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CASE NO.:

Writ Petition (civil) 98 of 2002

PETITIONER:

Ms. Aruna Roy and Ors.

Vs.

RESPONDENT:

Union of India and Ors

DATE OF JUDGMENT: 12/09/2002BENCH:

D.M. DHARMADHIKARI

JUDGMENT:

J U D G M E N T

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 institutions fully maintained out of State funds' as

mentioned in Clause (1) of Article 28 of the Constitution has to be

education of a nature different from religious education or religious

instructions which can be imparted in educational institutions

maintained by minorities or those 'established under any endowment

or trust' as referred in Clause (2) of Article 28. I have, therefore, found

it necessary to give my own opinion on the important issues raised on

behalf of the petitioners questioning introduction of religious education

in educational institutions fully maintained out of State funds.

According to them, it runs counter to the concept of 'secularism' which

should guide the activities of the State in the field of education.

Secularism is the basic structure of the Constitution. Clause (1)

of Article 28 prohibits imparting of 'religious instructions' in educational

institutions fully maintained out of State funds. The case of D.A.V.

College Vs. State of Punjab [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 Mahabir was held to

be not prohibited by Article 28 (1) 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 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'.

The English word 'religion' does not fully convey the Indian

concept of religion. Hindus believe in Vedas. The word 'Dharma' has a

very wide meaning. One meaning of it is the 'moral values or ethics'

on which the life is naturally regulated. Dharma or righteousness is

elemental and fundamental in all nations, periods and times. For

example truth, love, compassion are human virtues. This is what

Hindu call Sanatan Dharma meaning religion which is immutable,

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constant, living, permanent and ever in existence. Religion, in

wide sense, therefore, is those fundamental principles which sustain

life and without which the life will not survive. Rig Veda describes

Dharma as Athodharmani Dharayan. In this concept of religion or

Dharma, different faiths, sects and schools of thoughts merely are

different ways of knowing truth which is one. The various sects or

religious groups are understood as Panth or Sampradaya. In

Western world particularly in Britain, religious education has been

understood as nearly identical with the religious instructions. India

which is wedded to a secular philosophy by its constitution; 'Religious

education' to distinguish it from 'religious instructions' can mean

approaching the many religions of the world with an attitude of

understanding and trying to convey that attitude to children. This

distinction between 'religious instructions' and 'religious education' has

to be maintained while introducing a curriculum of religious education

and implementing it. This would require a constant vigil on the part of

those imparting religious education from primary stage to the higher

level otherwise there is a potent danger of religious education being

perverted by educational authorities whosoever may be in power by

imparting in the name of 'religious education,' 'religious instructions'

in which they have faith and belief. Modern philosopher and

educationists particularly those who belong to the schools of thought

which encourage free thinking and an independence of choice to be

given to the children in the matter of inculcating human values and

philosophy based on their individual liking or inclination, are very

sceptical about imparting religious instructions or religious education

by traditional methods. They see that in teaching religions, there is a

possibility of indoctrination or brain-washing of the children and thus,

curbing their inquisitiveness and free thinking in the name of religion.

Indoctrination of children in a particular faith or belief has to be

avoided. J. Krishnamurti, a modern renowned philosopher of India in

his book 'Education and the Significance of Life' has sounded a note

of caution in introducing religious education. His caveat, in his words,

is as under :

"What we call religion is merely organised belief, with its

dogmas, rituals, mysteries and superstitious. Each religion has

its own 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 against

those of other beliefs. Though all religions assert that they

worship God and say that we must love one another, they instil

fear through their doctrines of reward and punishment, and

through their competitive dogmas they perpetuate suspicion

and antagonism.

Dogmas, mysteries and rituals are not conducive to a spiritual

life. Religious education in the true sense is to encourage the

child to understand his own relationship to people, to things

and to nature. There is no existence without relationship; and

without self-knowledge, all relationship, with the one and with

the many, brings conflict and sorrow. Of course, to explain this

fully to a child is impossible; but if the educator and the parents

deeply grasp the full significance of relationship, then by their

attitude, conduct and speech they will surely be able to convey

to the child, without too many words and explanations, the

meaning of a spiritual life.

