MANU/SC/1519/2002

Equivalent Citation: AIR2002SC 3176

IN THE SUPREME COURT OF INDIA

W.P. (C) No. 98 of 2002
Decided On: 12.09.2002
Appellants:Aruna Roy and Ors.
Vs.
Respondent:Union of India (UOI) and Ors.
Hon'ble Judges/Coram:
M.B. Shah, D.M. Dharmadhikari and H.K. Sema, JJ.
Counsels:
For Appearing Parties: Harish Salve, Solicitor General, C.S. Vaidyanathan, Raju
Ramachandran, Kapil Sibal (N.P.), P.P. Rao, P.S. Misra, Amarendra Sharan, M.N.
Krishnamani, Sr. Advocates, Hari Priya, K.V. Vijaykumar, K.C. Kaushik, Siddhartha
Choudhary, R.N. Poddar, C. Radhakrishna, B.V. Balram Das, Meenakshi Sakhardande,
Gayatri Goswami, Aparajita Singh, D.S. Mahra, Neelam Sharma, Tara Chandra
Sharma, Ajay Sharma, Rupesh Kumar, Rajeev Sharma, Ashok Kr. Pandey, G. Balajee,
Chandra Shekhar Singh, J.S. Bhasin, Amit Kumar, Amit Tiwary, Vishnu Sharma,
Tathagat H. Vardhan, Samir Ali Khan, Deepa Rai, S. Pani, R.K. Singh, K.V. Mohan,
Sunil Kr. Jain, Vijay Hansaria, M.S. Rahi, J.K. Bhatia, M.P. Vinod, Deepal Prakash,
Nikhil Nayar and C.D. Singh, Advocates
JUDGMENT
M.B. Shah, J.
1. 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 up till
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. Vaidyanathan, learned Senior
Counsel for the Petitioners that the issues involves 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.

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 Non-Consultation with CABE"
2 . 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.
3 . 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.
4 . 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 advise, suo motu, 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.
3 . For the discharge of these functions, the Board may (i) call for
information 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, research or reports on
any specific issue requiring attention of the Board or its committees or
groups."
5. The composition of the Board is also provided therein.
6 . As per the aforesaid Resolution, CABE consists of in all 104 Members. Out of

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them, 64 members are ex-officio members: 32 are nominated by the Government and
8 members are elected by Parliament. The quorum provided for the meeting of the
Board is 2/3rd of the total membership of the Board. The Resolution also requires the
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. 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.
7. Subsequently, on 19th October, 1990, on the same line, the Government of India
passed the Resolution reconstituting CABE, which inter alia reads thus:
"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. 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
Governments and educationists and teachers, should increase their
interaction so that education becomes an instrument for national
reconstruction and social cohesion."
8. The remaining part, providing for functions and mode of its discharge, remains the
same, as stated in the earlier resolution.
9. 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.
10. 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.
11. 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 Ors. in July, 2001, i.e. prior to
the finalisation of the NCFSE. Despite the same the Government failed to reconstitute
the body and it now cannot state that it has 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 CABE was not sought as it
has not yet been reconstituted. It is further submitted that the Programme of Action

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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:--
"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 meaningful and important role in the implementation of the 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 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 NPE/POA."
1 2 . It is also pointed out that the Report of the Ministry of Human Resource
Development of 1990-92 on the Development of Education in India also notes the
importance of the CABE. The relevant extract is as follows:--
"1.12 Actions related to education at the national level including planning
and policymaking 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 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
Institute of Educational Planning and Administration, the National Council of
Educational Research and Training and the University Grants Commission."
13. 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 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.
14. 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 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 decided 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 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 CABE was not reconstituted since 1994.
1 5 . The Learned Counsel for Respondent also submitted that the

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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.
16. However, as stated above the main function of the 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
Central Government and the State Government for educational development in
accordance with the Education Policy. Suo motu 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.
1 7 . Further, as per the relevant extract of the Report of the Ministry of 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.
18. 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 1990
Resolution constituting CABE inter alia takes note of the fact that it is a matter of
importance that Central Government, State Governments, educationist 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
Chairpersonship of Acharya Ramamurti. Same is the position in the present case. The
recommendations of S.B. Chavan Committee constituted by Parliament are accepted.
19. 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 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.
2 0 . 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 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

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Framework:
"The National Curriculum for the 10 Year School prepared by the NCERT is
recommended to the State Governments."
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.
If there 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 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 coordination between Centre
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 coordinator of Centre and State in such National issues with
serious federal implications.
21. 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.
22. 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
uniformity of standards in education. The Memorandum of Association of NCERT,
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 alia 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;
(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....."
23. It is rightly pointed out that it is clear from a reading of the Memorandum of
Association of NCERT that the preparation of a curriculum model, which could be
followed generally to improve educational techniques and practices, and which could
also form 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 Human Resource Development) is the ex-officio
President, the Secretary of the Union Ministry of Education (now HRD), the Chairman

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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 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 1990 (by the Government Resolution dated 19th October, 1990) is
also chaired by the Union Minister 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.
2 4 . 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 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 repeatedly pointed out that NCERT also consists of experts in the field of
education as well as ex-officio members. If the constitution of NCERT and 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 majority.
25. 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.
Violation of Article 28
26. Learned Counsel for the Petitioners vehemently objected and pointed out that
NCFSE pertaining 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 of NCFSE which reads thus:
1.4.7. Education for Value Development.
The past five decades after 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

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towards the unity and integration 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-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 Curriculum for Elementary 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.
The School Curriculum in 1988 was designed to enable the learner to acquire
knowledge to develop concepts and inculcate values commensurate with the social,
cultural, economic and environmental realities at the national and international
levels. The social values aimed at were friendliness 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 programme as per the recommendations of
the S.B. Chavan Committee Report submitted to the Indian Parliament 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 major objectives of education, namely knowledge, skill,
balance, vision and identity". (81st Report on Value-based Education presented to
Rajya Sabha on 26th February, 1999, Item No. 8).
Besides, curriculum 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, fraternity
democratic attitude and sense of obligation to environmental protection.
Another significant factor that merits urgent attention now is religion. 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 from the primary years. Students have to be given the 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 Chavan Committee (1999) strongly urges education about religions
as an instrument of social cohesion and social and religious harmony. The UNESCO
Department for Intercultural 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 it is from early
childhood that children should be introduced to the discovery of "otherness", and to

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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 inter-cultural and inter-religious dialogue, through the adequate
pedagogical tools, is conceived as a means to foster reciprocal 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 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)."
27. From the aforesaid paragraph, it can be culled out:
"(i) that the object for values 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;
(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 nonviolence;
(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 imparting education on religions;
no righteous dogmas and superstitions should be promoted to propagate in
the name of education about religions."
2 8 . 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.
29. 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 pre- pared 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 Committees, namely, the Radhakrishnan Commission
(1948-49), Kothari Commission (1964-66), National Policy 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), which have highlighted the urgent need for making the

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educational system value-based.
30. 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 was asked to implement this
report. It is submitted that some of the recommendations in the curriculum proposed
by NCERT are virtual and verbatim copy of the report of the S.B. Chavan 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 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.
31. At this stage, we would quote the relevant part of the S.B. Chavan Committee's
report as under:--
"1. 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, vitues 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 Western 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 the 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 (1964-66),
National Policy 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 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
coordinated effort on the part of all the implementing agencies may be held
responsible for this sort of affairs."

