Very important point
Giving education about religions in National Curriculum Framework for Social Education (=NCFSE) by National Council of Education Research and Training (=NCERT) is neither violative of Article 28 of the Constitution of India nor it would offend the basic structure of our constitution viz., secularism.

Headnote:(i) Constitution of India—Articles 21, 27, 28 and 32—Rubrick of Secularism—Article 51A—Fundamental Duties—National Curriculum Framework for school education published by National Council of Educational Research and Training, imparting education of religions in ‘educational institutions’ fully maintained out of State funds—Whether unconstitutional being hit by Articles 21, 27 and 28? (No)—Difference between Articles 28(1) and 28(2)—Case law discussed.
       Held : (Per Shah, J.) :The NCFSE nowhere talks of imparting religious instructions as prohibited under Article 28. What is sought is to have value based education and for religion it is stated that students be given the awareness that the essence of every religion is common. Only practices differ. There is a specific caution that all steps should be taken in advance to ensure that no personal prejudices or narrow minded perceptions are allowed to distort the real purpose. Dogmas and superstitions should not be propagated in the name of education about religions. What is sought to be imparted is incorporated in Article 51(A)(e), which provides "to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women" And to see that universal values, such as truth, righteous conduct, peace, love and non-violence be the foundation of education. In the result, this petition is dismissed with no order as to costs. Interim relief granted by this Court stands vacated. IAs seeking intervention in this matter stand disposed of accordingly. (Paras 53 and 54)
       (Per Dharmadhikari, J.) : I have carefully gone through the erudite and well considered opinion of learned Brother M.B. Shah J. I am in respectful agreement with his conclusion but I would like to add my own reasons. I am in agreement with the view that education of religions can be imparted even in educational institutions fully maintained out of State funds. But the education on religion which can be allowed to be imparted in educational institutions fully maintained out of State funds as mentioned in Clause (1) of Article 28 of the Constitution has to be education of a nature different from religious education or religious instructions which can be imparted in educational institutions maintained by minorities or those established under any endowment or trust as referred in Clause (2) of Article 28. I have, therefore, found it necessary to give my own opinion on the important issues raised on behalf of the petitioners questioning introduction of religious education in educational institutions fully maintained out of State funds. According to them, it runs counter to the concept of secularism which should guide the activities of the State in the field of education. (Para 55)
       (ii) Constitution of India—Articles 21, 27, 28 and 32—Public interest litigation—Contention that non-consultation with Central Advisory Board of Education before framing National Curriculum imparting education of religions is unjustified—Whether correct? (No).
       Held (Per Shah, J.) : In the result, we hold that non-consultation with CABE cannot be held to be a ground for setting aside the National Curriculum Framework for School Education (NCFSE) as-
        (a) CABE is not a statutory body;
        (b) There is nothing in the resolution passed by the Government constituting the CABE in 1986 and 1990 that CABE is required to be consulted before framing NCFSE. Functions of the CABE are mainly to advise the Government and co-ordinate between the Centre and State in implementing the National Education Policy.
        (c) For one or other reason, it is not reconstituted after 1994, may be that ex-officio members at present constitute CABE. However, we are not required to decide why the CABE is not reconstituted. It is for the Government or for the Parliament to decide the said question and to reconstitute the same as it is or by making it a compact Board as suggested by the Prime Minister which is evident from the letter dated 12th February, 1997 written by the Deputy Secretary, Government of India, for reconstitution of CABE.
        (d) NCERT is constituted under the Rules. It also consists of ex-officio members as well as representatives of Parliament and experts in the education. (Para 52)
       (iii) Central Advisory Board of Education—Its role and functions—Justice Shah stating that since CABE is non-statutory Boby, its consultation is not necessary with NCFSE—Justice H.K. Sema showing his reservations.
       Held (Per Shah, J.) : In our view, this submission cannot be accepted. Firstly, it is to be reiterated that CABE is a non-statutory body constituted by the resolutions of the Government of India from time to time. It is true that it is functioning since 1935. However, it being constituted by exercise of the Executive function of the Government, it cannot be held that as the CABE is not consulted, the policy laid down by the NCERT is violative of any statutory provision or rules. (Para 11)
       Held (Per Sema, J.) : I had the privilege of reading the draft judgments prepared by my learned brothers Shah, J. and Dharmadhikari, J. I am broadly in agreement with the conclusion reached at by Brother Shah, J. However, I have some reservations in regard to the opinion expressed by him in respect of role and functions of the Central Advisory Board of Education (CABE) in evolving a national policy on education. Justice Shah was of the view that since CABE is a non-statutory body, its consultation is not necessary. (Para 100)
       In my view, side stepping of such an important Advisory Board as CABE on the plea of non-reconstitution of nominated members is not proper. There is yet another reason as to why consultation of the Board is highly essential in issues like relating to the State and Central coordination in evolving a national consensus pertaining to national policy on education which require implementation in all the States, as the education has now been brought to the Concurrent List by the 42nd amendment to the Constitution. This would dispel the lurking suspicion in the minds of the people and also to project the transparency and purity in the decision making process of the Government. It is true, whether to continue or to discontinue such Board is within the realm of the executive authority, but as long as it exists, consultation with such body, which has been in existence since 1935, 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. With this view on CABE, I concur with the view taken by Brother Shah, J. in all other respects. (Paras 104, 105 & 106)

