TEACHERS REPRESENTATION IN LEGISLATIVE COUNCILS, 1992

 INTRODUCTION

The Constitution of India provides for a very special position to the teachers in the configuration of the Legislative Councils. No other profession has been given the privilege of a separate constituency of its own. While provision has been made for the nomi- nation to the Councils from amongst persons having knowledge or experience in Literature, Science, Art, Cooperative Movement and Social Service, a separate constituency for teachers serving in institutions not lower in rank than a secondary school has been created. This underlined the importance attached by the framers of the Constitution to the teachers and underscored the role they were expected to play in the process of nation building.

2. However, even at the time of framing of the Constitution, there was divergence of opinion as to why a special preference should be given to the teachers and also if at all such a provision has to be made, then why should there be a distinction between the teachers in elementary schools and those in institutions of the level of a secondary school or above. As such, from time to time, there have been two kinds of moves to amend Article 171(3)(c) of the Constitution, viz. :

(a) to abolish the Teachers' Constituencies altogether

(b) to expand it so as to include teachers of elementary schools.

A copy of the provisions of Article 171 (3)(c) of the Constitution may Appendix I.

3. The Central Advisory Board of Education (CABE), which is the highest advisory body to the Government of India in matters relating to education, had discussed this matter in its meeting held in October, 1964, and had, at that time, recommended that Teachers' Constituencies should be abolished altogether. The Conference of State Education Ministers held in June, 1965, had also unanimously endorsed this recommendation. Subsequently, from time to time, certain State Governments and organisations of elementary School teachers have been demanding that voting rights should be extended to elementary school teachers. The matter was considered in the Central Government on 7 occasions between 1957-79, but no change in the status quo was favoured. The Cabinet in its meeting held in February, 1979, decided that status quo should be maintained. A chronology of the decisions taken by the Cabinet is at Appendix II.

4. Shri Muthuswamy, General Secretary, Tamil Nadu Teachers' Federation, and two others had submitted a petition to the Rajya Sabha on 10-5-1983 regarding pay and service conditions of teachers in the country. One of the prayers made by the petitioners was as follows :

"amendment of Article 171 (3)(c) of the Constitution to give voting rights to elementary school teachers in elections in State Legislative Councils from Teachers' Constituencies."

5. The Rajya Sabha Committee on Peititions obtained comments of this Department and took oral evidence of petitioners, representatives of various teachers organisations and representatives of Ministry of Law, Government of India, etc. Representative of Human Resource Development Ministry gave oral evidence before the Committee twice on 19-4-1984 at the initial stage and again on 10-7-1986 at the concluding stage of its deliberations.

6. The Committee presented its report on the petition (90th Report) to the House on 30-7-1986. Relevant extracts of the Report are reproduced below :

"there should be no discrimination between elementary/primary/ middle etc., school teachers and a teacher at the high/higher secondary/university level for the purpose of voting rights in the Teachers' Constituencies wherever they exist."

7. The Law Ministry sought the views of the State Governments having Legislative Councils, namely, Karnataka, Maharashtra, Uttar Pradesh, Bihar and Jammu and Kashmir. The Ministry of Human Resource Development also took up the matter with the Ministry of Law.

8. The Law Ministry advised the Ministry of Human Resource Development that before making moves to obtain fresh decision of the Central Government in this regard. the matter might be placed before the Central Advisory Board of Education (CABE) for its advice. The matter was accordingly placed before the CABE in its meeting held on 8-9 March, 1991. The CABE constituted various working groups to deal with each aspect of education. The relevant portions of the minutes of the meeting are reproduced below

"most members of the Working Group on Elementary Education felt that the issue needed in-depth and comprehensive consideration. The Working Group accordingly suggested that CABE constitute a committee to quickly go into all aspects of the matter and make its recommendations for the Board's consideration."

9. In pursuance of the decision taken by the CABE in its meetings held on 8-9 March, 1991, Government of India have set up a CABE Committee on Teachers' Representation in Legislative Councils. This document is a Report of the Committee.