specific time period.

· The child is taught by the teachers

1.2.2.    Informal education

Informal education may be a parent teaching a child how to prepare a meal or ride a bicycle. People can also get an informal education by reading many books from a library or educational websites. Informal education is when you are not studying in a school and do not use any particular learning method. In this type of education, conscious efforts are not involved. It is neither pre-planned nor deliberate. It may be learned at some marketplace, hotel or at home. Unlike formal education, informal education is not imparted by an institution such as school or college. Informal education is not given according to any fixed timetable. There is no set curriculum required. Informal education consists of experiences and actually living in the family or community.

Examples of Informal Education

·         Teaching the child some basics such as numeric characters.

·         Someone learning his/her mother tongue

·         A spontaneous type of learning, “if a person standing in a bank learns about opening and maintaining the account at the bank from someone.”

Characteristics of Informal Education

·                     It is independent of boundary walls.

·                     It has no definite syllabus.

·                     It is not pre-planned and has no timetable.

·                     No fees are required as we get the informal education through daily experience and by learning new things.

·                     It is a lifelong process in a natural way.

·                     The certificates/degrees are not involved and one has no stress for learning the new things.

·                     You can get from any source such as media, life experiences, friends, family etc.

1.2.3.    Non formal education

Non-formal education includes adult basic education, adult literacy education or school equivalency preparation. In non-formal education, someone (who is not in school) can learn literacy, other basic skills or job skills. Home education, individualized instruction (such as programmed learning), distance learning and computer-assisted instruction are other possibilities. Non-formal education is imparted consciously and deliberately and systematically implemented. It should be organized for a homogeneous group. Non-form, education should be programmed to serve the needs of the identified group. This will necessitate flexibility in the design of the curriculum and the scheme of evaluation.

Examples of Non-Formal Education

·         Boy Scouts and Girls Guides develop some sports program such as swimming comes under the non-formal education.

·         Fitness programs Community-based adult education courses

·         Free courses for adult education developed by some organization

Characteristics of Non-Formal Education

· The non-formal education is planned and takes place apart from the school system.

· The timetable and syllabus can be adjustable.

· Unlike the theoretical formal education, it is practical and vocational education.

· Non-formal education has no age limit.

· Fees are certificates may or may not be necessary.

· It may be full time or part-time learning and one can earn and learn together.

· It involves learning of professional skills.

 

1.3.           Levels of Education

Education in India follows a uniform structure of school education which is known as the 10+2 system. This system is being followed by all Indian States and Union Territories. But not all of them follow a distinct pattern as per the system. Following are the levels of education system in India:

·         Pre-primary Education

·         Primary Education

·         Secondary Education

·         Senior secondary Education

·         Higher Education

·         Professional Education

·         Distance and Education

·         Optional Education

 

1.3.1.      Pre Primary Stage: Pre primary education in India is provided to children between 3–6 years by Kindergarten, Play way or Play Schools. These schools have varying terminology for different levels of classes, beginning from – Pre-Nursery, Nursery, KG, LKG (Lower Kindergarten) and UKG (Upper Kindergarten). Most of the pre-primary education in India is provided by private schools.

1.3.2.      The Primary Stage: Primary education in India offered by both private and government schools usually consist of students aged between 5 to 12 years. The duration of study in this stage is 4-5 years. Common subjects include English, Hindi, Mathematics, Environmental Science and General Knowledge. Sometimes also termed as Elementary Education, it is free in government schools but it is paid in the private schools. The Government has made elementary education compulsory for children between the age group of years 6 and 14. Most of the primary education provided by primary schools in India is imparted from class 1st to class 4th or 5 th.

The Middle Stage – Middle stage of education covering 3-4 years of academic study is formed by 5 th -8 thclass consisting of students aged between 12 to 14 years. The schools which impart education up till 8th class are known with various names like – High School, Senior School.

1.3.3.      The Secondary Stage: Secondary Stage of education covering 2-3 years of academic study starts with classes 8th -10th. consisting of students aged between 14-16 years. The schools which impart education up till 10th class are known as Secondary Schools, High Schools, Senior Schools etc.

1.3.4.      Senior secondary: Senior Secondary Stage – Senior Secondary Education in India is of only 2 years. There is uniformity on this level of education in terms of duration and classes i.e. all the States/UTs follow this 10+2 pattern. Senior Secondary Schools in India include classes 11th to 12th. consisting students aged between 16-18 years. At this level of education students have the freedom to choose their preferred stream and subjects. They can pursue Arts, Commerce, Science (medical & non medical). The schools which provide education up till 12th class are commonly known as Senior Secondary Schools or Higher Secondary Schools. Some universities and colleges also offer the education of these classes.