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4. Against this background, the Committee decided to re-examine the 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, which was subsequently
reconstituted on 6th August, 1997. However, as the work allocated to the
Sub-Committee could not be completed during the term of the previous main
Committee, a new Sub-Committee came into being on 6th August, 1998.
5 . The Committee invited suggestions from 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.
6 . 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. But there are certain common elements
which unite the country in its diversity. This country has a long tradition.
Here from ancient times, there have been great saints and thinkers from
different religions and sects who have talked about some eternal values.
These values are to be inculcated by our young generation.
7 . 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. In other words, present
day education is nothing but an information transmission process. Our
educational system aims at only information 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 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."
8. Truth (Satya), Righteous Conduct (Dharma), Peace (Shanti), Love (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 corelated with the five major objectives of education,

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namely, knowledge, skill, balance, vision and identity.
9 . Primary school stage is the period in child's life when seed of value
education can be implanted in his/her impressionable mind in a very subtle
way. If this seen is nurtured by the capable hands of dedicated 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.
1 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,
now-a-days, 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.
11. 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 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.
12. 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.
13. 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 if there are differences of opinion
in certain areas, people have to learn to coexist and carry no hatred against
any religion.
14. One should never forget that all the values are derived from ultimate
reality -- supreme power of 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

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 into the syllabus.
38. With the advancement in information technology, audio-visual media has
dominated the information/knowledge system of our country. Under the
invasion of Western culture penetrating into India through the media, the
young are being literally moved away from our age old traditions and values.
Any attempt to instil indigenous values in students in schools, colleges are
over shadowed by the overwhelming impact of Western culture. The
Committee is of the considered view that stringent efforts are required on the
part of the Govt. to monitor the programmes being aired/telecast through its
media. Similar steps need to be taken so as to have a mechanism of quality
control of programmes under the control of private agencies too."
32. Undisputedly, the aforesaid S.B. Chavan Committee's report was placed before
the Parliament for discussion. None can also dispute that past five decades have
witnessed constant erosion of the essential social, moral and spiritual values and
increase in cynicism at all levels. We 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 nor secularism. Bereft of moral
values secular society or democracy may not survive. As observed by the Committee,
values are virtues in an individual 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, -- is it not advisable to have 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? Answer would obviously be 'yes.'
3 3 . Further, for controlling wild animal instinct in human beings and for having
civilized cultural society, it appears that religions have come into existence. Religion
is the foundation for value base survival of human beings in a civilized society. The
force and sanction behind civilized society depends upon moral values. Philosophy of
coexistence and how to coexist is thought over by the Saints all over the world which
is revealed by various philosophers. How to coexist, not only with human beings but
all living beings on the earth, may be animals, vegetation and environment including
air and water, is thought over and discussed by Saints and leaders all over the world
which is reflected in religions. If that is taught, it cannot be objected as it is neither
violative of constitutional or legal rights nor it offends moral values. This has been
dealt with elaborately by the S.B. Chavan Committee. The Committee as stated above
had invited suggestions from noted educationists on various aspect of value based
education. As stated by the Committee it had benefited by the views of eminent
experts/NGOs doing pioneering work in this area. Further, no one can dispute that
truth (satya), righteous conduct (dharma), peace (shanti), love (prem) and non-
violence (ahinsa) are the core universal values accepted by all religions. 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 made aware that the basic concept
behind every religion is common, only the practices differ. If these recommendations
made by the Parliamentary Committee are accepted by the NCERT and are sought to
be implemented, it cannot be stated that its action is arbitrary or unjustified.
3 4 . Further, it appears to be totally wrong presumption and contention that
knowledge of different religions would bring disharmony in the society. On the
contrary, knowledge of various religious philosophies is material for bringing

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communal harmony as ignorance breeds hatred because of wrong notions
assumption, preaching and propaganda by misguided interested persons.
35. The NCFSE would also be in consonance with the fundamental duties enshrined
under Article 51-A of the Constitution which inter alia provides as under:--
"51-A. Fundamental duties.--It shall be the duty of every citizen of India:--
(a) to (d)........................
(e) 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;
(f).............................
(g) to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living
creatures;
(h)............................
(i) to safeguard public property and to abjure violence;
(j).............................
36. Let us ask a question to ourselves -- Whether during the last more than five
decades, have we tried to safeguard the public property and to abjure violence? --
Whether bandhs for attaining a political object or strike for redressing the grievances
have not increased the violence? In most of the cases, public properties are targeted
and damaged. Loss is to the nation. Further, are we trying to promote harmony and
the spirit of common brotherhood among all people of India believing in different
religions? It appears that we have not taken necessary steps for such a purpose.
Similarly, up till now instead of protecting and improving the natural environment,
we have damaged it. There is wide spread deforestation; lakes are being used for
constructing buildings and we are losing compassion for living creatures including
human beings. Why that is so? Let it be discussed by experts. May be that basics of
all religions may help in achieving the objects behind fundamental duties.
37. In A.S. Narayana Deekshitulu v. State of A.P. and Ors. [MANU/SC/0455/1996 :
(1996) 9 SCC 548] : AIR 1996 SC 1765): (1996 AIR SCW 2029 (Paras 145, 146, 147,
148, 149, 155, 157 & 158), in a concurring judgment Justice Hansaria aptly pointed
out difference between 'religion' and 'dharma' and observed thus:--
"143. Our dharma is said to be 'Sanatana' i.e. one which has eternal values:
one which is neither time-bound nor space-bound. It is because of this that
Rig Veda has referred to the existence "Sanatan Dharmani". The concept of
'dharma', therefore, has been with us for time immemorial. The word is
derived from the root 'Dh.r' -- which denotes: "upholding', 'supporting',
'nourishing' and 'sustaining'. It is because of this that in Kama Parva of the
Mahabharata, Verse 58 in Chapter 69 says:
"Dharma is for the stability of the society, the maintenance of social
order and the general well-being and progress of humankind.
Whatever conduces to the fulfilment of these objects is Dharma; that
is definite."

