OUTCOME AND RECOMMENDATIONS
 

As per the terms reference set before the Committee, the Committee examined the petition of Tamil Nadu Teachers Federation regarding providing voting rights to elementary/ primary/middle, etc. school teachers in the Teachers' Constituencies in the Legislative Councils wherever they exist. The committee observed that the petition pertained to the whole teaching community in the country. The Committee after studying the various documents have come to the conclusion that the position regarding the teachers' representation in the Legislative Councils has considerably changed now. During the discussions in the constituent Assembly, even Dr. Ambedkar had said that, the concept of the Legislative Councils itself as given at that time was on an experimental basis.

2. Teachers are now being represented in various other for a like Graduate Constituencies. The Committee felt that no person should have multiple constituency representation. if voting right is extended to primary school teachers, other professions like Doctors, Lawyers, Journalists, Engineers, Technocrats, etc. would also be entitled for similar representations. Further, it will be discriminatory and consequently violative of provisions made under Articles 14, 16 and 19 of the Constitution of India, viz. providing equal opportunities for all.

3. The Legislative Councils at present exist only in four States. In early 1950's most of the schools were privately run. The situation has entirely changed since then. At present, majority of the schools have been taken over by the State Governments and, as such, the teachers from these schools stand disqualified under Article 191 (1)(a) of the Constitution of India for election to the State Legislative Council from Teachers' Constituencies. The teachers employed by Local Bodies and also in other grant-in-aid institutions. though not disqualified either under the Constitution or under the Representation of the Peoples Act, 1951, the statutory disciplinary rules applicable to them prevent them from contesting for elections. Therefore, only a marginal number of teachers will be eligible to contest elections.

4. The anomaly of teachers' representation in Legislative Council elections will continue e.g. as per Article 171(3) (c) of the Constitution, a teacher working in primary section of a secondary school would be eligible to contest elections, whereas a teacher who is presently working in primary school is not eligible to contest the elections. In the present, time, there are substantial percentage of primary teachers who are graduates, who are entitled to exercise their franchise in the elections to Graduate Constituencies. Out of a total of 24.95 lakhs primary and upper primary teachers, as on 30-9-89. 20.18 lakhs teachers are working in Government or Local Bodies and only 4 .77 lakhs teachers were working in aided and unaided private institutions who would be eligible to contest elections. In other words, even if the voting right is extended to primary school teachers in Legislative Councils, only 20% of the primary school teachers working in aided and unaided schools would be eligible and 80% of teachers will be deprived. There is little justification-legally or otherwise-for maintaining a distinction between teachers employed by Government and Local Bodies on the one hand and those employed in the private institutions on the other. Therefore, the Committee felt that by extending voting right to elementary school teachers will not in any way improve the situation or strengthen the democratic base.

5. Keeping the above facts into consideration and after analysing the experience of the last four decades and viewing the present situation, the Committee is of the opinion that retention

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of the present Provision regarding separate Teachers, Constituencies in Legislative Councils would invite similar demands dissentions and discontent from amongst other professional groups of society like Doctors, Lawyers, Journalists, etc. It is, therefore, not desirable to give preferential and discriminatory treatment to one section of society e.g. secondary school teachers. Even amongst them, about 80 % would remain excluded and only remaining would be able to contest.

6. The Committee, therefore, is of the opinion that there is no need to retain the present provision of separate constituency for teachers in Legislative Councils.