Holding

The NCFSE is constitutionally valid; non‑consultation with CABE does not invalidate it, and its provisions do not breach Article 28 or the secular basic structure.

Summary

The Supreme Court dismissed a public‑interest writ petition challenging the National Curriculum Framework for School Education (NCFSE) 2000 on the grounds that it was framed without consulting the Central Advisory Board of Education (CABE) and that it violated secularism and Article 28. The Court held that CABE is a non‑statutory advisory body and its consultation is not a legal prerequisite for the curriculum. The NCFSE’s inclusion of study of religions, value‑based education and optional Sanskrit teaching does not amount to "religious instruction" prohibited by Article 28, nor does it infringe the basic structure of secularism. Consequently, the petition was dismissed, though the Union was directed to consider filling CABE vacancies and convening a meeting.

Issues considered

Whether the failure to consult the Central Advisory Board of Education renders the NCFSE unconstitutional.
Whether the NCFSE violates Article 28 by imparting religious instruction in state‑funded schools.
Whether the NCFSE is anti‑secular and contravenes the basic structure doctrine.
Whether the classification of students based on "spiritual" and "intelligence" quotients violates Article 14.
Whether the curriculum’s inclusion of Vedic astrology, Vedic mathematics, and Hindu festivals is unconstitutional.

Legislation cited

Constitution of Indias. 42nd Amendment (Education moved to Concurrent List), s. Article 14, s. Article 21, s. Article 25, s. Article 26, s. Article 27, s. Article 28, s. Article 29, s. Article 30, s. Article 32, s. Article 51A

Subjects

National Curriculum FrameworkNCERTCABESecularismArticle 28Value‑based educationPublic interest litigationEducation policyReligious instructionBasic structure doctrine

Judgment

A MS. ARUNA ROY AND OTHERS
V,

UNION OF INDIA AND OTHERS

SEPTEMBER 12, 2002

B [M.B. SHAH, D.M. DHARMADHIKARI AND H.K. SEMA, JJ.]

Constitution of India, I950; Articles 2I, 27, 28, J2 and 5JA:

PJL-Publication of National Curriculum Framework for School
C Education 2000(NCFS.E.) by NCE.R.T.--Challenge on grounds of non-
consultation with Central Advisory Board of Education, and as being
unconstitutional and anti-secular-Held unfounded-Hence rejected.

Non-consultation with CABE-Effect of-Held, CABE being a non-
D statutory body constituted by the Government in exercise of its executive
fanction, consultation before finalisation of Education Policy is not mandatory--
Besides, N CE.R. T. is a statuto1y body comprising of experts and Members of
Parliament-Thus, formulation of NCFS.E. 2000 without consultation with
CABE is not violative of established principles/statutory provisions/rules.

E Secularistic democracy-preservation of-Held, NCFS.E. emphasizing
on study of basic tenets of all religions besides assurance by the Central
Government that no personal prejudices or narrow minded preceptions are
allowed to distort the real purpose. Hence, secular features of the Constitution
remained undisturbed/unaffected.

F Educational Institutions maintained out of State fund-Imparting of
religious instructioi1s-Prohibitions-Scope and ambit of-Held, NCFSE
comprise teaching of religious philosophy and culture particularly for having
value based social life in the society which is also in conformity with
fundamental duty enshrined under Article 5I(A). Thus, NCFS.E. is not
G unconstitutional as being violative of Article 28.
Petitioner filed Public Interest Litigation under Article 32 of the
Constitution of India challenging publication of the National Curriculum
Framework for School Education (NCFSE) by N.C.E.R.T. on the grounds
that there was no consultation with .Central Advisory Board of Education
H (CABE), that it wa~ unconstitutional and it has anti-secular features.
266
MS. ARUNA ROY v. U.0.l. 267
Dismissing the petition, the Court A
HELD: Per Shah, J. :

I.I. CABE is not constituted under any Act or Rules, hence not a
statutory body. However, it is not disputed that it continuously functioned
since 1935 to 1994. As per Resolution dated 10th April, 1986 issued by B
the Ministry of Human Resources Development (Deptt. of Education),
Government of India, CABE consists of 104 Members including ex-officio
members, members nominated by the Government and members elected
by the Parliament. The Resolution also requires that the Board would meet
at least once a year and there shall not be a gap of more than two years C
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. Subsequently, on 19th October,
1990, Government of India passed another Resolution reconstituting
CABE. From these two resolutions, it is apparent that the functions of
CABE are limited. It nowhere mandates that before framing national D
curriculum framework for school education, the Government shall consult
CABE and act as per its advice. Admittedly, CABE for one or the other
reason was not reconstituted since 1994 as neither the Government has
nominated the members nor the Parliament has elected members as
required by the 1990 Resolution. As per the Resolution, the tenure of office E
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. [277-G, H; 278-A, H; 279-A, B; F; 281-E[

1.2. The main function of CABE as per the resolutions is to review
the progress of education from time to time and to appraise the extent F
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 Ccntr11l Government and the State
Government for educational development in accordance with the G
Education Policy. Suo moto also, it can advise on any education question.
From the report of the Ministry of Human Resources Development, 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 education policies and programmes. H
Further, there is nothing on record to establish that in past approval of
268 SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.

A 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, educationists 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
B constituting CABE is to have interaction so that imparting of education
is helpful in national reconstruction and social cohesion. 1282-B, C; Fl

1.3. It is true that for coordination between the State and the Centre
in implementing the education policy, CABE had played an important role.
C But this would not mean that before framing such policy by an
independent body; namely, NCERT, CABE ought to have been
reconstituted and consulted. [284-A)

1.4. CABE is a non-statutory body constituted by the resolutions of
the Government of India from time to time though it is functioning since
D 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 NCERT is violative of any statutory provision or
rules. 1279-H; 280-A)

2.1. None can dispute that past five decades have witnessed constant
E erosion of the essential social, moral and spiritual values and increase in
cynicism .at all levels. People 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 n°or
F secularism. Bereft of moral values, secular society or democracy may not
survive. S.B. Chavan Committee was appointed by the Parliament to make
suggestions for value based education system and its report was placed
before the Parliament for discussion. As per the report, values are virtues
in an individuai 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
G where there is constant evaporation of social and moral values for getting
property, power or post, there cannot be a 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.
'·
1294-C, D, El

H 2.2. For controlling wild animal instinct in human beings and for
MS. ARUNA ROY v. U.0.1. 269
· having civilized cultural society, it appears that religions have come into A
existence. Religion is the foundation for value based survival of human
beings in a civilized society. The force and sanction behind civilized society
depends upon moral values. Philosophy of co-existence and how to co-exist
is thought over by the Saints all over the world which is revealed by
various philosophers. Co-existence, not only with human beings but also B
with all living beings on the earth, and discussed by Saints and leaders all
over the world which is reflected in religions. Such teachings cannot be
objected as it is neither violative of constitutional or legal rights nor it
offends moral values. 1294-E, F, GI

2.3. No one can dispute that truth (satya), righteous conduct C
(dharma), peace (shanti), love (prem) and non-violence (ahinsa) are the
core universal values accepted by all religions. S.B. Chavan 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 D
made aware that the basic concept behind every religion is common, only
the practices differ. If these recommendations made by the Committee arc
accepted by NCERT and are sought to be implemented by formulating
NCFSE, it cannot be stated that its action is arbitrary or unJ11stified.
(295-A, Bl E
2.4. The word 'religion' should not be mis1111derstood nor contention
could be raised that as it is used in the national policy of education,
secularism would be at peril. On the contrary, in a secularistic democracy
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 p
understanding of duties· towards the Society. Value based education is
likely to help the nation tu iight against all kinds of prevailing fanaticism,
ill-will, violence, dishonesty, corruption, exploitation and drug abuses. 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 G
secularism would not survive.