1.3.5.      Higher education: Higher education is non- compulsory educational level which comprises of under graduate and post graduate along. With vocational education training usually a person need to admit in a college or a university to receive higher education.

Undergraduate Stage: Undergraduate education in India is of 3-4 years. Undergraduate stage of education is also known as higher education in India. Students studying in this level, generally begin their education from 18 onwards. As per one estimate 88% of undergraduate education is provided by Colleges in India. Majority of the undergraduate courses of 3 years duration belong to field of arts, humanities, science etc. and majority of 4 years of duration belong to the field of agriculture, engineering, pharmaceutical sciences technology. However, there are courses belonging to fields of architecture, law and medicine whose duration is 5 years.

Postgraduate Stage – Postgraduate education in India is of 2-3 years. Postgraduate stages of courses are known as Masters courses or Doctorate courses. Masters course are usually of 2 years duration and doctorate (research) courses are of 3 years duration. Also referred as higher education, 56% of post-graduate education is imparted through colleges. PG education in India is largely provided by universities in India. PG education caters largely to a specific field or sub field of any preferred discipline. Thus, one can specialise in any of preferred subjects at this level. Those who are interested in conducting large amount of research work pursue these courses.

1.3.6.      Professional education: Professional education means education connected with a job that needs special training or skill, and includes Engineering & Technology including Management, Information Technology, Medical, Dental, Pharmacy, Physiotherapy, Occupational Therapy, Law, Teaching, etc.;

1.3.7.      Distance Education: Distance Education is a modern way of learning that allows students to study within their own space and time without being physically present in the school/college/university. Textbooks, email and postal correspondence, virtual libraries, online databases, message boards, CDs and DVDs can all play an important role in the delivery of study material for asynchronous distance learning courses.

1.3.8.      Optional Education:  An optional course is a subject chosen freely from the study plan for a given semester and may have no relation to the core course. While choosing an optional course, the student must bear in mind that he or she needs to have passed the prerequisite subjects.

1.4.           Aims and purposes of education drawn from constitutional provision

Aims and purposes of education drawn from Constitutional Provision

Constitution:  Meaning:

      A constitution is a statement of the basic principles and laws of a nation, state, or group

      It determine the powers and duties of the government and guarantee certain rights to the people in it.

Features of Constitution of India

·         The lengthiest constitution in the world

·         Parliamentary form of Government

·         Unique blend of rigidity and flexibility

·         Fundamental Rights

·         Directive Principles of State Policy

·         A Federation with strong centralizing tendency

·         Adult Suffrage

·         An Independent Judiciary

·         A Secular State

·         Fundamental Duties

Aims and purposes of education envisaged in the constitution

Following are the aims and purposes of education envisaged in the constitution:

      Cultivate Democratic Values

      National Integration

      Development of Nation

      Conservation of Culture

      Cultivation of Moral Values

      Cultivation of Social Values Put Forth

      Promotion of Secularism

      Promotion of Socialism

      Education on Social Inequalities

      Promotion of Modernization

      Cultivation of Traditional Values

      Providing education for all

 Constitutional provisions related to education

1. Equality before law: Article 14- state shall not deny to any person equality before law or equal protection of the laws with in the territory of India

2.  Women education: Article 15 (3) provides special provision for women and children

3.  Equality of opportunity for employments: Article 16 states Equal opportunity for all citizens in matters relating to employment or appointment to any office under the state No discrimination with respect to any employment on the grounds of religion, race, caste, sex, place of birth and residence etc…

4. Clear direction for religious education:  State funded educational institution cannot compel the children to be present in any religious ceremonies (article 26). Cannot arrange any religious education (article 28)

5. Prohibition of employment of children in factories, etc.: No child below the age of 14 year shall be employed to work in any factory or mine Article 24 guarantees

6. Equal rights to admission in educational institutions: No citizen will be deprived of the right to admission in any state or state-aided or self finance educational institutions on the basis of any religion, race, caste, etc

7. Special provision for education of minorities: Article 30 (1) religious or linguistic minorities will enjoy the right to establishment and administration of educational institutional of their interest Article 30 (2) state will not discriminate in providing assistance to educational institutions run by minorities.