Religious education, therefore, even if permitted to be imparted

should consist of "understanding the child as he is without imposing

upon him an ideal of what we think he should be". Howsoever highly

educated, one may be but without deep integration of thought and

feeling, his life is incomplete, contradictory and torn with many fears;

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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 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 approach to life; and would it not have more meaning

to begin each day at home or at school with a serious thought, or with

a reading that has depth and significance, rather than mumble some

oft-repeated words or phrases. . To educate the student rightly is

to help him to understand the total process of himself; for it is only

that there is integration of the mind and heart in everyday action that

there can be intelligence and inward transformation.

An educator is not merely a giver of information; he is one who

points the way to wisdom, to truth. Truth is far more important than

the teacher. The search for truth is religion, and truth is of no country,

of no creed, it is not to be found in any temple, church or mosque.

Without a search for truth, society soon decays. [Source : 'Education

and the Significance of Life' by J. Krishnamurti]

A great philosopher, social reformer and religious man of our

times, Vinoba Bhave who studied all the religions of India and some of

other countries has suggested a balanced approach in the matter of

imparting religious education in pluralistic society wedded to

secularism. He finds the best 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 same; we

have understood only a part of it, others have understood the other

part of it". Therefore, according to him, different religious thoughts

can be assimilated and synthesised for creating religious harmony. In

the world, different thoughts on relationship of man with God and

nature are to be found in various religions like Hindus, Buddhists,

Parsies, Jains, Yahudies, Islams, Cristians and many others. These

different thoughts influenced crores of people who are following them.

The common factor of all these thoughts should be understood as the

ultimate truth. If we delve deep into these various thoughts we get

this knowledge. These words should inspire the educationists and the

people of India in creating a real secular society in which 'religion' in

its wider sense is imbibed and a heart felt respect develops in people

of one religious faith towards people of another religious faith.

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 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 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

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the way to salvation or liberation. The Christians believe in the words

attributed to Jesus in the 'Gospel of John', "No one can come to the

Father, but by me". They also believe as early as the third century that

dogma of extra ecclesiam nulla salus ('outside the church, no

salvation).

Muslims similarly believe that there is only one God and His one

messenger 'the Prophet'. Jews cherish their ethnically exclusive

identity as God's chosen people.

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.

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 a society comprising people of different religions and

faiths is described as inclusivism. In explicit pluralism, the view

accepted is that the great world faiths embodied different

perceptions and conceptions of and correspondingly different

responses to, the Real or Ultimate and that within each of them

independently the transformation of human existence from self-

centeredness to reality-centeredness is taking place.

Education in India which is to be governed by secular ethos

contained in its Constitution and where 'religious instructions' in

institutions of the State are forbidden by Article 28(1), the 'religious

education' which can be permitted, would be education based on

'religious pluralism'. The experiment is delicate and difficult but if

undertaken sincerely and in good faith for creating peace and harmony

in the society is not to be thwarted on the ground that it is against the

concept of 'secularism' as narrowly understood to mean neutrality of

State towards all religions and bereft of positive approach towards all

religions.

Such religious education permitting 'religious pluralism'

having emphasis on inclusivism in religious education instead of

allowing exclusivism can be demonstrated by giving instances.

There can be found instances of religious vision capable of either

inclusivist or pluralist development within each of the word religion

although they may not constitute a central thing.

For instances, in the New Testament, it is written that Logos,

which became incarnate as 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 gives himself 'for the salvation of all

beings". In the Quran, a following declaration is found :-

To God belong the East

And the West: whithersoever

Ye turn, there is the Presence [or Face]

Of God. For God is all pervading,

All knowing.

And the Muslim Sufi poet Rumi wrote this of the different

religious traditions : "The lamps are different but the light is the same:

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it comes from beyond".