A.S. Narayana Deekshitu/u v. State of A.P. and Ors. 11996) 9 SCC 548;
Santosh Kumar and Ors. v. Secretary, Ministry of Human Resources
Deve,lopment and Anr., 119941 6 sec 5791 and S.R. Bommai v. Union of H
270 SUPREME COURT REPORTS [2002) SUPP. 2 S C.R.

A India, 119941 3 SCC 1, relied on. 1298-G, H; 299-A, B, C)
2.5. Knowledge of various religious philosophies is material for
bringing communal harmony as ignorance breeds hatred because of wrong
notions, assumption, preaching and propaganda by misguided interested
persons. Besides, the NCFSE would also be in consonance with the
B fundamental duties enshrined under Article SIA of the Constitution. May
be that basics of all religions may help in achieving the objects behind
fundamental duties. (295-C, D; 296-C(

2.6. Article 28 prohibits imparting of religious instructions in any
educational institution wholly maintained out of State funds. However, the
C entire emphasis of Article 28 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.
(299-G, H; 300-81
D
DAV College v. State of Punjab, (19711 2 SCC 269, distinguished.

3.t. The provisions of N.C.F.S.E. only enable Sanskrit language to
be taught to those students who wish to study it. Sanskrit is one of the
official languages of India. This Court has emphasized the importance of
E Sanskrit study and declared the omission of Sanskrit from CBSE syllabus
as unjustified. (301-E, Fl

Santosh Kumar and Ors. v. Secretary, Ministry of Human Resources
Development and Anr., (1994( 6 SCC 579(, relied on.

F 3.2. The question that NCFSE 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', 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. (303-A, B, C(
G
3.3. The challenge to N.C.F.S.E. on the grounds that it includes vedic
astrology, vedic mathematics, ·Hindu festivals being treated as National
festivals and that there has been distortion of version of history does not
deserve any consideration. Hence rejected. (302-F, G, H(

H Per Dharmadhikari, J. (Supplementing):
MS. AR UNA ROY v. U.0.1. 271
1.1. Secularism is the basic structure of the Constitution. Clause (I) A
of Article 28 prohibits imparting of 'religious instructions' in educational
institutions fully maintained out of State funds. The words "religious
instructions" have been held by this Court as not prohibiting education
of religions dissociated from "tenets, the rituals, observances, ceremonies
and modes of worship ofa particular sect or denomination". The academic B
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. 1304-H; 305-A, Bl

D.A. V. College v. State of Punjab, (19711 2 SCC 269, relied on.
1.2. Constitution is a permanent document framed by the people C
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 D
of its essential character. The Constitution was framed by its makers
keeping in view the situations and conditions prevailing at the time of its
making; but being a permanent document, it has been conceived in a
manner so as to ::pply 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 E
of the people in the course of working of the Constitution. 1313-E, Fl

1.3. The word "secularism" used in the preamble of the Constitution
is reflected in provisions contained in Articles 25 to 30 and Part IV A added
to the Constitution containing Article SIA prescribing fundamental duties
of the citizens. It has to be understood on the basis of more than 50 years F
experience of the working of the Constitution. The complete neutrality
to"ards religion and apathy for all kinds of religious teachings in
institutions of the State have not helpf:d in removing mutual
misunderstanding and intolerance inter se between sections of people of
different religions, faiths and beliefs. 'Secularism', therefore, is susceptible G
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. H
272 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A Based on such mutual understanding and respect for each other" religious
faith, mutual distrust and intolerance can gradually be eliminated. Study
of religions, therefore, in school education cannot be held to be an attempt
against the secular philosophy of the Constitution. 1313-H; 314-A-DI

1.4. Article 28(1) does not prohibit introduction of study of religions
B 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
C 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 Education 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
D decided to inake a shift in the educational policy in that direction, eminent
educationists, thinkers, philosophers 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. [315-B, C, DI

E 1.5. 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 contained in various
F religions. There is 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'. (305-B, C)

1.6. The study of religious pluralism can be articulated in generally
G 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
H as embodying different awarenesses of the one ultimate realitf. A wider
MS. ARUNA ROY v. U.0.1. 273
acceptance of a pluralist view of the religious life of humanity must involve A
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. 1310-A, B, q

Encyclopedia of Religion P.331-333, referred to.
B
1.7. Education in India which is to be governed by secular ethos
contained in its Con.stitution 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 C
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. (309-B, CJ

1.8. How best this religious pluralism to accord with 'secular D
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 E
required and nor can the Court assume such power to encroach on the
fieli; of preparation of an education policy by the State. 1310-G, H; 311-A)

1.9. 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 F
wholly maintained out of States funds. But Article 28(1) cannot be read
as prohibiting study ofdifferent religions existing in India and outside India •
. If that 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 G
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 no prohibited by the Constitution and the
constitutional provisions should no_t 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 H
274 SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.

A Article 28(1), which negates the fundamental right of a child or a person
to get education of different religions of the country and outside 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. 1311-C, D, El

B Constituent Assembly debate on Article 28, referred to.

2. 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
C 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
D inclinations. 1310-D, El

3. 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
E 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 educationists and academicians, to assist the
F Government in formulating a sound Education Policy for primary
education. 1317-B, Cl

4. The constitution and functions of NCERT as well as CABE are
not so clearly delineated as to put them in water tight compartments. In
evolving a National Policy on Education and based thereon a curriculum,
G 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
H nothing prevented it from expressing its opinion accordingly. It is
MS. ARUNA ROY v. U.0.1. 275
ultimately for the Parliament to take a decision on the National Education A
Policy one way or the other. It is not the province of the Court to decide
on the good or bad points of an Education Policy. The Court's limited
jurisdiction to intervene in implementation ofa policy is only if it is found
to be against any statute or the Constitution. There is nothing in the
Education Policy or the Curriculum which is against the Constitution. B
There is no ground to grant any relief as prayed for by the Petitioners.
The Union of India is directed 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.
1320-E, F, G, H; 321-A)

5. All bodies created by executive power of the State, are answerable
c
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 D
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 field of education or other fields runs
counter to the constitutional provisions or the philosophy behind those E
provisions, this Court must, as part of its constitutional duty, interdict such
policy. (321-B, C, D)

Per Sema, J. (Concurring, but with reservation as regards the view
relating to the role and functions of CABE):

I.I. While it is true that the CABE is a non-statutory body but one F
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.
Therefore, the importance of the role played by CABE cannot be side G
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.
(322-B, C, Df

1.2. It is now well-settled principle that past practices and H
276 SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.

A conventions form a precedent and followed unless decided otherwise. In
the case of CABE, the terms 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
B brought to the notice disbanding or discontinuing CABE. 1322-D, E)

2. it is true that continuance or discontinuance of such Board is
within the realm of the executive authority, but as long as it exists,
consultation with such body cannot be side-tracked. The Union of India
is, therefore, directed to consider the filling up the vacancies of the
C 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. 1323-B, CJ

D ORIGINAL CIVIL JURISDICTION : Writ Petition (Civil) No. 98 of
2002.

(Under Article 32 of the Constitution of India).

Harish N. Salve, Solicitor General, C.S.Vaidyanathan, Raju
E Ramachandran, Kapil Sibal (N.P.), P.P. Rao, P.S. Misra, Amarendra Sharan,
M.N. Krishnamani Hari Priya, K.V. Vijaykumar, K.C. Kaushik, Siddhartha
Choudhary, R.N. Poddar, C. Radhakrishna, B.V. Bairam Das, Ms. Meenakshi
Sakhardande, Ms Gayatri Goswami, Ms. Aparajitta Singh, K.C. Kaushik,
D.S. Mahra; Ms. Neelam Sharma, Tara Chandra Sharma, Ajay Sharma, Rupesh
Kumar, Rajeev Shanna, Ashok Kr. Pandey, G. Balajee, Chandra Shekhar
F Singh, J.S. Bhasin, Amit Kumar, Amit Tiwary, Vishnu Sharma, Tathagat, H.
Vardhan, Samir Ali Khan, Miss Deepa Raj, S. Pani, R.K. Singh, K.V. Mohan,
Sunil Kumar Jain, Vijay Hansaria, M.S. Rahi, J.K. Bhatia, M.P. Vinod, Deepal
Prakash, Nikhil Nayar and C.D. Singh for the appearing parties.