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 (This is the English translation of the verse as finding place in the
aforesaid Convocation Address by Dr. Shankar Dayal Sharma)
144. The Brhadaranyakopanishad identified dharma with truth, and declared
its supreme status thus:
"There is nothing higher than dharma. Even a very weak man hopes
to prevail over a very strong man on the strength of dharma, just as
the prevails over a wrongdoer) with the help of the King. So what is
called dharma is really truth. Therefore people say about a man who
declares the truth that he did declaring dharma and about one who
declares dharma they say he speaks the truth. These two (dharma
and truth) are this."
(English translation of the original text as given in the aforesaid Convocation
Address)
145. The essential aspect of our ancient thought concerning law was the
clear recognition of the supremacy of dharma and the clear articulation of the
status of 'dharma' which is somewhat akin to the modern concept of the rule
of law i.e. of all being sustained and regulated by it.
1 4 6 . In Verse 9 of Chapter 5 in the Ashrama Vasika Parva of the
Mahabharata, Dhritrashtra states to Yudhisthira: "The State can only be
preserved by dharma -- under the rule of law."
147. Ashoka mentioned about victory of dharma in his rock edict at Kalsi
which proclaimed his achievement in terms of the moral and ethical
imperatives of dharma, and exemplified the ancient dictum: (Vernacular
matter omitted....Ed.) (Where there is Law, there is Victory).
153. The author goes on to say that the perennial truths, rules, and laws that help
maintain peace and harmony in one's individual and in the community life constitute
dharma. It applies for all times and in all places. Social laws and even national
constitutions devoid of such a dharma will lead a society towards an inevitable
decline.
155........... In the practice of dharma, one is advised to shed the veil of ignorance
and practise truthfulness in one's thoughts, speech, and actions. How can dharma be
secret, having revelation as its source? Withholding nothing, all the great sages in
the world shared their knowledge with humanity. In the Bhagavad Gita, the Bible,
Koran, and Dhammapada knowledge, like the sun, shines for all.
156. It is because of the above that if one were to ask "What are the signs and
symptoms of dharma?", the answer is: that which has no room for narrow-
mindedness, sectarianism, blind faith, and dogma. The purity of dharma, therefore,
cannot be compromised with sectarianism. A sectarian religion is open to a limited
group of people whereas dharma embraces all and excludes none. This is the core of
our dharma, our psyche."
3 9 . It is crystal clear that the word "religion" has different shades and colours.
Important shade is dharma (duty). That is to say, duty towards the society and the
soul. In Santosh Kumar and Ors. v. Secretary, Ministry of Human Resources
Development and Anr. MANU/SC/0060/1995 : (1994) 6 SCC 579) : (AIR 1995 SC
293): 1994 AIR SCW 4459) : (AIR 1994 SC 1918: 1994 AIR SCW 2946), the Court
negatived the contention that teaching of Sanskrit language as an elective subject

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would act against secularism as accepted by nine-Judge Bench of this Court in S.R.
Bommai v. Union of India (MANU/SC/0444/1994 : (1994) 3 SCC 1) and held thus:--
"16. For the disposal of the cases at hand it is not necessary to elaborately
discuss what are the basic requirements of secularism inasmuch as in
Bommai case this exercise has been well done by the learned Judges. It
would be enough for our purpose to note what some of the learned Judges
said in this regard. Sawant, J. with whom one of us (Kuldip Singh. J.)
agreed, quoted in para 147 of the report what Shri M.C. Setalvad had stated
on secularism in his Patel Memorial Lecturers, 1965. One of the observations
made by Sethalvad was that a secular State is not hostile to religion but
holds itself neutral in matters of religion. The further observation in para 148
is that the State's tolerance of religion does not make it either a religious or
a theocratic State. Ramaswami, J. stated in para 179 that secularism
represents faiths born out of the exercise of rational faculties and it enables
to see the imperative requirements for human progress in all aspects and
cultural and social advancement and indeed for human survival itself.
1 7 . It would be profitable to note that according to Justice H.R. Khanna
secularism is neither anti-God nor pro-God; it treats alike the devout, the
agnostic and the atheist. According to him, secularism is not antithesis of
religious devoutness. He would like to dispel the impression that if a person
is devout Hindu or devout Muslim he ceases to be secular. This is illustrated
by saying that Vivekananda and Gandhiji were the greatest Hindus yet their
entire life and teachings embodied the essence of secularism. (See his article
The Spirit of Secularism" as printed in Secularism and India: Dilemmas and
Challenges edited by Shri M.M. Sankhdhar.)"
3 9 . Therefore, in our view, the word 'religion' should not be misunderstood nor
contention could be raised that as it is used in the national policy of education,
secularism would be at peril. On the contrary, let us have a secularistic democracy
where 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 understanding of duties
towards the Society. Value based education is likely to help the nation to fight
against all kinds of prevailing fanaticism, ill-will, violence, dishonesty, corruption,
exploitation and drug abuses. As stated above, the NCF 1988 was designed to enable
the learner to acquire knowledge and was aimed at self-discipline, courage, love for
social justice etc. truth, righteous conduct, peace, non-violence which are core
universal values that can become the foundation for building the value based
education. These high values cannot be achieved without knowledge of moral
sanction behind it. For this purpose, knowledge of what is thought over by the
leaders in past is required to be understood in its true spirit. 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 secularism would not survive.
4 0 . Learned Counsel for the Petitioners heavily relied upon Article 28 of the
Constitution for contending that national curriculum is against the, mandate of the
said Article. For appreciating the said contention, we would first refer to Article 28:
"28. Freedom as to attendance at religious instruction or religious worship in
certain educational institutions.--(1) No religious instruction shall be
provided in any educational institution wholly maintained out of State funds.
(2) Nothing in Clause (1) shall apply to an educational institution which is