The study of religious pluralism can be articulated in generally

acceptable way and such attempt has to be made particularly in India

which time and again has suffered due to religious conflicts and

communal disharmony. What is needed in the education is that the

children of this country should acknowledge the vast range and

complexity of differences apparent in the phenomenology of religion

while at the same time they should understand the major streams of

religious experience and thought as embodying different awarenesses

of the one ultimate reality. A wider acceptance of a pluralist view of

the religious life of humanity must involve developments in the self-

understanding of each tradition, a modification of their claims to

unique superiority in the interests of a more universal conception of

the presence of the Real to the human spirit. [See : Comparative

Study of Religion contained in the Encyclopedia of Religion

under the heading "Religious Pluralism" p.331-333]

The purpose of making a survey of various thoughts and

philosophy of different religions and the views of different

philosophers, educationists and thinkers is only to show that the

majority of them do not advocate ban on religious education to

children from school to college stage. What has been emphasised is

that the religious education imparted to children should be one to

make them aware of various thoughts and philosophies in religions

without indoctrinating them and without curbing their free thinking,

right to make choices for conducting their own life and deciding upon

their course of action according to their individual inclinations. For an

all round development of a child, all educationists feel that mere

imparting of information to students to sharpen their intellect is not

enough. Inner qualities of head and heart as also capacity to regulate

their own life and their relation with society should also be imparted to

them for their own and general good of the society as also for

achieving the highest goal of life. The attainment of constitutional

ideals is possible only if side by side with sharpening intellect, moral

character of children, is also developed to make them good citizens.

How best this religious pluralism to accord with 'secular thought'

of the country can be achieved by properly selecting the material for

inclusion in the text books for children of different ages and different

stages in the education, is a matter which has to be left to the

academicians and educationists. Their involvement with all dignitaries

and with other experts in related fields is necessary. This exercise has

to be undertaken by the Government for which any direction from the

court is neither required and nor can the court assume such power to

encroach on the field of preparation of an educational policy by the

State.

The scrutiny of the text books to find out whether they conform

to the secular thought of the country is also to be undertaken by the

experts, academicians and educationists. The members of NCERT

should be open to any such dialogue with the academicians and

educationists. On the basis of general consensus, suitable curriculum,

which accords with secularism as understood in wide and benevolent

sense, has to be evolved.

The expression 'religious instructions' used in Article 28 (1) has a

restricted meaning. It conveys that teaching of customs, ways of

worships, practices or rituals cannot be allowed in educational

institutions wholly maintained out of States funds. But Article 28 (1)

cannot be read as prohibiting study of different religions existing in

India and outside India. If 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 understand their own religion and religions

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of others, with whom they are living in India and with whom they may

like to live and interact. Study of religions, therefore, is not prohibited

by the Constitution and the constitutional provisions should not be

read so, otherwise the chances of spiritual growth of human-being,

which is considered to be the highest goal of human existence, would

be totally frustrated. Any interpretation of Article 28(1), which

negates the fundamental right of a child or a person to get education

of different religions of the country and 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.

The debates in the Constituent Assembly when Article 28 of the

Constitution was being considered are illuminating and helpful in

understanding the expression 'religious instruction' used in the said

Article. See the following part of the debates :-

Pandit Lakshmi Kanta Maitra : May I put the Hon'ble Member one

question? There is, for instance, an educational institution wholly

managed by the Government, like the Sanskrit College, Calcutta.

There the Vedas are taught, Smrithis are taught, the Gita is taught,

the Upanishads are taught. Similary in several parts of Bengal there

are Sanskrit Institutions where instructions in these subjects are

given. You provide in article 22(1) that no religious instruction can be

given by an institution wholly maintained out of State funds. These are

absolutely maintained by State funds. My point is, would it be

interpreted that the teaching 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.

The Hon'ble Dr. B. R. Ambedkar : Well, I do not know exactly the

character of the institutions to which my Friend Mr. Maitra has made

reference and it is, therefore, quite difficult for me.

Pandit Lakshmi Kanta Maitra : Take for instance the teaching of

Gita, Upanishads, the Vedas and things like that in Government

Sanskrit Colleges and schools.