The Judgment of the Court was delivered by
G
SHAH, J. In this public interest litigation filed under Article 32 of the
Constitution of India, it has been mainly contended that the National
Curriculum Framework for School Education (hereinafter referred to as the
"NCFSE") published by National Council of Educational Research and
H Training (hereinafter referred to as "NCERT") is against the constitutional
MS. ARUNA ROY v. U.O.l. [SHAH, J.) 277

mandate, anti-secular, and without consultation with Central Advisory Board A
of Education (hereinafter referred to as "CABE") and, therefore, requires to
be set aside. Admittedly, CABE is in existence since 1935 and it is submitted
that uptil now before framing the new NCFSE. the CABE was always
.. consulted.

At the time of hearing of this matter, it was contended by Mr. C.S. B
Vaidyanathan, learned senior counsel for the petitioners that the issue involved

- is one of grave constitutional importance affecting the future of children and
in substance contentions are as under :

1. The respondents have not sought the approval of the Central
Advisory Board of to the National Curriculum Framework for C
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. D
The NCFSE and the Syllabus are also violative of the fundamental
right to education, fundamental right to developm~nt, 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.
E
Non-Consultation with CABE

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
F
• 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.

G
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. H
278 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A As per the Resolution dated I0th April, 1986 issued by the Ministry of
Human Resource Development (Department of Education), Government of
India, the functions of the CABE are as under :-

"I. The Central Advisory Board of Education was last constituted in
April 1982 and its term expired in September, 1985. In view of the
B 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 fonnulate the New Education Policy, it has been felt
c necessary to redefine the fimctions of CABE.

2. The revised functions of CABE would be:
(a) to review the progress of education ji·om time to time;
•
(b) to appraise the extent and manner in which the education policy
D
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-
E governmental agencies, for educational development in
accordance with the education policy; and
(d) to advise, suo moto, or on a reference made to it by the Central
Government or any State Government or by a Union Territory
Administration on any educational question.
F
3. For the discharge of these functions, the Board may (i) call for •
infonnation 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,
...
G research or reports on any specific issue requiring attention of the
Board or its committees or groups."

The composition of the Board is also provided therein.

As per the aforesaid Resolution, CABE consists of in all I 04 Members.
H Out of them, 64 members are ex-officio members; 32 are nominated by the .
MS. ARUNA ROY v. U.0.1. [SHAH, .1.) 279
Government and 8 members are elected by Parliament. The quorum provided A
for the meeting of the Board is 2/3rd of the total membership of the Board.
The Resolution also requires that 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. B
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 .
.
Subsequently, on 19th October, 1990, on the same line, the Government
of India passed the Resolution reconstituting CABE, which inter alia reads
thus:
c
"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. D
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 E
Governments and educationists and teachers, should increase their
interaction so that education becomes an instrument for national
reconstruction and social cohesion."

The remaining part, providing for functions and mode of its discharge, F
remains the same, as stated in the earlier resolution.

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 G
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.

Jn our view, this submission cannot be accepted. Firstly, it is to be H
280 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A 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 I935. 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.
B
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 others
C in July, 2001, i.e. prior to the finalisation of the NCFSE. Despite the same
the Government failed to r.econstitute the body and it now cannot state that
it hij5 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 CA BE was not sought as it has
D not yet been reconstituted. It is further submitted that the Programme of
Action 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:

E "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
meaningfu/. and important role in the implementation of the
F
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
G 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 NPEIPOA. "

It is also pointed out that the Report of the Ministry of Human Resource
H Development of 1990-92 on the Development of Education in India also
MS. ARUNA ROYv. U.0.1. [SHAH, J.) 281

notes the importance of the CABE. The relevant extract is as follows: A·
"1.12. Actions related to education at the national level including
planning and policy-making 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 B
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 C
Institute of Educational Planning and Administration, the
National Council of Educational Research and Training and
the University Grants Commission."
..
-
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 D
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.
E
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 F
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 dec·ided
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 G
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 CA BE was not
reconstituted since 1994.
H
282 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A The learned counsel for respondent also submitted that the 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.

However, as stated above the main function of the CABE as per the
B 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
C State Government for educational development in accordance with the
Education Policy. Suo moto 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.

Further, as per the relevant extract of the Report of the Ministry of
D 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
E 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
F of policies and programmes.

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 I 990 resolution constituting CABE inter a/ia takes note of the
fact that it is a matter of importance that Central Government, State
G Governments, educationists 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
H Chairpersonship of Acharya Ramamurti. Same is the position in the present
MS. ARUNA ROY v. U.0.1. [SHAH, J.] 283
case. The recommendations of S.B. Chavan Committee constituted by A
Parliament are accepted.

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 B
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.
c
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 D
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 Framework:

"The National Curriculum for the 10 Year School prepared by
the NCERT is recommended to the State Governments." E
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. Ifthere 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 F
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 co-ordination between Centre G
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 co-ordinator of
Centre and State in such National issues with serious federal implications. H
284 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A 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.

On behalf of respondent, it is also pointed out that NCERT is an
B autonomous body established by the Union Government as a vehicle to
promote inter alia the unifonnity of standards in education. The Memorandum
of Association ofNCERT, 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
C school education." The programmes and activities which the Council may
undertake include inter a/ia 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
D 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;
E
(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".

It is rightly pointr~d out that it is clear from a reading of the Memorandum
F of Association ofNCERT that the preparation of a curriculum model, which
could be followed generally to improve educational techniques and practices,
and which could also fonn 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
G Human Resource Development) is the ex-officio President, the Secretary of
the Union Ministry of Education (now HRD). the Chairman 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
H school teachers). In other words, the Council comprises a body which has the
MS. ARUNA ROY v. U.0.1. [SHAH, .I.] 285
highest representatives from the executive Government at the Union as well A
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 B
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
I 990 (by the Government resolution dated I 9th October I 990) is also chaired C
by the Union Minist~r 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.
D
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 E
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
4
repeatedly pointed out that NCERT also consists of experts in the field of
' education as well as ex-officio members. If tl1e constitution of NCERT and F
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
majm~. G
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.
H
286 SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.

A Violation of Article 28

Learned counsel for the petitioners vehemently objected and pointed
out that NCFSE pertaihing 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 ofNCFSE
B which reads thus:

1.4.7. Education for Value Development.

The past five decades afier independence have witnessed constant
erosion of the essential social, moral and spiritual values and an
C 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 towards the unity and int~gration of the people,
D 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
E 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-
F 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
G Curriculum for Elementmy 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
H system of India including the school environs.
MS. AR UNA ROY v. U.0.1. [SHAH . .I.) 287
The School Curriculu111 in 1988 was designed to enable the learner to A
acquire knowledge to develop concepts and inculcate values
co111111e11s11rate with the social, c11l111ral. economic and environmental
realities at the national and international levels. The social values
aimed at were fi"iendliness, cooperativeness, compassion, self-
discipline, courage, love for social justice, etc. Truth, righteous B
conduct, peace, love and non-violence are the core universal values
that can become the foundation for building the value-based education
progra111me as per the reco111111endations of the S.B. Chavan Co111111ittee
Report sub111itted to the Indian Parlia111ent in February, 1999. These
five universal values represent the five domains of the human
personality intellectual, physical, emotional, psychological and C
spiritual-are "correlated with the five 111ajor objectives of education,
namely knowledge, skill, balance, vision and identity." (81 st Report
on Value-Based Education presented to Rajya Sabha on 26th February,
1999, lte111 No.8).

Besides, curriculu111 in schools has to develop the key qualities like D
regularity and punctuality, cleanliness, self-control, industriousness,
sense of duty, desire to serve, responsibility, enterprise, creativity,
sensitivity to greater equality, ji-aternity democratic altitude and sense
of obligation to environmental protection.