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 administered by the State but has been established under any endowment or
trust which requires that religious instruction shall be imparted in such
institution.
(3) No person attending any educational institution recognised by the State
or receiving aid out of State funds shall be required to take part in any
religious instruction that may be imparted in such institution 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 is a minor,
his guardian has given his consent thereto."
41. In substance, the aforesaid Article prohibits imparting of religious instructions in
any educational institution wholly maintained out of State funds. At the same time,
there is no such prohibition where such an educational institution is established
under any endowment or trust which requires that religious instruction shall be
imparted in such institution.
42. Further, no person attending any educational institution recognised by the State
or receiving aid out of State funds could be compelled to take part in any religious
instruction that may be imparted in such institution or to attend any religious worship
that may be conducted in such institution. So the entire emphasis of the Article 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. In DAV College v. State of Punjab MANU/SC/0039/1971 : (1971) 2 SCC 269
: (AIR 1971 SC 1737) the constitutional validity of certain provisions of Guru Nanak
University, Amritsar, Act 21 of 1969 was challenged by DAV (Dayanand Anglo Vedic)
College Trust. The Trust was formed to perpetuate the memory of Swami Dayanand
Saraswati who was the founder of an organisation known as Arya Samaj. It was
claimed that it was having fixed religious programme and its constitution is designed
to perpetuate the religious teaching and philosophy of its founder. It was inter alia
contended that as the Guru Nanak University was wholly maintained out of the State
funds and the provision under Section 4(2) offends Article 28(1) which is not saved
by Clause (2) thereof and in that context the Court observed (in para 24) thus:--
"24..............If the University makes provision for an academic study and
research of the life and teachings of any saint it cannot on any reasonable
view be considered to require Colleges affiliated to the University to
compulsorily study his life and teachings or to do research in them. The
impugned provision would merely indicate that the University can institute
courses of study or provide research facilities for any student of the
University whether he belongs to the majority or the minority community to
engage himself in such study or research but be it remembered that this
study and research on the life and teachings of the Guru Nanak must be a
study in relation to their culture and religious impact in the context of Indian
and world civilizations which is mostly an academic and philosophical study."
The Court further observed (in para 26) as under:--
"26. Even so the Petitioners have still to make out that Section 4(2) implies
that religious instruction will be given. We think that such a contention is too
remote and divorced from the object of the provision. Religious instruction is
that which is imparted for inculcating the tenets, the rituals, the observances,
ceremonies and modes of worship of a particular sect or denomination. To
provide for academic study of life and teaching or the philosophy and culture

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 of any great saint of India in relation to or the impact on the Indian and
world civilizations cannot be considered as making provision for religious
instructions."
4 3 . The Learned Counsel for the Petitioners next contended that if philosophy of
religion spills into teaching religious tenets, it would fall under "religious
instructions". In our view, this submission is hypothetical, premature and without any
basis as it is on the assumption that under the guise of religious philosophy,
religious instructions would be imparted. Hence, in our view, it is not necessary to
refer to the discussion relied upon by the Learned Counsel in the Constituent
Assembly debates. However, we would make it clear that the said discussion is
pertaining to religious instructions.
Additional Submissions --
44. A. Regarding Sanskrit Language Learned Senior counsel Mr. Vaidyanathan further
submitted that Sanskrit language is imposed in an unjustified manner.
For Sanskrit language being imposed, it has been pointed that allegation is wholly
wrong. The provisions only enable this language to be taught to those students who
wish to study it. Sanskrit may be made available as an additional option at the
secondary stage and as suitable elective course to all those who wish to study it at
the higher secondary stage. It is also pointed out that Sanskrit is one of the official
languages of India. Reliance is placed on Santosh Kumar's case
(MANU/SC/0039/1971 : AIR 1971 SC 1737] (Supra), wherein this Court has
emphasized the importance of Sanskrit study and declared the omission of Sanskrit
from CBSE syllabus as unjustified.
In the aforesaid case, the Court observed thus:--
"19......We entertain no doubt in our mind that teaching of Sanskrit alone as
an elective subject can in no way be regarded as against secularism. Indeed,
our Constitution requires giving of fillip to Sanskrit because of what has been
stated in Article 351, in which while dealing with the duty of the Union to
promote the spread of Hindi, it has been provided that it would draw,
whenever necessary or desirable, for its vocabulary, primarily on Sanskrit.
Encouragement to Sanskrit is also necessary because of it being one of the
languages included in the Eighth Schedule.
20. We, therefore, conclude by saying that in view of importance of Sanskrit
for nurturing our cultural heritage, because of which even the official
education policy has highlighted the need of study of Sanskrit, making of
Sanskrit alone as an elective subject, while not conceding this status to
Arabic and/or Persian, would not in any way militate against the basic tenet
of secularism. There is thus no merit in the first objection raised by the
Board."
B. Regarding Vedic Astrology
It is pointed out that what has been mentioned in the curriculum is 'astronomy' and
not 'vedic Astrology". Astronomy is well known science and different from vedic
astrology.
C. Regarding Vedic Mathematics
It is submitted that there is no question of imposition of vedic mathematics. It has

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not been made part of the curriculum but suggested as a computational aid. In
teaching mathematics, the teachers are free to merely use it or not as an available
idea. It is pointed out that merely because epithet 'vedic' is used, the Petitioners has
attempted to attribute something of religion to it. The word 'vedic' in this context
indicates only time factor.
D. Regarding Hindu Festivals being treated as National Festivals.
It is submitted that this is a clear distortion as the curriculum book no where says so.
On the other hand, it says --
"Schools may organise joint celebration of festivals of major religions and
cultural groups. This would generate better understanding of and
appreciation and respect for one another and create a tolerant and cohesive
society."
E. It is contended that instead of emphasizing development of scientific temper and
imparting knowledge to children, to help them develop their own views something
contrary is tried to be implemented. There is also distortion of version of history by
using the words "Mughals invaded the country as against Britishers conquered the
country."
The aforesaid submission does not deserve any consideration hence rejected.
F. Learned senior counsel. Mr. Vaidyanathan, vehemently submitted that NCFSE also
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'. It is his contention that 'intelligence
quotient' has been banned through out by the United States of America as not being
the correct method to test students. 'Spiritual quotient' is not valid anywhere else in
the world. Therefore, the basis of such classification is wholly arbitrary.
45. The aforesaid question 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 and to decide whether criteria adopted in USA should be followed or
not.
Non-Consultation with CABE
46. 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 coordinate 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

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 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.
Violation of Article 28
47. 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.
48. 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.
D.M. Dharmadhikari, J.
49. 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.
50. Secularism is the basic structure of the Constitution. Clause (1) of Article 28
prohibits imparting of 'religious instructions' in educational institutions fully
maintained out of State funds. The case of D.A.V. College v. State of Punjab,
(MANU/SC/0039/1971 : 1971 (2) SCC 269) : (AIR 1971 SC 1737) has been noted.
The words "religious instructions" have been held as not prohibiting education of
religions dissociated from "tenets, the rituals, observances, ceremonies and modes of
worship of a 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.
5 1 . 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