8. Provision for free and compulsory education: Article 45 declares free and compulsory education for children up to 14 years of age

9.  Child care and provision of education for infants: By 93rd constitutional amendment in 2001 added to article 45 “state will look after and provide education to all children until they attain the age of 6 years

10.  Special provision for education of children of weaker classes- SC & ST: State will promote with special care the education and economic interests of the weaker sections of the people especially the SC and ST (article 46)

11. Provision of higher education and research centres of national importance: By union government Articles 62 63 64 65 66 states Union government has the responsibility of providing finance and administration of national libraries and museums, educational institutes of national importance

12. Special provisions for the education of Anglo-Indian community:  Article 337 assures No educational institutional shall be entitled to receive any grant under this article unless at least 40 per cent of the annual admissions therein are mare available to the members of communities other than the Anglo-Indian community

13. Education of languages of national importance: Article 344 (1) declares 22 languages of national importance and the state will make suitable effort for their development

14. Facilities for instruction in mother-tongue at primary stage:  Article 347 promises, It shall be the endeavor of every state and every local authority within the state to provide adequate facilities for instruction in the mother – tongue at the primary level especially to the children belonging to minority groups

1.5.           Education as a means of social justice in the Indian Constitution

Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and women.

Social Justice – Meaning:

Social justice means maintaining justice to the society. It simple means equality in society, socially just society or enjoys equal benefits in the society.

Social Justice – Definitions: 

Defining Social Justice While formal definitions for social justice vary in wording, there are commonalities among them.

1. Equal rights

2. Equal opportunity

3. Equal treatment

With these core values in mind, we can define the phrase as such: Social justice means equal rights, opportunity and treatment for all. Following are some definitions.

 Andrew Haywood define that: “Social justice thus stands for a morally defensible distribution of benefits or rewards in society, evaluated in terms of wages, profits, housing, medical care welfare benefits and so forth”

John Rawls’ principles of social justice are “they provide a way of assigning rights and duties in the basic institutions of society and they define the appropriate distribution of the benefits and burdens of social cooperation”

Constitutional Provisions Relevant to Social Justice

  • Social justice and preamble of the constitution of India;
  • Social justice and fundamental rights of the citizen of India;
  • Social justice and directive principles of state policy.

Other Provisions of Social Justice Under the Constitution of India

Social justice and preamble of the constitution of India;

Preamble declares India to be a sovereign, socialist, secular and democratic republic. The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation

Justice - Social, economic, and political.

Liberty - Of thought, expression, belief, faith and worship

Equality-Of status and of opportunity.

Social justice and fundamental rights of the citizen of India;

The Fundamental Rights, which are secured by the Constitution of India, are grouped under the following heads

(i) Right to Equality (Articles 14 to 18)

(ii) Right to Freedom (Articles 19 to 22

(iii) Right to Education (Article 21-A)

(iv) Right against Exploitation (Articles 23 and 24)

(v) Right to Freedom of Religion (Articles 25 to 28)

(vi) Cultural and Educational Rights of minorities

(vii) Right to Constitutional Remedies (Article 32)

Social justice and directive principles of state policy

The State shall, in particular, direct its policy towards securing—

 (a) that the citizens, men and women equally, have the right to an adequate means of livelihood;

 (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

 

Education as a means of social justice in the Indian Constitution

Goal of Education: Contextualize the content and learning goals; make the classwork relevant to their lives

Curriculum: The basic aim of social justice is to remove the imbalances in the social, political and economic life of the people to create a just society. The just society will lead the national prosperty. Hence the Provisions of Social Justice in the Constitution of India must include in the school curriculum. Make curricular maps that include instructional strategies that support diverse learning styles and allow for deep exploration of anti-bias themes.

Co-curricular & Extracurricular approaches: Co-curricular activities like competitions, club activities, NSS, NCC   are provide an interesting and virtual platform for learning to understand social problems, social structure and various social issues. We generally discuss that education makes the future of the nation. In fact the co-curricular activities build the nation. These activities build a good conscience which promotes better ideas and beliefs. These activities promote social, emotional and resultantly all round development of learners thus creates social and national characters.        

Social justice approaches in teaching and learning practices

Social justice approaches and themes in education are included in various school subjects, including the social sciences, environmental education, and health and physical education, as well as in culturally responsive initiatives. However, it is an area of education that can easily become marginalised by a focus on performance standards and teaching to the test. It is also important to be aware that the amount and quality of empirical evidence for these approaches vary. 

Role of the School:

  • Adding the philosophy of social justice to the classroom
  • The School may encourage students to advocate for social justice in schools.
  • Educate about social justice issues.  
  • Engage the conversations among students   about social justice issues

Role of the Teachers: encouraging students to question the world around them as well as the schools they attend. Give students opportunities to critique and construct their own opinions and interpretations of your teaching and the overall school culture.

1.6.           Constitutional values and education (Preamble, Fundamental rights and duties)

India is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950.

The Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features. The constitutional head of the Executive of the Union is the President. As per Article 79 of the Constitution of India, the council of the Parliament of the Union consists of the President and two Houses known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

Article 74(1) of the Constitution provides that there shall be a Council of Ministers with the Prime Minister as its head to aid and advise the President, who shall exercise his/her functions in accordance to the advice. The real executive power is thus vested in the Council of Ministers with the Prime Minister as its head.

1.7.           RTE Act, 2009

The Right to Education is recognized as a Human Right by United Nations and is understood to establish an entitlement to free and compulsory education for all children. The right to education is universal, absolute and enshrined in international law through several conventions. As a mark of this, the Right of children to free and compulsory Education act, 2009 which is known as RTE Act, 2009 has been inserted by the 86th amendment in December, 2002 and passed by the parliament in July, 2009 and it was implemented on 1st April, 2010.

Major Features of RTE Act

Right to Free & Compulsory Education

 Right to Free & Compulsory Education to every child of age 6 to 14 in a neighborhood school from classes 1 to 8(Elementary Education). It gives special provisions for children not admitted or who have not completed elementary education and  Right of transfer to other school. RTE Act 2009 has been implemented in KVS  w. e. f. the year 2010-11

Duties of the Central Government

·         To develop framework of national curriculum.

·         To develop & enforce standards for training of teachers.

·         To provide technical support & resources to the state Governments.

Duties of Local Authority:

·         To provide free & compulsory education to every child of 6 to 14 years with re-imbursement of expenditures incurred upon on government schools.

·         Ensure that children belonging to weaker & disadvantaged sections are not discriminated against.

·         Ensure good quality education through proper infrastructure, quality teachers & learning equipments.

·         To also make necessary arrangement for providing free pre-school education for children above 3 years to prepare for elementary education.

Duty of Parents & Guardian:

The Parents or Guardian gets their ward admission to elementary education in the neighborhood school.

Responsibilities of School

·         To provide free and compulsory elementary education to all children admitted.

·         To provide free & compulsory elementary education to weaker section and disadvantaged group to the extent of at least 25% of the strength of the class.

·         To provide such information as may be required by the appropriate Government or the local authority, as the case may be.

·         To take no capitation fee and no screening for admission.

·         Should not deny admission for lack of age proof though must ask for birth certificate issued by competent authority.

·         Should not hold back or expel any child from any class till the completion of elementary education.

·         Shall not subject any child to physical punishment or mental harassment.

Duties of Teachers:

·         To maintain regularity and punctuality in attending school.

·         To conduct and complete the curriculum.

·         To complete entire curriculum within the specified time.

·         To assess the learning ability of each child and accordingly supplement additional instructions, if any, as required.

·         To hold regular meetings with parents and guardians and apprise them about the regularity in attendance, ability to learn, progress made in learning and any other relevant information about the child.

·         To perform such other duties as may be prescribed.

·         Shall not engage in private tuition or private teaching activity.

Pupil Teacher Ratio

For classes I to V

·         30:1 (till 120 students)

·         40:1 ( from 121 to 200 students)

·         One-Head Teacher + Five Teachers (for above 150 students)

·         In any case : pupil teacher ratio shall not exceed 40:1

For Classes VI to VIII

·            35:1 -  Students: Teacher

·            At least One Teacher per Class, One from Science and Mathematics, Social-Studies and languages each.

·            Full time Head Teacher and part time Instructors for Art education, Health & Physical Education and Work Education.

Curriculum and Completion of Elementary Education

·            To conform with values enshrined in the Constitution.

·            For all round development of the child.

·            To build child's knowledge, potentiality and talent.

·            To develop physical and mental abilities.

·            To ensure learning through activities, discovery and exploration in a child friendly and child centered manner.

·            To Instruct as far as practicable in child’s mother tongue.

·            To make the child free of fear and anxiety and helping the child to express views freely.

·            Comprehensive and Continuous Evaluation (CCE) of child’s understanding of knowledge and his/her ability to apply the same.

Examination and Completion Certificate

·            No child shall be required to pass any Board examination till completion of elementary education.

·            Every child completing his elementary education shall be awarded a certificate, in such form and in such manner, as may be prescribed.

Norms and Standards for a School

 Building :

·         At least one class-room for every teacher and an office-cum-store-cum-Head teacher’s room.

·         Barrier-free access.

·         Separate toilets for boys and girls.

·         Safe and adequate drinking water facility to all children.

·         A kitchen where mid-day meal is cooked in the school.

·         Playground.