Another significant factor that merits urgent allention now is religion. E
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 fro111 the pri111ary years. Students have to be given the
F
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
Cha van Co111111 ittee (1999) strongly urges education about religions
as an instru111ent of social cohesion and social and religious harmony. G
The UNESCO Department for lntercultural 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 H
288 SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.

A it is from early childhood that children should be introduced to the
discovery of "otherness", and to 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
intercultural and interreligious dialogue, through the adequate
pedagogical tools, is conceived as a means to foster reciprocal
B 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
c 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
D discrimination on the ground of any religion (Panthnirapekshata)."

From the aforesaid paragraph, it can be culled out:

(i) that the object for value based education is to have national .
fight against all kinds of fanaticism, ill-will, violence, dishonesty,
E 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;
F (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 non-
violence;
G (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
H minded perceptions are allowed to distort the real purpose of
MS. ARUNA ROY v. U.0.l. [SHAH, J.] 289
imparting education on religions; no righteous dogmas and A
superstitions should be promoted to propagate in the name of
education about religions.

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, B
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.

Contra, learned Solicitor General Shri Salve, submitted that for C
challenging the policy framed by NCERT, petitioners have picked up some
. sentences out of the context. This national curriculum is prepared 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 D
Committees, namely, the Radhakrishnan Commission (1948-49), Kothari
Commission (1964-66}, National Policy on E'.ducation (1986), Ramamurti
Committee (1990), Central Advisory Board of Education (CABE) Committee
on Policy (1992), Planning Commission Core Group on Value Orient_ation of
Education (1992), which have highlighted the urgent need for making the
educational system value-based. E
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 F
was asked to implement this report. It is submitted that some of the
recommendations in the curricul•m proposed by NCERT are virtual and
verbatim copy of the report of the S.B. Cha van 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 G
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.
H
290 SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.

A At this stage, we would quote the relevant part of the S.B. Chavan
Committee's report as under:

I. 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
B all times. Values are, in other words, virtues 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
C 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 We~tern 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
D 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 th~ 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,
E 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
F
( 1964-66), National Pol icy 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
G 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 co-ordinated effort on the part of all the implementing
agencies may be held responsible for this sort of affairs."
H
MS. AR UNA ROY v. U.0.1. [SHAR J.] 291

4. Against this background, the Committee decided to re-examine the A
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, B
which was subsequently re-constituted on 6th August; 1997. However,
as the work allocated to the Sub-Committee could not be completed
during the tenn of the previous main Committee, a new Sub-Committee
came into being on 6th August, 1998.

5. The Committee invited suggestions ji-0111 noted educationists on C
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 D
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 E
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. Bllt there are certain
common elements which unite the COllntry in its diversity. This country F
has a long tradition. Here ji-0111 ancient times, there have been great
saints and thinkers from different religions and sects who have talked
about so111e eternal values. These va/Z1es are to be inculcated by Ollr
yollng general ion.

7. In ancient times in Gurukuls, emphasis used to be primarily on G
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.
Jn other words, present day education is nothing but an information
transmission process. Our educational system aims at only information H
292 SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.

A 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
B 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
C (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 co-related with the five major
D
objectives of education, 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
E a very subtle way. If this seed is nurtured by the capable hands of
dedic!lted 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.

I 0. It is very essential that at the school level right from primary
F 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, nowadays, 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,
G 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
H handicapped, for the deprived sections of the society etc. Sincere ·
MS. ARUNA ROY v. U.0.1. [SHAH. J.] 293
belief in the dignity of labour is generally found to be lacking in our A
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, B
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.
c
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
D
to the university level. Students have to be made aware that the basic
concept behind every religion is common, only the practices differ.
Even ifthere are differences of opinion in certain areas, people have
to learn to co-exist and carry no hatred against any religion.

14. One should never forget that all the values are derived from
ultimate reality-supreme power or self-consciousness to which man
E
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 F
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 G
integration should be integrated into the syllabus.
38. With the advancement in information technology, audio-visual
media has dominated the information/knowledge system of our
r
country. Under the invasion of Western culture penetrating into India
through the media, the young are being literally moved away ji-0111 H
294 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A our age-old traditions and values. Any attempt to instil indigenous
.l.
values in students in schools, colleges are over-shadowed by the
over-whelming 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
B quality control of programmes under the control of private agencies
too.''

Undisputedly, the aforesaid S.B. Chavan Committee's report was placed
.
before the Parliament for discussion. None can also dispute that past five
C 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
D survive. As observed by the Committee, values are virtues i:i 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
E grown up person would fight against all kinds of fanaticism, ill will, violence,
dishonesty, corruption and exploitation? Answer would obviously be 'yes'.

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
F in a civilized society. The force and sanction behind civilized society depends
upon moral values. Philosophy of co-existence and how to co-exist is thought
over by the Saints all over the world which is revealed by various philosophers.
How to co-exist, 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
G 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 bentfited
H by the views of eminent experts/NGOs doing pioneering work in this area.
MS. ARUNA ROY v. U.0.1. [SHAH. J.] 295
Further, no one can dispute that truth (satya), righteous conduct (dharma), A
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 misund~rstood 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 B
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.

Further, it appears to be totally wrong presumption and contention that C
knowledge of different religions would bring disharmony in the society. On
the contrary, knowledge of various religious philosophies is material for
_, bringing communal harmony as ignorance breeds hatred because of wrong
notions, assumption, preaching and propaganda by misguided interested
persons.
D
The NCFSE would also be in consonance with th~ fundamental duties
enshrined under Article 51 A of the Constitution, which inter a/ia provides as
under:

"'5/A. Fundamental duties. It shall be the duty of every citizen of
India: E
(a) (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 F
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 G
creatures;

(h)

(i) to safeguard public property and to abjure violence;

(j )" H
296 SUPREME COU1, .cPORTS [2002] SUPP. 2 S.C.R.

A 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 objector 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
B people of India believing in different religions? It appears that we have not
taken necessary steps for such a purpose. Similarly, uptil 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.
C 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.

In A.S. Narayana Deekshitulu v. State of A.P. and Ors. [1996] 9 SCC
548], in a concurring judgment Justice Hansaria aptly pointed out difference
between 'religion' and 'dharma' and observed thus:-
D
"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
E 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
F progress of humankind. Whatever conduces to the fulfilment of
these objects is Dharma; that is definite."
(This is the English translation of the verse as finding place in the
aforesaid Convocation Address by Dr. Shankar Dayal Sharma)

G 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 (he prevails over a wrongdoer) with the help of
H the King. So what is called dharma is really truth. Therefore
MS. ARUNA ROY v. U.0.1. [SHAH, J] 297
people say about a man who declares the truth that he is declaring A
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)
B
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.
c
146. In Verse 9 of Chapter 5 in the Ashrama Yasika 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 D
ethical imperatives of dharma, and exemplified the ancient dictum:
' «<IT ~ -;;r:i:" (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 E
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? F
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 G
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." H
298 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A 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. Secret my, Ministry of
Human Resources Development and Anr. (1994) 6 SCC 579, the Court
negatived the contention that teaching of Sanskrit language as an elective
B subject would act against secularism as accepted by nine-Judge Bench of this
Court in S.R. Bommai v. Union of India, [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
c some of the learned Judges said in this regard. Sa want, 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
Lectures, 1965. One of the observations made by Setalvad was that
a secular State is not hostile to religion but holds itself neutral in
D 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
E survival itself.

17. 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
F
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
G Challenges edited by Shri MM Sankhdhar.)

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, ~ecularism would be at peril. On the contrary, let us have a
secularistic democracy whe;-e even a very weak man hopes to prevail over a
H very strong man (having post, power or property) on the strength of rule of
MS. ARUNA ROY v. U.0.1. [SHAH, J.) 299
law by proper understanding of duties towards the Society. Value based A
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 B
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 C
tenets of all religions over the world are learnt, it cannot be said that secularism
would not survive.