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contained in various religions. There is a 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'.
52. The English word 'religion' does not fully convey the Indian concept of religion.
Hindus believe in Vedas. The word 'Dharma' has a very wide meaning. One meaning
of it is the 'moral values or ethics' on which the life is naturally regulated. Dharma or
righteousness is elemental and fundamental in all nations, periods and times. For
example truth, love, compassion are human virtues. This is what Hindu call Sanatan
Dharma meaning religion which is immutable, constant, living, permanent and ever
in existence. Religion, in wide sense, therefore, is those fundamental principles which
sustain life and without which the life will not survive. Rig Veda describes Dharma as
Athodharmani Dharayan. In this concept of religion or Dharma, different faiths, sects
and schools of thoughts merely are different ways of knowing truth which is one. The
various sects or religious groups are understood as Panth or Sampradaya. In Western
world particularly in Britain, religious education has been understood as nearly
identical with the religious instructions. India which is wedded to a secular
philosophy by its constitution; 'Religious education' to distinguish it from 'religious
instructions' can mean approaching the many religions of the world with an attitude
of understanding and trying to convey that attitude to children. This distinction
between 'religious instructions' and 'religious education' has to be maintained while
introducing a curriculum of religious education and implementing it. This would
require a constant vigil on the part of those imparting religious education from
primary stage to the higher level otherwise there is a potent danger of religious
education being perverted by educational authorities whosoever may be in power by
imparting in the name of 'religious education', 'religious instructions' in which they
have faith and belief. Modern philosopher and educationists particularly those who
belong to the schools of thought which encourage free thinking and an independence
of choice to be given to the children in the matter of inculcating human values and
philosophy based on their individual liking or inclination, are very sceptical about
imparting religious instructions or religious education by traditional methods. They
see that in teaching religions, there is a possibility of indoctrination or brain-washing
of the children and thus, curbing their inquisitive-ness and free thinking in the name
of religion. Indoctrination of children in a particular faith or belief has to be avoided.
J. Krishnamurti, a modern renowned philosopher of India in his book 'Education and
the Significance of Life' has sounded a note of caution in introducing religious
education. His caveat, in his words, is as under:
"What we call religion is merely organised belief, with its dogmas, rituals,
mysteries and superstitious. Each religion has its own secret book, its
mediator, its priests and its ways of threatening and holding people. Most of
us have been conditioned to all this, which is considered religious education;
but this conditioning sets man against man, it creates antagonism, not only
among the believers, but also against those of other beliefs. Though all
religions assert that they worship God and say that we must love one
another, they instil fear through their doctrines of reward and punishment,
and through their competitive dogmas they perpetuate suspicion and
antagonism.
Dogmas, mysteries and rituals are not conducive to a spiritual life. Religious
education in the true sense is to encourage the child to understand his own
relationship to people, to things and to nature. There is no existence without
relationship; and without self-knowledge, all relationship, with the one and
with the many, brings conflict and sorrow of course, to explain this fully to a

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 child is impossible; but if the educator and the parents deeply grasp the full
significance of relationship, then by their attitude, conduct and speech they
will surely be able to convey to the child, without too many words and
explanations, the meaning of a spiritual tire."
53. Religious education, therefore, even if permitted to be imparted should consist of
"understanding the child as he is without imposing upon him an ideal of what we
think he should be". Howsoever highly educated, one may be but without deep
integration of thought and feeling, his life is incomplete, contradictory and torn with
many fears; and as long as education does not cultivate an integrated outlook on life,
it has very little significance.
54. True religion is not a set of beliefs and rituals, hopes and fears; and if we can
allow the child to grow up without these hindering influences, then perhaps, as he
matures, he will begin to inquire into the nature of reality. That is why, in educating
a child, deep insight and understanding are necessary".
55. True religious education is to help the child to be intelligently aware, to discern
for himself the temporary and the real, and to have a disinterested approach to life;
and would it not have more meaning to begin each day at home or at school with a
serious thought, or with a reading that has depth and significance, rather than
mumble some oft-repeated words or phrases........ To educate the student rightly is
to help him to understand the total process of himself; for it is only that there is
integration of the mind and heart in everyday action that there can be intelligence
and inward transformation.
56. An educator is not merely a giver of information; he is one who points the way
to wisdom, to truth. Truth is far more important than the teacher. The search for
truth is religion, and truth is of no country, of no creed, it is not to be found in any
temple, church or mosque. Without a search for truth, society soon decays. (Source:
'Education and the Significance of Life' by J. Krishnamurti)
5 7 . A great philosopher, social reformer and religious man of our times, Vinoba
Bhave who studied all the religions of India and some of other countries has
suggested a balanced approach in the matter of imparting religious education in
pluralistic society wedded to secularism. He finds the best coordinating formula on
study of religions in 'Vedas'. He quotes the following lines of Rig Vedas -- 'Ekam Sat
Vipra Bahuda Vadanti'. Truth every where is same; the devotees worship it in
different forms. The other meaning of this Sanskrit couplet is "the thought of truth
everywhere is the same, we have understood only a part of it, others have
understood the other part of it". Therefore, according to him, different religious
thoughts can be assimilated and synthesised for creating religious harmony. In the
world, different thoughts on relationship of man with God and nature are to be found
in various religions like Hindus, Buddhists, Parsies, Jains, Yahudies, Islams, Cristians
and many others. These different thoughts influenced crores of people who are
following them. The common factor of all these thoughts should be understood as the
ultimate truth. If we delve deep into these various thoughts we get this knowledge.
These words should inspire the educationists and the people of India in creating a
real secular society in which 'religion' in its wider sense is imbibed and a heart felt
respect develops in people of one religious faith towards people of another religious
faith.
58. The lives of Indian people have been enriched by integration of various religions
and that is the strength of this nation. Whatever kind of people came to India either
for shelter or as aggressors, India has tried to accept the best part of their religions.

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As a result, composite culture gradually developed in India and enriched the lives of
Indians. This happened in India because of capacity of Indians to assimilate thoughts
of different religions. This process should continue for betterment of multi-religious
society which is India.
59. In a pluralistic society like India which accepts secularism as the basic ideology
to govern its secular activities, education can include study based on the 'religious
pluralism'. 'Religious pluralism' is opposed to exclusivism and encourages
inclusivism.
6 0 . Exclusivism in religion has been explained to mean -- the view that one
particular tradition alone teaches the truth and constitutes the way to salvation or
liberation. The Christians believe in the words attributed to Jesus in the 'Gospel of
John', "No one can come to the Father, but by me". They also believe as early as the
third century that dogma of extra ecclesiam nulla salus ('outside the church, no
salvation).
61. Muslims similarly believe that there is only one God and His one messenger 'the
Prophet'. Jews cherish their ethnically exclusive identity as God's chosen people.
6 2 . Hindus revere Vedas as eternal and absolute and Buddhists have often seen
Gautama's teaching as the Dharma that alone can liberate human beings from illusion
and misery.
6 3 . The above kind of perception has led to inclusivist theologies and religious
philosophies that their own tradition presents the final truth and other traditions are
seen as approaches to that final truth.
64. The comprehensive approach to religion which should be inculcated in a society
comprising people of different religions and faiths is described as inclusivism. In
explicit pluralism, the view accepted is that the great world faiths embodied different
perceptions and conceptions of and correspondingly different responses to, the Real
or Ultimate and that within each of them independently the transformation of human
existence from self-centeredness to reality-centeredness is taking place.
6 5 . Education in India which is to be governed by secular ethos contained in its
Constitution 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.
6 6 . Such religious education permitting religious pluralism' having emphasis on
inclusivism in religious education instead of allowing exclusivism can be
demonstrated by giving instances.
67. There can be found instances of religious vision capable of either inclusivist or
pluralist development within each of the word religion although they may not
constitute a central thing.
6 8 . For instances, in the New Testament, it is written that Logos, which became
incarnate as Jesus Christ, was "the light that lightens every man".
69. In the Hindu Bhagavadgita the Lord says, "However men may approach me, even