The Hon'ble Dr. B. R. Ambedkar : My own view is this, that

religious instruction is to be distinguished from research or

study. Those are quite different things. Religious instruction means

this. For instance, so far as the Islam religion is concerned, it means

that you believe in one God, that you believe that Pagambar the

Prophet is the last Prophet and so on, in other words, what we call

"dogma". A dogma is quite different from study.

Mr. Vice-President : May I interpose for one minute? As Inspector of

Colleges for the Calcutta University, I used to inspect the Sanskrit

College, where as Pandit Maitra is aware, students have to study not

only the University course but books outside it in Sanskrit literature

and in fact Sanskrit sacred books, but this was never regarded as

religious instruction; it was regarded as a course in culture.

Pandit Lakshmi Kanta Maitra : My point is, this. It is not a question

of research. It is a mere instruction in religion or religious branches of

study.

I ask whether lecturing on Gita and Upanishads would be considered

as giving religious instruction? Expounding Upanishads is not a matter

of research.

Mr. Vice-President : It is a question of teaching students and I know

at least one instance where there was a Muslim student in the Sanskrit

College.

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Shri H.V. Kamath : On a point of clarification, does my friend Dr.

Ambedkar contend that in schools run by a community exclusively for

pupils of that community only, religious education should not be

compulsory?

The Hon'ble Dr. B. R. Ambedkar : It is left to them. It is left to the

community to make it compulsory or not. All that we do is to lay

down that that community will not have the right to make it

compulsory for children of communities which do not belong to

the community which runs the school.

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 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 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 them for all times to come. The

basic structure of the Constitution is unchangeable and only such

amendments to the Constitution are allowed which do not affect its

basic structure and rob it of its essential character. The Constitution

was framed by its makers keeping in view the situations and

conditions prevailing at a time of its making; but being a permanent

document, it has been conceived in a manner so as to apply to

situations and conditions which might arise in future. The words and

expressions used in the Constitution, in that sense, have no fixed

meaning and must receive interpretation based on experience of the

people in the course of working of the Constitution.

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 reflected in provisions contained in Articles 25 to 30 and Part IVA

added to the Constitution containing Article 51A prescribing

fundamental duties of the citizens. It has to be understood on the

basis of more than 50 years experience of the working of the

Constitution. The complete neutrality towards religion and apathy for

all kinds of religious teachings in institutions of the State have not

helped in removing mutual misunderstanding and intolerance inter se

between sections of people of different religions, faiths and beliefs.

'Secularism', therefore, is susceptible to a positive meaning that is

developing understanding and respect towards different religions. The

essence of secularism is non-discrimination of people by the State on

the basis of religious differences. 'Secularism' can be practised by

adopting a complete neutral approach towards religions or by a

positive approach by making one section of religious people to

understand and respect religion and faith of another section of people.

Based on such mutual understanding and respect for each other's

religious faith, mutual distrust and intolerance can gradually be

eliminated.

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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, but we have misunderstood the meaning of

secularism as Sarva-Dharma-Sam-Abhav meaning negation of all

religions. The result of this has been that we do not allow our

students even touch of our religious books. Gandhiji in his lifetime has

been trying to create religious and communal harmony and laid down

his life in doing so. His ardent follower Vinoba Bhave after

independence has not only learnt all the languages and made in-depth

study of all the religions of India but covered length and breadth of

India on foot to unite the hearts of Indian people by spreading his

message of non-violence and love. Based on his in-depth study of all

religious books of India, he published, in his life time, their essence in

the form of different books. He has very strongly recommended that

the essence of various religions, which he published in book forms like

Quran Saar, KhistaDharma-Saar, BhagwatDharma-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, we should not keep ourselves aloof from

such great treasures of knowledge which have been left behind by

sages, saints and seers. How can we develop cultured human-beings

of moral character without teaching them from childhood the

fundamental human and spiritual values. (See Vinoba Sahitya,

Vol.17, 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 aided by the States. As a matter of fact, study of religions

has been considered necessary for the unity and integrity of India.