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 D
to Article 28:

"28. Freedom as to attendance at religious instruction or religious
worship in certain educational institutions. (I) No religious instruction
shall be provided in any educational institution wholly maintained
out of State funds. E
(2) Nothing in clause ( 1) shall apply to an educational institution
which is administered by the State but has been .established under any
endowment or trust which requires that religious instruction shall be
imparted in such institution.
F
(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, G
if such person is a minor, his guardian has given his consent thereto."

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 H
300 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A religious instruction shall be imparted in such institution.
Further, no person attending any educational institution recognised by
the State or receiving aid out of State funds cou Id be compelled to take pa11
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
B 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, [1971] 2 SCC 269 the constitutional validity of
C 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
D 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
E 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
F 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."
G
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 gi\'.en. We think that such a
contention is too remote and divorced from the object of the provision.
H Religious instruction is that which is imparted for inculcating the
MS. ARUNA ROY v. U.0.1. [SHAH. J.] 301
tenets, the rituals, the observances, ceremonies and modes of worship A
of a particular sect or denomination. To provide for academic study
of life and teaching or the philosophy and culture of any great sai/1/
of India in relation to or the impact on the Indian and world
cirili:z:ations cannot be considered as making provision for religious
instructions. "
B
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 C
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
D
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 E
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
addirional 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 Sa/1/osh Kumar's case (Supra), wherein this Court has emphasized the F
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
G
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 H
302 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A 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
B the official education policy has highlighted the need of study of
Sanskrit, making of Sanskrit alone as an elective subject, while not
1
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."

C B. Regarding Vedic Astrology
It is pointed out that what has been mentioned in the curriculum is
'astronomy' and not 'vedic astrology'. Astronomy is welllnown science and
different from vedic astrology.

D C. Regarding Vedic Mathematics
It is submitted that there is no question of imposition of vedic
mathematics. It has not been made part of the curriculum but suggested as
a computational aid. In teaching mathematics, the teachers are free to merely
E 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 ofreligion
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
F 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
G 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
H against Britishers conquered the country."
MS. ARUNA ROY v. U.0.1. [SHAH. J.] 303
·' .
The aforesaid submission does not deserve any consideration hence A
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 student~ into 'gifted' and otherwise for separate
treatment only on the basis of'spiritual quotients' and 'intelligence quotients'. B
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.

The aforesaid question cannot be decided in a writ petition under Article C
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
U.S.A. should be followed or not.

Non-Consultation with CABE
D
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;
E
(b) There is nothing in the resolution passed by the Government
constituting the CABE in 1986 and 1990 that CABE is required
to be consulted before framing NCFSE. Functions of the CABE
are mainly to advise the Government and co-ordinate between
the Centre and State in implementing the National Education
Policy. F
(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 G
compact Board as suggested by the Prime Minister which is
evident from the letter dated 12th February, 1997 written by the
Deputy Secretary, Government of India, for reconstitution of
CABE.

(d) NCERT is constituted under the Rules. It also consists of ex- H
304 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A officio members as well as representatives of Parliament and
experts in the education.

Violation of Article 28

The· NCFSE nowhere talks of imparting religious instructions as
B 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
C about religions. What is sought to be imparted is incorporated in Article
51(A)(e), which provides "to promote hannony 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
D conduct, peace, love and non-violence be the foundation of education.

In the result, this petition is dismissed with no order as to costs. Interim
relief granted by this Court stands vacated. !As seeking intervention in this
matter stand disposed of accordingly.

E D.M. DHARMADHIKARI, J. I have carefully gone through the erudite
and well considered opinion of learned Brother M.B. Shah J. I am in respectful
agreement with his conclusion but I would like to add my own reasons. I am
in agreement with the view that education of religions can be imparted even
in 'educational institutions' fully maintained out of State funds. But the
education on religion which can be allowed to be imparted in .'educational
F institutions fully mai.ntained 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,
G therefore, found it necessary to give my own opinion on the important issues
raised on behalf of the petitioners questioning intr~duction 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.

H Secularism is the basic structure of the Constitution. Clause (1) of
MS. ARUNA ROY v. U.0.1. [D.M. DHARMADHIKARI, J.] 305
Article 28 prohibits imparting of 'religious instructions' in educational A
institutions fully maintained out of State funds. The case of D.A. V. College
v. State of Pzmjab, [1971) 2 SCC 269 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 B
Ma'frabir was held to be not prohibited by Article 28 (I) of the Constitution.

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 C
teaching of philosophies of religions with more emphasis on study of essential
moral and spiritual thoughts 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'. D
The English word 'religion' does not fully convey the Indian concept
of religion. Hindus believe in Vedas. The word 'l)harma' 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 E
human virtues. This is what Hindu c:.al Sana/an 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 whiel 1the life will not survive. Rig Veda describes
Dharma as Athodharmani Dharayan. In th~s concept of religion or Dharma, p
different faiths, sects and schools of thbughts 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 G
. 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 H
306 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A 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'
B 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 inquisitiveness and free thinking
C 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 :

D "What we call religion is merely organised belief, with its dogmas,
rituals, mysteries and superstitious. Each religion has its own sacred
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
E 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.
F 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 child is impossible; but
G 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 life.

Religious education, therefore, even if permitted to be imparted should
H consist of "understanding the child as he is without imposing upon him an
MS. ARUNA ROY v. U.0.1. [D.M. DHARMADHIKARI. J.] 307

ideal of what we think he should be". Howsoever highly educated, one may A
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.

"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 B
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".

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 C
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 D
everyday action that there can be intelligence and inward transformation.

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, E
society soon decays. {Source : 'Education and the Significance of Life' by J.
Krishnamurti)

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 F
religious education in pluralistic society wedded to secularism. He finds the
best co-ordinating formula on study of religions in 'Vedas'. He quotes the
following lines of Rig Vedas 'Ekam Sat Vipra Bahuda Vadanti'. Truth
everywhere is same; the. devotees worship it in different forms. The other
meaning of this Sanskrit couplet is "the thought of truth everywhere is the G
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 H
308 SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.

A of people who are following them. The common factor of all these thoughts
should be understood as the ultimate truth. lfwe 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
B one "religious faith towards people of another religious faith.

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. As a result, composite culture gradually developed
C 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.

In a pluralistic society like India which accepts secularism as the basic
ideology to govern its secular activities, education can include study based
D on the 'religious pluralism'. 'Religious pluralism' is opposed to exclusivism
and encourages inclusivism. ·

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
E '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 nu/la salus
('outside the church, no salvation).

Muslims similarly believe that there is only one God and His one
F messenger 'the Prophet'. Jews cherish their ethnically exclusive identity as
God's chosen people.

Hindus revere Vedas as eternal and absolute and Buddhists have often
seen Gautama's teachings as the Dharma that alone can liberate human beings
from illusion and misery.
G
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.

The comprehensive approach to religion which should be inculcated in
H a society comprising people of different religions and faiths is described as
MS. ARUNA ROY v. U.0.1. [D.M. DHAR~ADHIKARI. J.) 309

inclusivism. In explicit pluralism, the view accepted is that the great world A
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.

Education in India which b to be governed by secular ethos contained B
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 C
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.

Such religious education permitting 'religious pluralism' having
emphasis on inclusivism in religious education instead of allowing exclusivism D
can be demonstrated by giving instances.

There can be found instances of religious v1s1on capable of either
inclusivist or pluralist development within each of the word religion although
they may not constitute a central thing.
E
For instances, in the New Testament, it is written that Logos, which
became incarnates Jesus Christ, was "the light that lightens every man".

In the Hindu Bhagavadgita the Lord says, "However men may approach
me, even 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 F
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] G
Of God For God is all pervading,
All knowing.

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 H
310 SUPREME COURT REPORTS (2002) SUPP. 2 S.C.R.