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so do I accept them; for, on all sides, whatever path they may choose is mine". And
in the Mahayana stream of Buddhism, the bodhisattva gives himself 'for the salvation
of all beings". In the Quran, a following declaration is found:--
"To God belong the East
And the West: whithersoever
Ye turn, there is the Presence [or face]
Of God. For God is all pervading,
All knowing."
70. And the Muslim Sufi poet Rumi wrote this of the different religious traditions:
"The lamps are different but the light is the same; it comes from beyond".
71. 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 reality. A wider
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. (See: Comparative Study of Religion
contained in the Encyclopedia of Religion under the heading "Religious Pluralism" pp.
331-333)
72. 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. For an
all round development of a child, all educationists feel that mere imparting of
information to students to sharpen their intellect is not enough. Inner qualities of
head and heart as also capacity to regulate their own life and their relation with
society should also be imparted to them for their own and general good of the
society as also for achieving the highest goal of life. The attainment of constitutional
ideals is possible only if side by side with sharpening intellect, moral character of
children, is also developed to make them good citizens.
73. 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 field of
preparation of an educational policy by the State.

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74. The scrutiny of the text books to find out whether they conform to the secular
thought of the country is also to be undertaken by the experts, academicians and
educationists. The members of NCERT should be open to any such dialogue with the
academicians and educationists. On the basis of general consensus, suitable
curriculum, which accords with secularism as understood in wide and benevolent
sense, has to be evolved.
7 5 . 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 of different religions existing in
India and outside India. If the 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 not prohibited by the Constitution and the constitutional provisions should not 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 Article 28(1), which negates the fundamental right of a child or
a person to get education of different religions of the country and out-side 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.
76. The debates in the Constituent Assembly when Article 28 of the Constitution was
being considered are illuminating and helpful in understanding the expression
'religious instruction' used in the said Article. See the following part of the debates:--
"Pandit Lakshmi Kanta Maitra: May I put the Hon'ble Member one question?
There is, for instance, an educational institution wholly managed by the
Government, like the Sanskrit College, Calcutta. There the Vedas are taught,
Smrithis are taught, the Gita is taught, the Upanishads are taught. Similarly
in several parts of Bengal there are Sanskrit Institutions where instructions in
these subjects are given. You provide in Article 22(1) that no religious
instruction can be given by an institution wholly maintained out of State
funds. These are absolutely maintained by State funds. My point is, would it
be interpreted that the teaching Vedas, or Smrithis, or Shastras or
Upanishads comes within the meaning of a religious instruction? In that case
all these institutions will have to be closed down.
The Hon'ble Dr. B.R. Ambedkar: Well, I do not know exactly the character of
the institutions to which my Friend Mr. Maitra has made reference and it is,
therefore, quite difficult for me.
Pandit Lakshmi Kanta Maitra: Take for instance the teaching of Gita,
Upanishads, the Vedas a things like that in Government Sanskrit Colleges
and schools.
The Hon'ble Dr. B.R. Ambedkar: My own view is this, that religious
instruction is to be distinguished from research or study. Those are quite
different things. Religious instruction means this. For instance, so far as the
Islam religion is concerned, it means that you believe in one God, that you
believe that Pagambar the Prophet is the last Prophet and so on, in other
words, what we call "dogma". A dogma is quite different from study.

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 Mr. Vice-President: May I interpose for one minute? As Inspector of Colleges
for the Calcutta University, I used to inspect the Sanskrit College, where as
Pandit Maitra is aware, students have to study not only the University course
but books outside it in Sanskrit literature and in fact Sanskrit sacred books,
but this was never regarded as religious instruction; it was regarded as a
course in culture.
Pandit Lakshmi Kanta Maitra: My point is, this. It is not a question of
research. It is mere instruction in religion or religious branches of study.
I ask whether lecturing on Gita and Upanishads would be considered as
giving religious instruction? Expounding Upanishads is not a matter of
research.
Mr. Vice-President: It is a question of teaching students and I know at least
one instance where there was a Muslim student in the Sanskrit College.
Shri H.V. Kamath: On a point of clarification, does my friend Dr. Ambedkar
contend that in schools run by a community exclusively for pupils of that
community only, religious education should not be compulsory?
The Hon'ble Dr. B.R. Ambedkar: It is left to them. It is left to the community
to make it compulsory or not. All that we do is to lay down that that
community will not have the right to make it compulsory for children of
communities which do not belong to the community which runs the school.
Proof. Shibban Lal Saksena: The way in which you have explained the word
"religious instruction" should find a place in the Constitution.
The Hon'ble Dr. B.R. Ambedkar: I think the courts will decide when the
matter comes up before them."
77. The above relevant part of the constitutional debates and the concluding remark
of Dr. B.R. Ambedkar give an indication of the minds of the framers of the
Constitution. They had seen the distinction between "religious instruction" as
mentioned in Clauses (1), (2) and (3) of Article 28 and "study of religions" or
"religious education" as a philosophical study.
78. 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 a time of its making; but
being a permanent document, it has been conceived in a manner so as to apply 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.
7 9 . The immortal words of the Chief Justice -- Holmes, should guide us in
interpreting words and expressions used in our Constitution. He said, "spirit of law is
not logic but it has been experience". His words apply with greater force to
constitutional law.