Indian society is composed of people of various religions and faiths.

They are expected not only to live together and tolerate each other,

but to live a harmonious life in peace and love. Before and after

partition in India, religious conflicts and communal disturbances have

impeded the growth of this nation and its attempt towards progress.

After National Education Policy of 1986, a shift by the impugned

National Educational Policy 2002 towards teaching of religions in the

schools to educate children to understand common factors in all

religions, is not a non-secular step. Even before the government

decided to make a shift in the educational policy in that direction,

eminent educationalists, thinkers, philosophers and academicians have

expressed thoughts that for all round development of child, study of

religions should start in rudimentary form from school education and

should continue up to the higher education. It has been emphasised

that education should not be for the purposes of making a child merely

literate and intelligent. The real education is one in which a child

gradually realises that he is made up not only of body and mind but

also some inner elemental qualities. Some thoughts of Gandhi on

religious education were read before us on behalf of the Petitioners to

point out that Gandhi was sceptical on introduction of religion in

education. His writings, if read in proper context, on the contrary,

contain strong recommendations that common and basic tenets of

religions be imparted to the children. In 1908 in an article in Hind

Swaraj on "Religious Education", Gandhi expressed his thoughts

thus :-

"The question of religious education is very difficult. Yet we cannot do

without it. India will never be godless. Rank atheism cannot flourish

in this land. The task is indeed difficult. My head begins to turn as I

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think of religious education. Our religious teachers are hypocritical

and selfish; they will have to be approached. The Mullas, the Dasturs

and the Brahmins hold the key in their hands, but if they will not have

the good sense, the energy that we have derived from English

education will have to be devoted to religious education. This is not

very difficult. Only the fringe of the ocean has been polluted, and it is

those who are within the fringe who alone need cleansing. We who

come under this category can even cleanse ourselves, because my

remarks do not apply to the millions. In order to restore India to its

pristine condition, we have to return to it. (Hind Swaraj (1908),

p.107I.

To me religion means Truth and Ahimsa or rather Truth alone, because

Truth includes Ahimsa, Ahimsa being the necessary and indispensable

means for its discovery. Therefore anything that promotes the

practice of these virtues is a means for imparting religious education

and the best way to do this, in my opinion, is for the teachers

rigorously to practise these virtues in their own person. Their very

association with the boys, whether on the playground or in the class

room, will then give the pupils a fine training in these fundamental

virtues.

So much for instruction in the universal essentials of religion.

A curriculum of religious instruction should include a study of

the tenets of faiths other than one's own. For this purpose the

students should be trained to cultivate the habit of

understanding and appreciating the doctrines of various great

religions of the world in a spirit of reverence and broad-minded

tolerance. This if properly done would help to give them a spiritual

assurance and a better appreciation of their own religion. There is one

rule, however, which should always be kept in mind while studying all

great religions, and that is that one should study them only through

the writings of known votaries of the respective religions. For

instance, if one wants to study the Bhagavata one should do so not

through a translation of it made by a hostile critic but one prepared by

a lover of the Bhagavata. Similarly to study the Bible one should

study it through the commentaries of devoted Christians. This study

of other religions besides one's own will give one a grasp of the rock-

bottom unity of all religions and afford a glimpse also of that universal

and absolute truth which lies beyond the 'dust of creeds and faiths'.

Let no one even for a moment entertain the fear that a reverent study

of other religions is likely to weaken or shake one's faith in one's own.

The Hindu system of philosophy regards all religions as containing the

elements of truth in them and enjoins 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 that regard; it should mean extension of that

regard to other religions.

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

preservation of one's own culture does not mean contempt for that of

others, but requires assimilation of the best that there may be in all

the other cultures, even so should be the case with religion. (Young

India, 6-12-'28)."