A beyond".

The study ofreligious 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
B 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
awareness of the one ultimate reality. A wider acceptance of a pluralist view
of the religious life of humanity must involve developments in the self-
C 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"
p.331-333}

D 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
E 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
F 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.
G 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 academickms and ·
educationists. Their involvement with all dignitaries and with other experts
H in related fields is necessary. This exercise has to be undertaken by the
MS. ARUNA ROY v. U.0.1. [D.M. DHARMADHIKARL .I.) 311

Government for which any direction from the court is neither required and A
nor can the court assume such power to encroach on the field of' preparation
of an educational policy by the State.

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 ofNCERT should be open to B
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.

The expression 'religious instructions' used in Article 28 (I) has a
restricted meaning. It conveys that teaching of customs, ways of worships, C
practices or rituals cannot be allowed in educational institutions wholly
maintained out of States funds. But Article 28 (I) cannot be read as prohibiting
study ofdifferent religions existing in India and outside India. If that prohibition
is read with the words "religious instructions", study of philosophy which is
necessarily based on study of religions would be impermissible. That would D
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 E
interpretation of Article 28( I), which negates the fundamental right of a child
or a person to get education of different religions of the country and outside
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. F
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 :-
G
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. H
312 SUPRBl\1E COURT REPORTS (2002] SUPP. 2 S.C.R.

A You provide in article 22( I) 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 of 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.
B
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.

P~ndit La~shmi Kanta \"aitra : Ta~e for. instance .the teaching of
c Gita, Upamshads, the Vedas and things like that m 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,
D 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.

Mr. Vice-President : May I interpose for one minute? As Inspector
E 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.
F Pandit Lakshmi Kanta Maitra : My point is, this. It is not a question
of research. It is a mere instruction in religion or religious branches
of study.
I ask whether lecturing on Gita and Upanishads would be considered
a· 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 ..

H Shri H.V. Karnath : On a point of clarification, does my friend Dr.
MS. ARUNA ROY v. U.0.1. [D.M. DHARMADHIKARI, J.] 313

Ambedkar contend that in schools run by a community exclusively A
for pupils of that community only, religious education should not be
compulsory?

The Hon'ble Dr. 8.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 community will not have the right to make it compulsory B
for children of communities which do not belong to the community
which runs the school.

Prof. 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
c
the matter comes up before them.
'.
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 D
instruction" as mentioned in Clauses (1),(2) & (3) of Article 28 and "study
of religions" or "religious education" as a philosophical study.

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 E
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
F
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.
G
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.

The word "secularism" used in the preamble of the Constitution is H
314 SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.

· A reflected in ·provi~ions, ~ontained in Articles 25 to 30 and Part IV A added to
the Constitution containing A:rticle 51A prescribi11g 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
B 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 ofreligious
differences. 'Secularism' can be practised by adopting a complete neutral
C 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.

D Study of religions, therefore, in school education cannot be held to be
an attempt against the secular philosophy of the Constitution.

The real meaning of secularism in the language of Gandhi is Sarva-
Dharma-Samabhav meaning equal treatment and respect for all religions,
E 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
F 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 life time, their essence in the form of different books. He
has very strongly recommended that the essence of various religions, which
G he published in book forms like Quran Saar, Khista Dharma-Saar, Bhagwat
Dharma-Saar, Manushasanam 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,
H we should not keep ourselves aloof from such great treasures of knowledge
MS. ARUNA ROY v. U.0.1. [D.M. DHARMADHIKARI. J.] · 315

which have been left behind by sages, saints and seers. How can we develop A
cultured human-beings of moral character without teaching them from
childhood the fundamental human and spiritual values. (.See Vinoba Sahitya,
Vo/.17, pg. 44-49 and 67).

Article 28(1 ), therefore, does not prohibit introduction of study of
religions in the State educational institutions including those wholly or partly B
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 C
disturbances have impeded the growth of this nation and its attempt towards
progress. After National Education Policy of I986, 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 ed1.:cationalists, thinkers, D
philosophers 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 E
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 F
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 G
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 H
316 SUPREME COURT REPORTS [2002] SUPP. 2 S.C.R.

A 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.

B 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
c 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
D offaiths 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
E 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
F 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
G 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 an attitude of respect and reverence towards them
all. This of course presupposes regard for one's own religion. Study
and appreciation of other religions need not cause a weakening of
H that regard; it should mean extension of that regard to other religions.
MS. ARUNA ROY v. U.0.1. ~D.M. DHARMADHIKARL J.] 317

In this respect religion stands on the same footing as culture. Just as A
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)."

Democracy cannot survive and Constitution cannot work unless Indian B
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 C
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 D
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 E
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. F
172).

Bertrand Russell, 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 G
schools which are run and maint~ined by religious sects may indoctrinate
children to mould them to their thought and belief and that would certainly
be hannful. 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 H
318 SUPREME COURT REPORTS,{2002] SUPP. 2 S.C.R.

A that is negativ~. approach.to religions:1:(See B_ei:trand Ru$sell. "Principles of
Social Rec.onstr:uction''. pp. .105,/06).• .,. ". ""' •,, ·'"\JE,"',·"''l
'<j"f .j{J ~I : . :( JI''. , f!f<lh11P'H -~} H·/r;:,i !:,.'fl _i,.(l~.'1
Pt. Jawa.~arla.1 .Ne~r!I E~1 p,'J!p, Pr .. ~· ,Raqh!\\<ri.sh9,~~ a~d Dr. Zakir
Hussain, Ex-Presidents of India were also strongly , . ,
of. tl)e ···".JI•'
_t -
vie»' that in the l

march of human philosophy only science and spirituality will be the two
B greatest primary forces-which will keep1human-beings:in ·best state ·of existence.
The opinion of Dr. S. Radhakrish!lail1on <education·!is thus::-.,, 'n '-"';
f"·rr;ud hJ _, 1.: 1 .1.: Ht::;L·• 1r!i .Jr:! ·yf1d1~11 ~.:.:;
"The end of education, as, 1 ~,1:ivi~ag1~)~Y, ~~~~akrip,~!1a.~ri.i~ .~elf
knowledge. Though man is a-comr,~~it~ ,of. b9,9y, ·!11111~..an~;~pir!\, he
has to live by what is the high~st in,,~i~,,which ]~ i~~,spi~i}.a.l!d, the
c latter 'should not degenerate into -inf~!l~ct,~~~(~r,~!11~., 'ti~ t~~ wirit
which is the source of all achieve111enf? ,s~~F.i,".ity11,(t,~eJ!p~·,and
discipline." (See : The Social and P,of{tjpql,.J:&?Jlft~IJ?f/JJ; S.
Radhakrishnan by Clarissa Rodrigues, p. llfJ.: Lli>" · "" '· ,,,11

The greatest secular personality of this country;;(~it·'firim~ 1 'Mirllster
D . . t·.,, t' _.ff .. ·:~ 'll I , I.'
Jawaharlal Nehru has expressed following thoughts :- ._ . _
•,\ \ P1 /l:';,·:1:-·HJi

" ....... All education must have a definite social outlook'antl m•ustfrain
our youth for the kind of society we wish to have. Politieiartsc1inay
strive for political and economic changes in order to bring that Society
into existence, but the real basis of that society must be laiil 'ill the
E
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."

