1 The petitioner is an advocate-on-record practicing before this Court. JUDGMENT Invoking the jurisdiction under Article 32 of the Constitution, the
petitioner states that she is “deeply distressed with the rapidly degrading
moral values in the society touching every aspect of life where making
money, anyhow has become the sole motto of society”.
2 The grievance of the petitioner is that the present education system
does not inculcate the true purpose of education, which is to produce a
good human being. The State, in the submission of the petitioner, is under
a constitutional obligation to endeavour to provide educational facilities
which inculcate moral values in the course of primary and secondary
education. It has been urged that the course curriculum prescribed by the
Central Board of Secondary Education (“CBSE”) and the National Policy
on Education do not recognise a sufficient status for “moral education”. In
the submission of the petitioner, the failure to include moral science as a
compulsory subject violates Article 25 of the Constitution which
recognises the freedom of conscience and the fundamental right to
profess, practice and propagate religion. This in the submission militates
against the fundamental duties contained in Article 51A(f) of the
Constitution. Impressed by the need to protect the moral fibre of the
nation, the petitioner seeks a mandamus for the inclusion of moral science
as a compulsory subject in the syllabus of school education from classes I to XII “in order to inculcate moral values and nurture national character in the national interest”.
3 The respondents to these proceedings are the Union of India
through the Ministry of Human Resource Development and CBSE. In
response to the notice issued by this Court on 2 February 2015, a counter
affidavit has been filed by CBSE before this Court. The learned ASG
states that the Union of India adopts the counter filed by CBSE.
4 The National Policy on Education of 1986, while examining the
values of education states thus:
“8.4 The growing concern over the erosion of
essential values and an increasing cynicism in
society has brought to focus the need for
readjustments in the curriculum in order to make
education a forceful tool for the cultivation of social
and moral values.
8.5 In our culturally plural society, education should
foster universal and eternal values, oriented towards
the unity and integration of our people. Such value
education should help eliminate obscurantism,
religious fanaticism, violence, superstition and
fatalism.
8.6 Apart from this combative role, value education
has a profound positive content, based on our
heritage, national and universal goals and
perceptions. It should lay primary emphasis on this
aspect.”
Similarly, the National Curriculum Framework of 2005 emphasised that:
“We need to reaffirm our commitment to the concept
of equality, within the landscape of cultural and JUDGMENT socio-economic diversity from which children enter
into the portals of the school. Individual aspirations
in a competitive economy tend to reduce educating
to being an instrument of material success. The
perception, which places the individual in
exclusively competitive relationships, puts
unreasonable stress on children, and thus distorts
values. It also makes learning from each other a
matter of little consequence. Education must be able
to promote values that foster peace, humaneness and
tolerance in a multicultural society.”
5 The Framework emphasizes that in order to foster democracy as a
way of life rather than only as a system of governance, the values
enshrined in the Constitution assume paramount significance. The
Framework takes specific note of the importance ascribed by the
Constitution to the constitutional values of equality, justice, liberty and
secularism.
6 CBSE has stated in its response that it has integrated these values of
education across the curriculum to inculcate constitutional values and core
universal human values which are affirmed across all cultures. CBSE
states that it emphasises value based education by adopting a three
pronged approach which comprehends:
(i) drawing all stakeholders into the school
community;
(ii) permeating the school climate across its entire
curriculum;
(iii) including in its materials a broad range of
concepts such as a positive, just and caring school
environment, JUDGMENTmoral education, social- emotional
learning, positive youth development, civic
education and service learning.
7 In order to facilitate the achievement of these objects, CBSE has
adopted concrete measures including a modified scheme of assessment
with attitude and values. In 2009, CBSE strengthened the scheme of
assessment for classes IX and X by emphasising co-scholastic areas of
life-skills, attitudes and values, sports and games as well as co-curricular
activities. The Board has specifically focused on Article 51A of the
Constitution in its effort to inculcate democratic values. Besides
introducing a modified scheme of assessment with attitude and values,
CBSE has introduced value based questions in the Summative Assessment
–II in classes IX and X and in the year end examination for classes XI and
XII from the year 2012-2013. The Board has adopted an interdisciplinary
approach and decided to assess students with approximately a five per
cent weightage in each subject at the above Summative Assessments
through questions which have been integrated with the content of the
subject and analysed on the basis of the values it reflects.