Democracy cannot survive and Constitution cannot work unless

Indian citizens are not only learned and intelligent, but they are also of

moral character and imbibe the inherent virtues of human-being such

as truth, love and compassion. Thinkers and philosophers strongly

recommend introduction of teaching of religions in education. There

may be some difference of opinion between them as to at what stage

of education it should be introduced. Whether it should be introduced

right from the primary stage, may be a subject of debate and it is not

for the Courts but for the educationalists and academicians, to assist

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the Government in formulating a sound Educational Policy for primary

education. India is mostly composed of people, who are followers of

one or the other religions or faiths. A very small section comprises of

those who are non-believers. They be described as purely humanists

and rationalists. Bertrand Russell in The School Curriculum Before

Fourteen, speaking on the teaching history to the school children,

advocates imparting knowledge of impact of thinkers and philosophers.

He said : "I should not keep silence, but I should not hold up military

conquerors to admiration. The true conquerors, in my teaching of

history, should be those who did something to dispel the darkness

within and without Buddha and Socrates, Archimedes, Galileo and

Newton, and all the men who have helped to give us mastery over

ourselves or over nature. And so I should build up the conception of

lordly splendid destiny for the human race, to which we are false when

we revert to wars and other atavistic follies, and true only when we

put into the world something that adds to our human dominion. (See

Bertrand Russell on "Education" at p. 172).

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 schools which are run and

maintained by religious sects may indoctrinate children to mould them

to their thought and belief and that would certainly be harmful.

Because sometimes certain views on these subjects are imparted so as

to magnify one country or one religion and denigrate and degrade the

other religions. Bertrand Russell is equally critical of the secular

teachings that is negative approach to religions. (See Bertrand

Russell "Principles of Social Reconstruction" pp. 105-106).

Pt. Jawaharlal Nehru Ex.p.m, Dr. S. Radhakrishnan and Dr. Zakir

Hussain, Ex-Presidents of India were also strongly of the view that in

the march of human philosophy only science and spirituality will be

the two greatest primary forces which will keep human-beings in best

state of existence. The opinion of Dr. S. Radhakrishnan on education is

thus :-

"The end of education, as envisaged by Radhakrishnan, is self-

knowledge. Though man is a composite of body, mind and

spirit, he has to live by what is the highest in him, which is the

spirit and the latter 'should not degenerate into intellect and/or

will'. It is the spirit which is the source of all achievement,

creativity, freedom and discipline." (See : The Social and

Political Thought of Dr. S. Radhakrishnan by Clarissa

Rodrigues, p. 121).

The greatest secular personality of this country, ex Prime

Minister Jawaharlal Nehru has expressed following thoughts :-

"All education must have a definite social outlook and must train our

youth for the kind of society we wish to have. Politicians may strive

for political and economic changes in order to bring that society into

existence, but the real basis of that society must be laid in the

teaching of our schools and colleges. The real change will have to

come in the minds of men, though that change can and will be helped

greatly by external changes in the environment. The two processes go

together and should help each other."

"The process of education, therefore, must help to build men and

women suited to the age and the task they have to perform. It should

presumably deal with certain basic factors in the development of boys

and girls to give them strength of character and the right outlook on

life. I do not mean by this that they should be conditioned only in one

particular way, but rather that they should develop, apart from the

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essentials of character, a trained receptive and tolerant mind which is

capable of considering problems in their entirety and trying to arrive at

solutions. They should in effect develop into integrated human beings.

Integration means not only a process within themselves, which of

course is highly important, but also a measure of integration with the

environment." (See : Nehru on Social Issues by S.P. & J.C.

Aggarwal)

Swami Ranganathananda of Ramakrishna Mission, in the book

"Eternal Values for a Changing Society, Vol. 3: Education for

Human Excellence", has identified six objectives, which should be

achieved by education. The following objectives which have been

culled fully accord with the constitutional philosophy:-

1. The training of our children to an appreciation of our nation's

cultural heritage and to equip them with the desire and the

capacity to enhance the same and leave to posterity a richer

legacy.

2. The training of our children in talents and capacities by which they

become productive units of society and the source of its economic

strength.