F "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 particu_lar way, but rather that they should develop, apart from
G 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.
H
11 lf ·: "i' >r~S. Af!.UNAROY<>·. U,OJ.(D.l'yl, DHA.RMADHIKARI, J.] 11;::319
·,
tr.'J:f1tn_.10Aggarwal)r .:·.11!:· · -.r;b'•· .-..:; ·;,·;1_L .. i 1 :;1·~H n,·~(11_..-:·,,,:1·,;,:.::d1'I· /\A
!J~jsl~ :'.i.:;'..)i:c.r!ni ·, ··,.. . '· 5;~ -u.i 1 . · l ·r~rnt n1f' r.)·_ t. · _,,:; ··_JD; .-1L __ ,,!
l . ·:. :!!" ·:

1110 ,1 , ,,,s,}Y,~-~i;ii" ~~~g~~at~?~~ry~a qf ,Ra1m1kris~na ,\vi i~~!qn 1 ,i,n ,t[1~,b?o~ 1 ;'£.1fiq10/
·, Valuesfor
'•ld i;q •,.
.a Changing
i>d;, !/1111
Society, Vol 3: Education for Human Excellence",
:. ,•; : ._~1··'~1·1_. • ;t.,. ~;-.",i~· • ~J', Jlo··i · .; ··; ·,..~:·.:,. n~.;r·_~·:rr
has .~·,.;~ji;:_.;;
identified six objectives.
:~;flf1: 1 ; __ f'r-··1;
which should
,;, -~-j
be achieved
.1~ . .;., ·; "·-Ll ,. ,;
•11;
by,.,·~:education.
1·.,;i •.-•
The
··,, .' t> 1 o(b:

following objectives which have been culled fully accord with the
J;;nCOl)~titptiQl)al ,phHosoP;hx:-,t •'1•:·" , .. ,,,,, ..::; 1c: u .• li.).·· ci·,•,il · 1;d cf• f.'B
•!

nqi :ioi·;i (i'..r;j'qT~ett;~irlri·~i"'Or 1o:u·;,:~niid~gril 1 f~~ ail.-~bPrJ~iati<'.>ri ·(·bf :gGt' ·1 ri~h6n·'s
11 1

u Ht"' w;m '''. ~ti
11 11
ti~Htk~~ ~rid 'id equi~'
liii'M itielri
Wiili 't~~· d.esli~'ari&. tll~'b~p~tity
gnJet!G•ii: ·y~.:; 1 ~7o l~hah1~z'H~je
1
·'ia'Me ~na~1ei.ve·'t16 1 PO~t~iify:,~.JriC't1~~¥ 1 iJg~cy~.:
.2·:,;:iu<l:.'b uns ~;.>l.it;; .?..J;:_.',~"Jlr:o .. c:itPJ1 ......~:~,~~, ~ ~.JLP! ·"inn ioa (.·:d .llLH!1i·-n1r.1 :.i1n
ui:ifo:• ,.,, 21i,; !The ctraihing·,or.out· children.. in· talents-andccapacities,by which \ C
;mdrt"Jm All !' ,t~ey,:becomeq'.lrodu~ctivei units of society .and' tile ,:sour:CC!;Qf itsJ
rn~>.1ft to ')f~~j ;!·_..ecanOll);ic!strength: :::in .. '.':;" ...· 1.1_:} h .·de :,id ;r1n hJ ".,:: i(L".:J lo
_j

1
hnn. ·•
01
'' 3? v th~ ~~ui~meHt Ht''~M' c1Wtdf~n W\ih tlie'.'<iualities or~bh~a~t~nd
1

W'.l!f lu ~~· r,rl~i;fo\i't'o pr8tect otl~ rt~\'V1y\Vo!1'nati6ri~I fr~~doin!:to'~r~s~rve its
1
' " <J iw~ n;·~,' ';de~~1trkfi2"~ii1u'ctlite'i t'dncti'on,' artcf1llbertieli; '-'a'.nd 't0)Sar'r)11'1he ,
or!'' /m~t· 01 ' ~~Irie', tg·~vMf' ~iHet''fi~tJs: anil .'e~~VHi~l1eriie~els.:"1 ;'" im: ti D w'.
1:..<~1to1Jitr11.iup ";t:__:.u-.=• .'l:?V n bnG r;n,;.".'.·-·? .;;t??:.:ti;;:Jr. -·;;;.tJ b·,,.ru,J." 1b;,·;;!,.~ ':.r·n:o
!1.1101 IL; A.1 rlJ[f,he(rrain\ng-pf ,11ui: ·phil9.ren_ 1n1x.ir:t"!es.pnd1grn~.~; t~a.t;\\lil.bm11ke
t1.uo 1 ;:irlt 1mll thi:im,,emotj911_ally .§ta!>l_1t,indjv~.<!u!l!u11l<l,~nabl\lflth.l(!Jl·I.!? 1 lir~ in
muluJ1 niO 11;npe!IC\!,tharm0ny;,;'!ncl ~~"oper11tion ,\\l_ith,~b~jriifellp~ ,ci,~i~!)s~
.rbmM '<ls'.'~ 1 'tl{~ 1 Wai1fi~~ -~t' &UP'childreH iii'vittuefluil:t 'gra~~s· tlilitwill rifake1 E
'" ·:wn .:ia 1,·,1hem1 iht~rn~tib1\ai''iii''th~irn;udS01<'1and ·syifipathi~s; 'iincf '~H~ble
io
T~ J)~~ lo 'fl 0 th~lW "IiVe 1 'in'· peact h~rnforiY, rahd'co!cijier'~ti6ri with 11 the
bnii :.JN ~ru::ttJd1effief~liigsw~at1tl-~:f·Oiiilfihfiit)i. t Jf(...,'f.·l11 . ~1 .;:• t.1~ n:;·1i,~'· ~.;<.lr; :::1h
1uq O) ?..G b'J!L:tnd-;;h 1~1t~IJ ~>.~Jon :.··ti ,;:-,ilnAJ 0111 ·'.1!h ~o ,..n•··iYr11.t ·.. r~.i ;g:i!
w ,;!l;~ubJ ~n cJlhe11rn\n.\11g,of ~µr,~~ilsJrnn t<?;llr:t.<!!.Yf)r~!l~~.spf t~.I!. ,S.P,iJitH~L,and
,-i'.)irn•iq :'.!..:ibm!fa"-:sr,~r~:\\1!1 d.LIP;\!.IJ!lj<,>Q pf th~1,~;l~!n.l1J11,P,~r,~qJ1.\l;li~Y,21~Y~.nl!> al F
li;'tcHrsi-1 '}rh rir::.~U'fJ~.rg/9g1 ,li.fe_,~n~~~Y~!i:; iIJr~~~ ·:r~~}~µ,tjq~: 9f1Jh;~'.,]fa~f;Jn !1and
!r.r;-oiji;Jr;.:•~u) c ~~.ro,4g~)Jt(~ ~~d;~~-~:i:o.n; ,t'j Jc-nt;i;.:.; HtnLrn no.) ~,~-f~ bHf, ·-;H!n{f
b:.;ioiqqr, t.7>,•i lYJi:'is\iriif tllris'tnaFO\Jrl~diicati0'1FWill' 6edJlhJ 'ii fit'"disctpline to
·1i bar: nu~)!-'!hEliY !O"'c'brlti'iilieldJe"marcJ\ 'offtne'•rii'dian'·h'aditi'3n<,.trorif an
Ji b 51 n~if''nq !l'irripfi:ssivb'··p'asfth 'a·~gloi'i6us'futlire."'t:>Jhirr ~m; ;er: :JHA'.; ') G
' ' 'I :;rl f ·10;_' ~ l ~hHn•J- Iu l:i. .t I { Ign1u·H1TJ;J nn1n1•tn
oJ Jn~rnt.iH1S · ~~11· ~-:ni?;,J-iq,.i;"
· u~u1! r
.oi 11 1~fl?As1 ppinte~_,put,;!>y !i;11r.rred,co!!•md OIJ:~4')lalf of;pe.tit!o11e,rs,jf,!h.e.rn,are
ns 11erta,~,o(fend.ing. po.i:\i!?ns-in t!ie c1Jrriculum,,;w)ljcl\.!1re ,l.Jothistqrifa!ly cqrrect
n1 Qh)l!ls,1ari~n<.l.e11cy: to: ,mi ~tepr.e~el)t;i $UppresJ>·:or'..projei,;t, a ,)VfOl)g, ,j1,1f9!11wtjon,
10 J\w)'.;~a(IJ:ie.<rem,?.Ve,d;. if:hsi.r!~a.rtied; S0lic!t9r<fJ~er~/ ,(,m, be.1\\1){; of1th,e,.,t,Jnion
·w ~f,Jp~i~ ..al!_d.tl\e &c:JLI!lsel:i!P.Peilring,fq~iNGER'.f chilye y11ry f~n.d:id:ly,~t_\lt(:_d;~h!\11 H
320 SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.