Minimum number of working days/instructional hours in an academic year

·         Two hundred working days for first class to fifth class.

·         Two hundred and twenty working days for sixth class to eight class.

·         Eight hundred instructional hours per academic year for first class to fifth class.

·         One thousand instructional hours per academic year for sixth class to eighth class.

Minimum number of working hours per week for the teacher:

·      Forty-Five teaching including preparation hours. Teaching learning equipment :

·      Shall be provided to each class as required. Library :

·      There shall be a library in each school providing newspaper, magazines and books on all subjects, including story-books. Play material, games and sports equipment :

·      Shall be provided to each class as required.

Admission Norms

·         As per Chapter IV 12(I) – The KVs shall admit in Class I:

·         Admission to be granted for the children under RTE Act as per admission guidelines.

·         At least 25% of the strength of that class children belonging to weaker section and disadvantaged group in the neighbourhood

·         No screening test to be conducted from Class I to VIII

·         Selection process should be random (draw of lot).

·         Children suffering from disability will also be covered under RTE Act

The Supports

·            Provide free and compulsory elementary education till its completion.

·            No fee to be charged from the children admitted under 25% of the quota

·            One set of NCERT text books for his/her class to each child will be provided by the school and other expenses on account of note books, stationary, uniform and transport will be reimbursed by the parent on production of proper bills, as specified by MHRD

·            No children to be detained in any class up to 8thstandard

·            The transfer certificate may not be insisted for admission up to Class VIII.

Ensuring Rights

·            The protection of Right of children to be ensured

·            The Right to Education Protection Authority (RIEPA) has been constituted at National and State level to monitor

·            Every school is advised to form a committee to protect the child rights at Vidyalaya level.

·            No corporal punishment is to be imposed on any child.

Advocacy of   RTE

Centralized

The Directors, ZIETs are requested to ensure the inclusion of modules on RTE Act during In-service course programmes

Local

·            The Chairman, VMC of every school may be requested to convene a special meeting at school level to sensitize all the stakeholders on RTE Act

·            Adequate training to be provided for the teachers on the act.

·            The parent advocacy programme on RTE act may be taken up in every school.

The Expectation

·         All possibilities should be explored at individual or organization level to extend a helping hand to every child so that no hindrance comes in his/her way in getting education.

·         It is a collective responsibility of the educators, officers, principals, teachers, parents’ management and children to implement the RTE Act in letter and spirit

1.8.           Education in the concurrent list and its implications.

The Indian constitution in its original enactment defined education as state subject. Under Article 42 of the constitution, an amendment was added in 1976 and education became a concurrent list subject which enables the central government to legislate it in the manner suited to it.

Education is a birth right under the Indian Constitution after the passing
of the Right to Education Act. To make education accessible to all is the
prime responsibility of the Centre and the State. Therefore it is said that both the Center and the States are jointly responsible for smooth running of the programmes. The educational policies are basically implemented for ensuring the welfare of the people in the country. But the implementing policies and provision face some hurdles in its smooth running.

Advantages for making the provisions, where the Centre bears the sole responsibility, are as follows:

·         Helps in implementing the National Education Policy properly and satisfactorily.

·         By putting both education and planning into one category, the progress of education can be ensured.

·         It can extend the liberal funds to State Governments for educational development.

·         The uniformity of educational objectives, strategy and standards can be ensured in all the States of India.

·         Equalization of resources and opportunities can be ensured

·         keeping vigilance over the educational activities of the States in respect of admission, recruitment and promotions etc.

·         The Centre can check the misuse of funds by the States and thus efficiency can be ensured.

·         Education is a dynamic process and thus it necessitates rigorous well planned research experiments and practices. Such practices can be well-organized and financed by the Centre.

Disadvantages due to the excessive power vested with
the Centre and the educational institutions under the Centre.

·         Many critics opine that the inclusion of education as a subject under the Concurrent List imposes an undesirable centralization.

·         If education becomes a Central subject, local needs will not get the proper attention and thus the local needs and interest in education will be missing.

·         The Central educational bodies like UGC, NCERT, NCTE, CABE etc. may impose unwanted control over the States; it is because these institutions enjoy more power over the educational administrations in the States, which may interrupt in the policy decisions of the States.

·         Uniform decisions at all India level will not be equally conducive for all the States due to the diverse nature and socio-cultural disparities among the States.

·         There may be the chance of delay in the implementation of the central policies at the same time when they are adopted for all the states. Some states may lag behind the others in implementing the Central policies. Therefore, it can be cited as a disadvantage for education as a subject in the Concurrent List of the Indian Constitution.

 

 

 

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