Constitutional provisions and Directive

principles related to Education and

Special Education

DR. SUNI M. MATHEW

DEPARTMENT OF EDUCATION, AYJNIHH
Constitution of India

The backbone of any nation is its constitution

India has the longest constitution in the world
On August 29, 1947, the committee was constituted for drafting the constitution and Dr.
B.R. Ambedkar was appointed as the Chairman of the committee
The Constitution was adopted by the Indian Constituent Assembly on 26 November 1949,
and came into effect on 26 January 1950.
It has 448 articles, 12 schedules and 94 amendments
The Constitution of India is the supreme law of India
It is a living document, that guides the government system work
It lays down the framework defining fundamental political principles, establishes the
structure, procedures, powers and duties of government institutions and sets out
fundamental rights, directive principles and the duties of citizens.
Indian Constitution: Parts I -XXII

Part-I Part-III
Part-II
The Union and its Fundamental
Citizenship
Territory Rights

Part-IV
Directive Part-V Part-VI
Principles of state Union The States
Policy
 Directive principles of state policy

The Directives are the life giving provisions of the constitution. They constitute the
stuff of the constitution and its philosophy of social justice
They are the guidelines/principles given to the central and state governments of
India, to be kept in mind while framing laws and policies.
These provisions are mentioned in Part IV of the constitution of India,
Not enforceable by any court, but the principles laid down therein are considered
fundamental in the governance of the country,
It is the duty of the State to apply these principles in making laws to establish a just
society in the country
Constitutional provisions on education

1. Free and Compulsory Education:

Article 45: The Constitution makes the following provisions under Article 45 of
the Directive Principles of State Policy.
Article 45 states that, The state shall Endeavour to provide within a period of
ten years from the commencement of this Constitution, for free and
compulsory Education for all children until they complete the age of fourteen
years.
Article 45 directs the provision of Universal, Free and Compulsory Education
,which is the joint responsibility of the Centre and the States.
2. Education of Minorities:
Article 30 :
All minorities whether based on religion or language, shall have the right to establish and
administer educational institutions of their choice.
The state shall not, in granting aid to educational institutions, discriminate against any
educational institution on the ground that it is under the management of a minority, whether
based on religion or language.
3. Language Safeguards:
Article 29(1)
Any section of the citizen, residing in the territory of India or any part there of having a distinct
language, script or culture of its own, shall have the right to conserve the same.
Article 350 B provides for the appointment of special officer for linguistic minorities to
investigate into all matters relating to safeguards provided for linguistic minorities under the
Constitution.
4.Education for Weaker Sections:
Article 15, 17, 46
All three articles safeguard the educational interests of the weaker sections of the Indian
Community( socially and educationally backward classes of citizens and scheduled castes and
scheduled tribes).
Article 15 states, Nothing in this article or in clause (2) of Article 29 shall prevent the state from
making any special provision for the advancement of any socially and educationally backward
classes of citizens or for the scheduled castes and the scheduled tribes.
Under Article 46 of the Constitution, the federal government is responsible for the economic and
educational development of the Scheduled Castes and Scheduled Tribes under weaker sections
Article 46 states. The state shall promote with special care the educational and economic interests
of the weaker sections of the people and in particular, of the Scheduled castes and Scheduled
Tribes and shall protect them from social injustice and all forms of exploitation. It is one of the
Directive Principles of State Policy.
5. Secular Education:
Article 25(1) ,Article 28(1) Article 28(2) Article 28(3) & Article 30
Article 25 (1) of the Constitution guarantees all the citizens the right to have freedom of conscience and
the right to profess, practice and propagate religion.
Article 28 (1) states, No religious instruction shall be provided in any educational institution if wholly
maintained out of state fund.
Article 28 (2) states, Nothing in clause (1) shall apply to an educational institution which is administered
by the State but has been established under any endowment or Trust which requires that religious
instruction shall be imparted to such institution.
Article 28 (3) states, No person attending any educational institution by the state or receiving aid out of
state funds, shall be required to take part in any religious instruction that may be imported in such
institutions or to attend any religious worship that may be conducted in such institution or in any
premises attached thereto unless such person or, if such person a minor, his guardian has given his
consent thereto.
Article 30 states, The state shall not, in granting aid to educational institution maintained by the State or
receiving aid out of State funds, on grounds only of religion, race, caste, language or any of them.
6. Equality of Opportunity in Educational Institutions:
Article 29(1)
Article 29(1) states No citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds, on grounds only of religion, race,
caste, language or any of them.
8.Promotion of Hindi:
Article 351
The Indian Constitution makes provision for the development and
promotion of Hindi as national language. Article 351 enjoins the Union, the
duty to promote the spread of the Hindi language.
Hindi accepted as the Official Language of India as laid down by the
Constitution in following words:
It shall be the duty of the Union to promote the spread of the Hindi
language, to develop it so that it may serve as a medium of expression of
all the elements of the composite culture of India.
7. Instruction in Mother -Tongue:
Article 26 (1) & Article 350
There is diversity of languages in our country. After the dawn of Independence, Mother-
Tongues have received special emphasis as medium of instruction and subjects of study. In
the Constitution of India, it has been laid down that the study of ones own language is a
fundamental right of the citizens.
Article 26 (1) states, Any section of the citizens, residing in the territory of India or any part
there of, having a distinct language, script or culture of its own, shall have the right to
converse the same.
Article 350 A directs, It shall be endeavor of every state and every local authority to provide
adequate facilities for instruction in the mother-tongue at the primary stage of education to
children belonging to linguistic minority groups.
Higher Education & Research
Women Education
Article 15(1) provides that the State shall not discriminate any citizen on
groups only of sex.
Article 15 (3) reads: Nothing in this article shall prevent the State from
making any special provision for women and children.
11. Education in the Union Territories:
Article 239 of the Constitution states, Save as otherwise provided by
Parliament by Law, every Union Territory shall be administrator by the
president acting to such extent as he thinks fit through an administrator to
be appointed by him with such designation as he may specify.
12. Educational and cultural relations with foreign countries:
Entry 13 of the Union List reads. Participation in international conferences,
associations and other bodies and implementing decisions made there at.
 Constitutional provisions on Education

1. Free and Compulsory Education:

The Constitution makes the following provisions under Article 45 of the Directive Principles of
State Policy that, The state shall endeavor to provide within a period of ten years from the
commencement of this Constitution, for free and compulsory Education for all children until
they complete the age of fourteen years.
It is clearly directed in Article 45 of the Constitution that the provision of Universal, Free and
Compulsory Education becomes the joint responsibility of the Centre and the States.
 Directive principles of state policy

The Directives are the life giving provisions of the constitution. They constitute the
stuff of the constitution and its philosophy of social justice
They are the guidelines/principles given to the central and state governments of
India, to be kept in mind while framing laws and policies.
These provisions are mentioned in Part IV of the constitution of India,
Not enforceable by any court, but the principles laid down therein are considered
fundamental in the governance of the country,
It is the duty of the State to apply these principles in making laws to establish a just
society in the country