8 In order to further this object, circulars were issued by CBSE on 19
June 2012. CBSE has also published a Handbook for teachers on value
education in 1997 of which revised editions were brought out in 2003 and
2012. In 2015, CBSE launched a values education kit comprising of a revised values education teachers’ Handbook, a set of value cards and other materials. The values education kit has been developed to provide
broad guidelines for teachers on moral education. This serves as a
resource for teachers to conduct interactive sessions in their classes.
9 Among the other steps which have been taken by CBSE are:
“(i) A Manual on environmental education and
adolescence education;
(ii) Initiation of an ‘Awakened Citizens Programme’
with Ramakrishan Mission;
(iii) An educators Manual for gender sensitivity
pedagogy at primary, middle, secondary and senior
secondary classes;
(iv) Introduction of a human rights and gender
studies elective course;
(v) Steps to improve inclusive education
particularly for students with disabilities and special
needs.”
10 The counter filed by CBSE explains the salient features of its
approach towards gender sensitization and equality education through the
human rights and gender studies elective, thus:
“The teaching of gender issues encompasses
a wide range of questions, which are related
to the underlying concepts of gender as they
are evolved in various academic disciplines,
epistemological approaches and institutional
setting of modern educational systems on all
levels.
The aims of a possible perspective in
teaching gender as gender always contains a
socio-political and an academic aspect. The
question of how gender works in the JUDGMENT
educational system will be the subject of the
course.
Teaching gender also involves the potentials
and the problems of gender being a universal
individual experience, personal or social in
the institutional setting.
This course is intended to make students
aware of the ways in which gender is “taken
for granted” and how gender is learned, the
implications of gender for our lives, and
prospects for change insofar as men and
women are able to combine and/ or reject
elements of traditional masculinity and
femininity.
The course will look at gender within the
context of different social institutions (e.g.
the family, the workplace, education, etc.)
and look at ways in which gender roles are
maintained by these institutions and/or
effectively learned though socialization.”
11 CBSE has also stated that the new textbooks of NCERT, following
the integrated approach, have included content that provides students with
an opportunity to focus on personal, social, constitutional and humane
values. Illustrations have been furnished to the Court of the specific
chapters devoted to inculcating these values in textbooks prescribed for
various subjects including Geography, Social Science, History, Chemistry,
Biology and Mathematics. A resource book entitled “Ways to Peace” has
been written for teachers to promote attitudes, values and skills necessary
for living in harmony with oneself and others.
12 In December 2012, NCERT developed a framework titled JUDGMENT “Education for Values in Schools” in consultation with various
stakeholders such as principals, teachers and educationists. The
Framework deals with the need for shifting from conventional pedagogy
to a new pedagogy of values by adopting what is described as a ‘whole
school approach’ to education focusing on core values. CBSE has
particularly emphasised the following:
“(i) Co-curricular activities, such as discussions,
debates, exhibitions, projects, skits, celebration of
important days, such as earth day, environment
days, national education days, Heritage India Quiz,
morning assemblies, birthdays of leaders such as
Swami Vivekananda , Rabindra Nath Tagore, etc.
taking up community service, adult education
drive, rallies and walks for noble causes.
(ii) Fundamental rights and duties, and Directive
Principles of State Policy form part of the Social
Science syllabus for Class VIII and Class XI,
Political Science.
(iii) Brought out various publications for
inculcation of values among children.”
The Board has specifically focused on Article 51A of the Constitution as
these values are counted in the performance of students. Schools are
bound to inculcate them by conducting curricular, cross-curricular group
activities and projects.
13 The petitioner essentially invokes the jurisdiction of this Court under Article 32 for seeking a mandamus for the introduction of moral science as a separate subject in the school curriculum.
14 There can be no gain-saying the fact that moral values are an
integral component of value based education. The purpose of education is
to engender in the young, a spirit of enquiry, a desire for knowledge and a
sense of values. Among those values are the fundamental values on which
our constitutional core is founded: liberty, equality and the dignity of each
individual. The purpose of education also includes the creation of
responsible and informed citizens conscious both of their rights and of
their duties to others.
15 Education is an important instrument towards the development of
the individual as indeed, it is a vital instrument in nation building.
Technology has effaced conventional barriers and the world has become a
globally networked community of information ideas. The challenges
which confront the system of education have evolved rapidly, perhaps too
rapidly for our educational system to develop pragmatic solutions to meet
them.
16 The issue before the Court is whether a mandamus of this nature
can be issued by the Court in the exercise of its jurisdiction in the public
interest.