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80. The word "secularism" used in the preamble of the Constitution is reflected in
provisions contained in Articles 25 to 30 and Part IVA added to the Constitution
containing Article 51-A 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 towards religion and apathy for all kinds of
religious teachings in institutions of the State have not helped 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. Based on such mutual understanding and respect for each other's religious
faith, mutual distrust and intolerance can gradually be eliminated.
81. Study of religions, therefore, in school education cannot be held to be an attempt
against the secular philosophy of the Constitution.
8 2 . The real meaning of secularism in the language of Gandhi is Sarva-Dharma-
Samabhav meaning equal treatment and respect for all religions, but we have
misunderstood the meaning of secularism as Sarva-Dharma-Sam-Abhav meaning
negation of all religions. The result of this has been that we do not allow our
students even touch of our religious books. Gandhiji in his lifetime has been trying to
create religious and communal harmony and laid down his life in doing so. His ardent
follower Vinoba Bhave after independence has not only learnt all the languages and
made in-depth study of all the religions of India but covered length and breadth of
India on foot to unite the hearts of Indian people by spreading his message of non-
violence and love. Based on his in-depth study of all religious books of India, he
published, in his lifetime, their essence in the form of different books. He has very
strongly recommended that the essence of various religions, which he published in
book forms like Quran Saar, Khista Dharma-Saar, Bhagwat Dharma-Saar,
Manusnasanam etc., should be introduced to the students through text books because
these religious books have been tested since thousands of years and proved to be
useful for the development of man and human society. In a society wedded to
secularism, 'study of religions' would strengthen the concept of secularism in its true
spirit. In the name of secularism, we should not keep ourselves aloof from such great
treasures of knowledge which have been left behind by sages, saints and seers. How
can we develop cultured human-beings of moral character without teaching them
from childhood the fundamental human and spiritual values.
(See Vinoba Sahitya, Vol. 17, pp. 44-49 and 67).
83. Article 28(1), therefore, 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 Educational 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 decided to make a shift in the
educational policy in that direction, eminent educationalists, thinkers, philosophers

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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. It has been emphasised that education should
not be for the purposes of making a child merely literate and intelligent. The real
education is one in which a child gradually realises that he is made up not only of
body and mind but also some inner elemental qualities. Some thoughts of Gandhi on
religious education were read before us on behalf of the Petitioners to point out that
Gandhi was sceptical on introduction of religion in education. His writings, if read in
proper context, on the contrary, contain strong recommendations that common and
basic tenets of religions be imparted to the children. In 1908 in an article in Hind
Swaraj on "Religious Education", Gandhi expressed his thoughts thus:--
"The question of religious education is very difficult. Yet we cannot do
without it. India will never be Godless. Rank atheism cannot flourish in this
land. The task is indeed difficult. My head begins to turn as I think of
religious education. Our religious teachers are hypocritical and selfish, they
will have to be approached. The Mullas, the Dasturs and the Brahmins hold
the key in their hands, but if they will not have the good sense, the energy
that we have derived from English education will have to be devoted to
religious education. This is not very difficult. Only the fringe of the ocean has
been polluted, and it is those who are within the fringe who alone need
cleansing. We who come under this category can even cleanse ourselves,
because my remarks do not apply to the millions. In order to restore India to
its pristine condition, we have to return to it. (Hind Swaraj (1908), p. 1071.
To me religion means Truth and Ahimsa or rather Truth alone, because Truth
includes Ahimsa, Ahimsa being the necessary and indispensable means for
its discovery. Therefore anything that promotes the practice of these virtues
is a means for imparting religious education and the best way to do this, in
my opinion, is for the teachers rigorously to practise these virtues in their
own person. Their very association with the boys, whether on the playground
or in the class room, will then give the pupils a fine training in these
fundamental virtues.
So much for instruction in the universal essentials of religion. A curriculum,
of religious instruction should include a study of the tenets of faiths other
than one's own.. For this purpose the students should be trained to cultivate
the habit of understanding and appreciating the doctrines of various great
religions of the world in a spirit of reverence and broad-minded tolerance.
This if properly done would help to give them a spiritual assurance and a
better appreciation of their own religion. There is one rule, however, which
should always be kept in mind while studying all great religions, and that is
that one should study them only through the writings of known votaries of
the respective religions. For instance, if one wants to study the Bhagavata
one should do so not through a translation of it made by a hostile critic but
one prepared by a lover of the Bhagavata. Similarly to study the Bible one
should study it through the commentaries of devoted Christians. This study
of other religions besides one's own will give one a grasp of the rock-bottom
unity of all religions and afford a glimpse also of that universal and absolute
truth which lies beyond the 'dust of creeds and faiths'.
Let no one even for a moment entertain the fear that a reverent study of
other religions is likely to weaken or shake one's faith in one's own. The
Hindu system of philosophy regards all religions as containing the elements
of truth in them and enjoins and attitude of respect and reverence towards

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 them all. This of course presupposes regard for one's own religion. Study
and appreciation of other religions need not cause a weakening of that
regard, it should mean extension of that regard to other religions.
In this respect religion stands on the same footing as culture. Just as
preservation of one's own culture does not mean contempt for that of others,
but requires assimilation of the best that there may be in all the other
cultures, even so should be the case with religion, (young India, 6-12-'28)."
84. 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 educationalists and academicians, to assist the Government in formulating a
sound Educational Policy for primary education. India is mostly composed of people,
who are followers of one or the other religions or faiths. A very small section
comprises of those who are non-believers. They be described as purely humanists
and rationalists. Bertrand Russell in The School Curriculum Before Fourteen, speaking
on the teaching history to the school children, advocates imparting knowledge of
impact of thinkers and philosophers. He said: "I should not keep silence, but I should
not hold up military conquerors to admiration. The true conquerors, in my teaching
of history, should be those who did something to dispel the darkness within and
without -- Buddha and Socrates, Archimedes, Galileo and Newton, and all the men
who have helped to give us mastery over ourselves or over nature. And so I should
build up the conception of lordly splendid destiny for the human race, to which we
are false when we revert to wars and other atavistic follies, and true only when we
put into the world something that adds to our human dominion. (See Bertrand
Russell on "Education" at p. 172).
85. Bertrand Rusell, who was a sceptic and free thinker opined against indoctrinating
children by religious teaching. He is, however, not of the opinion that children should
be kept away from the knowledge of religion. He has noted a caution that sometimes
teaching of history and religion in the schools which are run and maintained by
religious sects may indoctrinate children to mould them to their thought and belief
and that would certainly be harmful. Because sometimes certain views on these
subjects are imparted so as to magnify one country' or one religion and denigrate
and degrade the other religions. Bertrand Russell is equally critical of the secular
teachings that is negative approach to religions. (See Bertrand Russell "Principles of
Social Reconstruction" pp. 105-106).
86. Pt. Jawaharlal Nehru Ex. P.M., Dr. S. Radhakrishnan and Dr. Zakir Hussain, Ex-
Presidents of India were also strongly of the view that in the march of human
philosophy only science and spirituality will be the two greatest primary forces which
will keep human-beings in best state of existence. The opinion of Dr. S.
Radhakrishnan on education is thus:--
"The end of education, as envisaged by Radhakrishnan, is self-knowledge.
Though man is a composite of body, mind and spirit, he has to live by what
is the highest in him, which is the spirit and the latter 'should not degenerate
into intellect and/or will'. It is the spirit which is the source of all
achievement, creativity, freedom and discipline." (See: The Social and
Political Thought of Dr. S. Radhakrishnan by Clarissa Rodrigues, p. 121)."

