 LEGAL FRAMEWORK

Several articles in the Constitution of India bring into focus the general principles governing educational development in the country. These articles are rooted in India's struggle for independence. Basic education was one of the important goals of the freedom struggle and Mahatma Gandhi, even while leading the epic struggle against colonial power, evolved an alternative education system. The Directive Principle contained in Article 45 of the Constitution enjoins that "the State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years." The expression "the State" which occurs in this Article is defined in Article 12 to include the Government and Parliament of India, the government and the legislature of each of the states and all local or other authorities within the territory of India or under the control of the government of India.

Article 29(1) of the Constitution provides that any section of the citizens, residing in the. territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same." Article 29(2) lays down that "no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them." Article 30(1) enjoins that "all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice," while Article 30(2) lays down that "the State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the managment of a minority, whether based on religion or language." Article 350-A lays down that "it shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minor- ity groups."

Special care of the economic and educational interests of the under-privileged sections of the population is laid down as an ob- ligation for the State under Article 46. As per this Article, "the State shall promote with special care the.

educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes and shall protect them from social injustice and all forms of exploitation."

Till the 42nd amendment of the Constitution when it was brought into the Concurrent List, education was in the State List except for certain specified items in the Union List like determination of standards in institutions for higher education or research, establish- ment and maintenance of central universities as well as specified institutions for scientific or technical education and research. The objective of incorporating education in the Concurrent List was to facilitate evolution of all-India policies in the field of education. Though the parliament was thereby empowered with the authority to legislate on education, the Centre has been relying on a consensual process to promote educational development. The concept of concurrency was given an operational meaning by the National Policy on Education (NPE) 1986. This policy envisages concurrency as a "meaningful partnership between the Centre and the States" and placed on the Union Government a larger responsibility in regard to the national and integrative character of education, quality and standards, manpower planning, research and advanced study, and international aspects of education, culture and human resource development.