3. The equipment of our children with the qualities of courage and

vision to protect our newly won national freedom, to preserve its

democratic structure, function, and liberties, and to carry the same

to ever wider fields and ever higher levels.

4. The training of our children in virtues and graces that will make

them emotionally stable individuals and enable them to live in

peace, harmony, and co-operation with their fellow citizens.

5. The training of our children in virtues and graces that will make

them international in their outlook and sympathies, and enable

them to live in peace, harmony, and co-operation with the

emerging world community.

6. The training of our children to an awareness of the spiritual and

trans-social dimension of the human personality and to a

converging life-endeavour in the realization of this fact in and

through life and action.

7. It is only thus that our education will become a fit discipline to help

to continue the march of the Indian tradition from an impressive

past to a glorious future."

As pointed out by learned counsel on behalf of petitioners, if

there are certain offending portions in the curriculum, which are not

historically correct or has a tendency to misrepresent, suppress or

project a wrong information, they can be removed. The learned

Solicitor General on behalf of the Union of India and the counsel

appearing for NCERT have very candidly stated that if those portions

are identified, there would be no objection to the Government to

consider their deletion from the curriculum. It has been emphatically

stated that the object of introducing 'study of religions' in the

education from primary stage is to ensure all round development of a

child and with the object that he grows as citizen with respect for

constitutional values.

As has been stated by us above, while dealing with the first

point, that a National Policy of school education having effect and

implications upon children of whole of India should be prepared after

careful and thoughtful deliberations. Learned Solicitor General stated

that NCERT before finalising the curriculum has not only held

symposiums, conferences, talks and debates, but also elicited opinions

not only of members of NCERT, but also ex-officio members of CABE.

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It is stated that although a formal meeting of the members of CABE

could not be called for seeking their advice, but each one of them

individually was sent a copy of curriculum to elicit their views for and

against it. It is after long deliberations, discussions and exchange of

views that the curriculum has been finalised. It is submitted that any

restraint puts on introduction of curriculum could harm the interest of

the students, who have already started their academic 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 on certain subjects as

mentioned in the Order of this Court dated 1st March, 2002. We have

looked into the Constitution and functions of CABE, copy of which has

been provided to us. The Constitution and functions of NCERT are also

given to us for perusal. From the language employed therein, we find

that the functions of the two Bodies are not so clearly delineated as to

put them in water tight compartments. In evolving a National Policy

on Education and based thereon a curriculum, in accordance with

long standing practice, it was desirable to consult CABE although for

non-consultation the National Policy and the Curriculum cannot be set

aside by the court. In a constitutional democracy, Parliament is

supreme and policies have to be framed and approved by the

Parliament. Parliament had constituted CABE and NCERT and if CABE

has any objection to the National Curriculum nothing prevented it from

expressing its opinion accordingly. It is ultimately for the Parliament to

take a decision on the National Education Policy one way or the other.

It is not the province of the Court to decide on the good or bad points

of an Educational Policy. The Court's limited jurisdiction to intervene

in implementation of a policy is only if it is found to be against any

statute or the Constitution. We have not found anything in the

Educational Policy or the Curriculum which is against the Constitution.

We have found no ground to grant any relief as prayed for by the

Petitioners. We would, however, direct the Union of India to consider

the matter of filling the vacancies in the membership of CABE

and convening a meeting of CABE for seeking opinion on the policy

and the curriculum.

All bodies created by executive power of the State, are

answerable to Parliament which is the supreme legislative body with

all powers in suggesting and formulating a National Education Policy. It

is open to Parliament to fill nominations to CABE, re-constitute it or do

away with it. The court can have no jurisdiction in that subject. This

court can enforce constitutional provisions and laws framed by the

Parliament. It cannot, however, compel that a particular practice or

tradition followed in framing and implementing the policy, must be

adhered to. The court has to keep in mind the above limitations on its

jurisdiction and power. It is true that if a policy framed in the field of

education or other fields runs counter to the constitutional provisions

or the philosophy behind those provisions, this court must, as part of

its constitutional duty, interdict such policy.

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 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

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orders as to costs.