“We have not found anything in the syllabus which is against the constitution,” a bench comprising Justice M.B. Shah, Justice D.M. Dharmadhikari and Justice H.K. Sema said. By a 2:1 majority, the bench held that non-consultation with the Central Advisory Board for Education (CABE) while framing the NCFSE could not be held as a ground to declare the national syllabus framed by the NCERT as unconstitutional.
Although Justice Sema agreed with the opinion of the other two judges, he had reservations about their views with regard to CABE. He said that although the CABE was a non-statutory body, the fact that it had played an important role in the framing of educational syllabus since 1935 could not be overlooked. Hence, he said, there must be a consensus on an important policy decision in education like NCFSE-2002 and that CABE's role in building a consensus between various states and the Centre could not be undermined.
Referring to the allegations of saffronisation of education, the bench said, “Education in religions has to be differentiated from religion education imparted in minority educational institutions.” Terming the right to know about religions a fundamental right of students, the court maintained that the constitution had not prohibited the study of religion. “Any interpretation of Article 28 to deprive students of education in religions will be a violation of their fundamental right,” it said, adding that education in religions could be imparted even in state-funded and semi-aided schools.
The court explained that studying
religions was “necessary under the prevailing circumstances in the country
and for its unity and integrity”. Referring to the increase in communalisation
in the country, the bench said, “The post-Partition era has been vitiated
by communal violence, impeding the growth of the nation. And it is of prime
importance to educate children in such a manner that they understand about
all religions.”
Publication: The Times of India
Date: September 13, 2002
“The SC has vindicated our stand.
The allegations (of saffronising education) hurled on us were politically
motivated, mischievous or made out of ignorance”.
“Those who went to the SC had no
concern for the education of the children and did not care whether the
children got their textbooks or not. Today, there is already a loss of
three months they should find ways and means to compensate the loss”