Judgement Key Points

What is the legality of imparting education about religions in educational institutions and its compatibility with Article 28 and the basic structure of secularism?

Judgment

Shah, J.—In this public interest litigation filed under Article 32 of the Constitution of India, it has been mainly contended that the National Curriculum Framework for School Education (hereinafter referred to as the "NCFSE") published by National Council of Educational Research and Training (hereinafter referred to as "NCERT") is against the constitutional mandate, anti-secular, and without consultation with Central Advisory Board of Education (hereinafter referred to as "CABE") and, therefore, requires to be set aside. Admittedly, CABE is in existence since 1935 and it is submitted that uptil now before framing the new NCFSE, the CABE was always consulted.

2. At the time of hearing of this matter, it was contended by Mr. C.S. Vaidyanathan, learned senior counsel for the petitioners that the issue involved is one of grave constitutional importance affecting the future of children and in substance contentions are as under :

1. The respondents have not sought the approval of the Central Advisory Board of to the National Curriculum Framework for School Education - 2000 and without obtaining the approval of the CABE, the NCFSE cannot be implemented.

2. The NCFSE and the Syllabus framed thereunder are unconstitutional as the same are violative of the rubric of secularism which is part of the basic structure of our Constitution. The NCFSE and the Syllabus are also violative of the fundamental right to education, fundamental right to development, fundamental right to information (which have all been read into the right to life under Article 21) and also Articles 27 and 28 of the Constitution of India.

Non-Consultation with CABE

3. We would first deal with the contention that non-consultation with CABE before framing National Curriculum is unjustified and, therefore, it cannot be implemented. It is submitted that the CABE is a pivotal and the highest body in the matters pertaining to education and has always played an important role in evolving any national document/ policy pertaining to education as it not only has the required expertise but also an effective mechanism for State-Centre coordination.

4. 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.

5. As per the Resolution dated 10th April, 1986 issued by the Ministry of Human Resource Development (Department of Education), Government of India, the functions of the CABE are as under :-

1. The Central Advisory Board of Education was last constituted in April 1982 and its term expired in September, 1985. In view of the widespread demand throughout the country recently voiced in the context of the formulation of New Educational Policy for more effective role of the Central and State Governments and between State Governments and local bodies and non-governmental agencies; importance being given to human resource development; and the decision to formulate the New Education Policy, it has been felt necessary to redefine the functions of CABE.

2. The revised functions of CABE would be:

(a) to review the progress of education from time to time;

(b) to appraise the extent and manner in which the education policy has been implemented by the Central and State Governments, and other concerned agencies; and to give appropriate advice in the matter;

(c) to advise regarding coordination between the Central and State Governments/UT Administrations, State Governments, non-governmental agencies, for educational development in accordance with the education policy; and

(d) to advice, 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

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2002 Supreme(SC) 914

What is the legality of imparting education about religions in educational institutions and its compatibility with Article 28 and the basic structure of secularism?

Cases Referred (4)