17 While there can be no dispute about the need of providing value
JUDGMENTbased education, what form this should take and the manner in which
values should be inculcated ought not to be ordained by the court. The
court singularly lacks the expertise to do so. The petitioner has a grouse
about what she describes as the pervading culture of materialism in our
society. The jurisdiction of this Court under Article 32 is not a panacea for
all ills but a remedy for the violation of fundamental rights. The remedies
for such perceived grievances as the petitioner has about the dominant
presence of materialism must lie elsewhere and it is for those who have
the competence and the constitutional duty to lay down and implement
educational policies to deal with such problems.
18 There is a tendency on the part of public interest petitioners to
assume that every good thing which society should aspire to achieve can
be achieved through the instrumentality of the court. The judicial process
provides remedies for constitutional or legal infractions. Public interest
litigation allows a relaxation of the strict rules of locus standi. However,
the court must necessarily abide the parameters which govern a nuanced
exercise of judicial power. Hence, where an effort is made to bring issues
of governance before the court, the basic touch stone on which the
invocation of jurisdiction must rest is whether the issue can be addressed
within the framework of law or the Constitution. Matters of policy are
entrusted to the executive arm of the State. The court is concerned with
the preservation of the rule of law. JUDGMENT
19 This petition is illustrative of matters which lie beyond the province
of judicial review. Whether children pursuing their education from classes
I to XII should be saddled with a separate course of moral science is not
for the court to decide. Whether a value based educational system would
best be subserved by including a separate subject on moral science or
whether value based teaching should traverse the entire gamut of a
prescribed curriculum is a matter which cannot be resolved by applying
settled norms of judicial review. These are matters which cannot be
determined in the exercise of the jurisdiction of the court under Article 32.
20 The argument on morality seems attractive to those - like the well
meaning petitioner -who lament the decadence of civilisation. Combine
morality with the need to redefine the values which a society wishes for
its young and you have a seemingly persuasive argument in support. The
difficulty in a court mandated acceptance of this argument is precisely its
inability to unravel the complexities in the position and the answers which
it proposes.
21 Morality is one and, however important it may sound to some, it
still is only one element in the composition of values that a just society
must pursue. There are other equally significant values which a
democratic society may wish for education to impart to its young. Among
JUDGMENTthose is the acceptance of a plurality and diversity of ideas, images and
faiths which unfortunately faces global threats. Then again, equally
important is the need to foster tolerance of those who hold radically
differing views, empathy for those whom the economic and social milieu
has cast away to the margins, a sense of compassion and a realisation of
the innate humanity which dwells in each human being. Value based
education must enable our young to be aware of the horrible consequences
of prejudice, hate and discrimination that continue to threaten people and
societies the world over. Morality as a defining concept of spreading
values may run the risk of being dangerously one sided, exposing young
citizens to the same dogma which those who decry the creed of
materialism seek to change. Moreover, morality itself is a notion which
has varying hues.
22 It is unrealistic for the court to assume that it can provide solutions
to vexed issues which involve drawing balances between conflicting
dimensions that travel beyond the legal plane. Courts are concerned with
issues of constitutionality and legality. It is difficult to perceive how
matters to which solutions may traverse the fields of ideology, social
theory, policy making and experimentation can be regulated by this court
such as by issuing a mandamus to enforce a scheme of instruction in a
particular subject in school education. Should a subject be taught at all?
Should a set of values or a line of enquiry and knowledge be incorporated JUDGMENT
as a separate subject of discourse in an educational system? Would a
horizontal integration of a given set of values across existing subjects
better achieve a desirable result? Is it at all desirable to impose another
subject of study upon the already burdened school curriculum?
23 These are vexed issues to which more than one solution may appear
just. That is exactly the reason why a resolution of such matters must rest
with those who have the responsibility to teach and govern over matters of
education. Every good that is perceived to be in the interest of society
cannot be mandated by the court. Nor is the judicial process an answer to
every social ill which a public interest petitioner perceives. A matter such
as the present to which a solution does not rest in a legal or constitutional
framework is incapable of being dealt with in terms of judicially
manageable standards.
24 In any event, we have adverted at some length to the response
which has been filed by CBSE, which has also been adopted by the Union
of India, as reflective of its position. The issue whether an alternative
approach would better subserve the concern for providing value based
education is not a matter for the court to evaluate.
25 For these reasons, we find no merit in the Writ Petition. The Petition
shall accordingly stand dismissed. The applications for impleadment and
JUDGMENTintervention are disposed of accordingly.
New Delhi JULY 22, 2016.