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8 7 . The greatest secular personality of this country, ex Prime Minister Jawaharlal
Nehru has expressed following thoughts:--
"........All education must have a definite social outlook and must train our
youth for the kind of society we wish to have. Politicians may strive for
political and economic changes in order to bring that society into existence,
but the real basis of that society must be laid in the teaching of our schools
and colleges. The real change will have to come in the minds of men, though
that change can and will be helped greatly by external changes in the
environment. The two processes go together and should help each other."
"The process of education, therefore, must help to build men and women
suited to the age and the task they have to perform. It should presumably
deal with certain basic factors in the development of boys and girls to give
them strength of character and the right outlook on life. I do not mean by
this that they should be conditioned only in one particular way, but rather
that they should develop, apart from the essentials, of character, a trained
receptive and tolerant mind which is capable of considering problems in their
entirety and trying to arrive at solutions. They should in effect develop into
integrated human beings. Integration means not only a process within
themselves, which of course is highly important, but also a measure of
integration with the environment." (See: Nehru on Social Issues by S.P. &
J.C. Aggarwal)
88. Swami Ranganathananda of Ramakrishna Mission, in the book "Eternal Values for
a Changing Society, Vol. 3: Education for Human Excellence", has identified six
objectives, which should be achieved by education. The following objectives which
have been culled fully accord with the constitutional philosophy:--
"1. The training of our children to an appreciation of our nation's cultural
heritage and to equip them with the desire and the capacity to enhance the
same and leave to posterity a richer legacy.
2 . The training of our children in talents and capacities by which they
become productive units of society and the source of its economic strength.
3. The equipment of our children with the qualities of courage and vision to
protect our newly won national freedom, to preserve its democratic structure,
function, and liberties, and to carry the same to ever wider fields and ever
higher levels.
4 . The training of our children in virtues and graces that will make them
emotionally state individuals and enable them to live in peace, harmony, and
cooperation with their fellow citizens.
5 . The training of our children in virtues and graces that will make them
international in their outlook and sympathies, and enable them to live in
peace, harmony, and cooperation with the emerging world community.
6 . The training of our children to an awareness of the spiritual and trans-
social dimension of the human personality and to a converging life-
endeavour in the realization of this fact in and through life and action.
7 . It is only thus that our education will become a fit discipline to help to
continue the march of the Indian tradition from an impressive past to a
glorious future."

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89. As pointed out by Learned Counsel on behalf of Petitioners, if there are certain
offending portions in the curriculum, which are not historically correct or has a
tendency to misrepresent, suppress or project a wrong information, they can be
removed. The learned Solicitor General on behalf of the Union of India and the
counsel appearing for NCERT have very candidly stated that if those portions are
identified, there would be no objection to the Government to consider their deletion
from the curriculum. It has been emphatically stated that the object of introducing
'study of religions' in the education from primary stage is to ensure all round
development of a child and with the object that he grows as citizen with respect for
constitutional values.
90. As has been stated by us above, while dealing with the first point, that a National
Policy of school education having effect and implications upon children of whole of
India should be prepared after careful and thoughtful deliberations. Learned Solicitor
General stated that NCERT before finalising the curriculum has not only held
symposiums, conferences, talks and debates, but also elicited opinions not only of
members of NCERT, but also ex-officio members of CABE. It is stated that although a
formal meeting of the members of CABE could not be called for seeking their advice,
but each one of them individually was sent a copy of curriculum to elicit their views
for and against it. It is after long deliberations, discussions and exchange of views
that the curriculum has been finalised. It is submitted that any restraint puts on
Introduction of curriculum could harm the interest of the students, who have already
started their academic sessions and a very large quantity of text books and literatures
prepared by NCERT in conformity with the National Curriculum of 2002, would go
waste. It is, therefore, stated that this Court should vacate interim order restraining
Introduction of National Curriculum on certain subjects as mentioned in the Order of
this Court dated 1st March, 2002. We have looked into the Constitution and functions
of CABE, copy of which has been provided to us. The Constitution and functions of
NCERT are also given to us for perusal. From the language employed therein, we find
that the functions of the two Bodies are not so clearly delineated as to put them in
water tight compartment. In evolving a National Policy on Education and based
thereon a curriculum, 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 nothing prevented it from expressing its opinion accordingly. It is
ultimately for the Parliament to take a decision on the National education Policy one
way or the other. It is not the province of the Court to decide on the good or bad
points of an Educational Policy. The Court's limited jurisdiction to intervene in
implementation of a policy is only if it is found to be against any statute or the
Constitution. We have not found anything in the Educational Policy or the Curriculum
which is against the Constitution. We have found no ground to grant any relief as
prayed for by the Petitioners. We would, however, direct the Union of India 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.
91. All bodies created by executive power of the State, are answerable 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
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

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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.
92. For the reasons given above, we do not find that the National Education Policy
2002 runs counter to the concept of secularism.
9 3 . Before parting with this case, we record our appreciation for the efforts and
industry put on the subject by the parties and their counsel. Their joint efforts are
commendable and we recognise their sincerity and best intentions in seeking judicial
intervention for safeguarding the interest of children, their parents and through them
the nation as a whole. We have, however, found no ground to grant any directions as
prayed for in these petitions. The petitions are, therefore, disposed of with the
observations made above. We make no orders as to costs.
H.K. Sema, J.
9 4 . 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.
95. The view of Justice Shah on the role and functions of CABE at page 7 of the
judgment reads thus:
"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
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."
96. 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. I am, therefore, of the view that 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.
9 7 . It is now well-settled principle that past practices and conventions form a
precedent and followed unless decided otherwise. In the case of CABE, the term 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 our notice disbanding or discontinuing CABE. The
only document, which has been brought to our notice is the letter dated 12th
February, 1997 written by the Deputy Secretary, Cabinet Secretariat, addressed to the
Ministry of Human Resource Development, referring to its letter dated 2nd January,
1997 and saying that the Prime Minister has felt that the proposed Board is too
unwieldy and desired to know whether there could be a compact Board. Thereafter,
the matter appears to have not been pursued further.

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98. 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.
99. 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.
100. With this view oh CABE, I concur with the view taken by Brother Shah, J. in all
other respects. In the result, the writ petition is dismissed. There shall be no order as
to costs.
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