A 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 frolJI
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.

B 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 lie 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,
C but also elicited opinions not only of members ofNCERT, 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 i's after long deliberations, discussions and exchange of views
that the curriculum has been finalised. It is submitted that any restraint puts
D on introduction of curriculum could harm the interest of the students, who
have already started their academic session 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
E on certain subjects as mentioned in the Order of this Court dated I st 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 compartments. In evolving a National Policy on Education
F 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
G 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
H the Constitution. We have not found anything in the Educational Policy or
MS. ARUNA ROY v. U.0.1. [H.K. SEMA,.J.) 321
the Curriculum which is against the Constitution. We have found no ground A
. 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.

All bodies created by executive power of the State, are answerable to B
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 C
• practice or tradition fo_llowed 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 field of c;ducation
or other fields runs counter to the constitutional provisions or the philosophy
behind t~ose provisions, this court must, as part of its constitutional duty,
interdict such policy. D
For the reasons given above, we do not find that the National Education
Policy 2002 runs counter to the concept of secularism.

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· E
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 F
orders as to costs.

H.K. SEMA, J. I had the privilege of reading the draft judgments
prepared by my learned brothers Shah, J. and Dharrnadhikari(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 G
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.

The view of Justice Shah on the role and functions of CABE at page
7 of the judgment reads thus: H
322 '._r. : • SUPREMB:.COURT REPORTS [2002] SUPP. 2 S.C.R.

AA tn,'""'' 1Hlri-uur'view,1 this submission cannot be accepted.' Firstly, it"iS told
· . · be •rleiierated that CABE is a non-statutory body collstituted by the ~,,
-., ''resolutions from ·time to time. It"is• true•that it -is functioning· since'1l•
,, ·-· -•llH?'. ·However; iif being.-constituted by exercise -of the Execiltivein.
function of the Government, it cannot be· Ile Id that as die CABE is not w
consulted, the policy laid down by the NCERT is violative of any
B" {,l
<-' .. statlifory prbvisioh or rules.'; /, ' .-ri ' ,, - - '.. .• -'
t, · .. ;UI :-- .i : ,' ,; " . .- . ' .! .• ,,._ 1, ·.J~'-(

i While, it is true that the CABE· is non•statutory body but one cannot-I:, a
overlook•the'. fact that it has been iii ·existence since· 1935. Ji has also' beeii •W
accepted ilS'.iui effective -instrument ·of meaningful partnership between the nn
C : ~tates ·and 1the :Centre; ·particularly at evolving 1 'a'con~ensus cin ·the! major·1'-
policy1issues"fa the field ofhurrtan'resource developn'lerit1l am, the'refore;-of•"' .
the- view tliat the importance of the rolefplayed by CABE '\:-annot the -side :1•'
tracked on'4ne plea that th'e body is 'non-statutory, particularly when ifhas1ni
been:·pJayiiig'an important· role ill -the ·past for·evolving•a cclnseri·suS"ori 'tlie lt•
major policy•decisions involving national policy on educatioh: 1 ,,- ' t-m 1'lrl
D (j «.11,f. 1 , d ,_, .. : .)L·r··tnl
It is now well-settled principle that past practices and conventions fonn
a precedertt'arid 'followed unless decided 'otherwise. In the 'case bf tA'BE, the
tenns of nominated members·i~ only for three yeats'but foi-ex!offibo n\~inbers 11l!
there is no fixed term
,':1"'·-n·.) _,ij;7
of office. This would mean
u.~
.: ,.,_._,: ..... ··:; . • ·; ·, ., . .
that,·,,.//
the existence of-the ~'. '11•"1!"1~ 1t.1~''"j

E -Board," assuch,:is in perpetuity. This would also be clearly_ indicatiye c_>f.the •
i~~~~~~l;:rf ~~e]!l;ar~:·''~?' ~esolu,ti~,j"~;s b~~~1',',bro.~~-i" t~')uf';~pti~~;;;~
1

d1sbandmg ·or -d1scontinumg CABE. The only document, which has been .
ll ri• , ..·11U•ii·1·; !• • ,._. 1. ;c r"1- _;t ·- ~t,- .. , ~';'. ;n' !Li -•I.···1
i . 1.A~,:,;.•'. ftt
•

brouglit to our riotjce is 'the letter dated 12th febru<1ry, 1997 written by the
!.·!<1.,.·;T •5·j·,•J1J -'v'I ,~j •.•. , , ·_ , - ''•·;: i'f}.\·•!.·:'~Hi-•t<·1~_,111~1Gq
Deputy Secretary, Cabmet Secretariat, addressed to the Mm1stry of Human
f'.1JH!·~ .•• :1·1;'. .r(:' :.~'...- .. _.. ;ii.·.,1~;.··'-J··· - : .... -~··.i'i ' · ' ' ij·.··"·,1. ·.,,. :on
Resource Development, refemng to its letter dated_ 2nd January, 1997,,l!Dd
,,ti ·•·:'~'J"' -·_{(-• --~---•·'- ..t•''. 1'l'll \ - ; · ' : . P i. •
·f'.,, ,.! ' • , ,..,p f[J.,
F saymg that"tbe Prime Minister has felfthat the proposed Board i~,t?~ ~~wiel~,);i:JIP
and desired to know whether there could be a compact Bo<1rd. Thereafter, the
matter <1ppe<1rs.10
. •• · . , . . . qi.J\ ·
have, not been ,pursued further.
1 ·,) .,,; , J I I • • -4 · ·
,' -
·. .,;
l ' ii; .-k. I-! p J • •

(:.:.1.11 .. ~ 10''' I • 1t~ ..~\ .• t.:,;A ;_ '. i:. Jf' : ·' "::·~,.pt, d l.(1 1 .• . ,1_,,:-... ,·1t;
1
fn,-~Y.J~ie;.v,,,~\~e S}~pp~ng ,of such ary, importap,t _Ad_yi~ory B<?i)f~,il_,5- 11 ,
G .<(A~E,,p.n 1t~1~ ~le,~ q~ l)pry;rec.onstitutio,9, of 99rpipateq ip._e91-b,er.s is_n~f J?~~perJ , :;t
1
Therei)tY~!Jl\n,ot,~e.r,.r~a~_OI) a~ t? 'rhY r.?nsultation ~f the j3,?a!:d, IS ,hrg~ly, I•
essential
"i!;
in issues
i•ili
like relating to the State and Central coordination .in evolving, 11;
-I'~!·( it' .'-. !• _, .~ ., . '"·'• .. ' . ''· ·•"•'•• 1 .~ I " . •"' ' I•

a national,~~~s~n~~s pert~inirg to nation~! p9l,icy on..~ducaHqlJ ~hich r,eq~ire 1 t-
implementation in all the States, as the education has now been brought to
the Con,c11rr!JQLList by .the. 42nd amendment to the Constitution. This would
H jqispel the lurking suspicion in the minds of the people and also to project.the 1'
MS. ARUNA ROY v. U.0.1. [H.K. SEMA, J.] 323
transparency and purity in the decision making process of the Government. A
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 B
CABE for seeking its opinion on National Curriculum Framework for School
Education (NCFSE) as expeditiously as possible and in any case, before the
next ·academic session. This would not, however, mean that NCFSE 2000
published by NCERT is illegal for non-consultation of CABE.

With this view on CABE, I concur with the view taken by Brother C
Shah, J in all other respects.

In the result, the writ petition is dismissed. There shall be no order as
to costs.

. S.K.S. Petition dismissed.