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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 1028 OF 2014

MRS. SANTOSH SINGH         .....PETITIONER

VERSUS

UNION OF INDIA & ANR          .....RESPONDENTS  

J  U  D  G  M  E  N  T

Dr D Y CHANDRACHUD, J

1 The petitioner is an advocate-on-record practicing before this Court.

Invoking  the  jurisdiction  under  Article  32  of  the  Constitution,  the

petitioner states that she is “deeply distressed with the rapidly degrading

moral values in the society touching every aspect of life where making

money, anyhow has become the sole motto of society”.

2 The grievance of the petitioner is that the present education system

does not inculcate the true purpose of education, which is to produce a

good human being. The State, in the submission of the petitioner, is under

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a constitutional obligation to endeavour to provide educational facilities

which  inculcate  moral  values  in  the  course  of  primary  and  secondary

education. It has been urged that the course curriculum prescribed by the

Central Board of Secondary Education (“CBSE”) and the National Policy

on Education do not recognise a sufficient status for “moral education”. In

the submission of the petitioner, the failure to include moral science as a

compulsory  subject  violates  Article  25  of  the  Constitution  which

recognises  the  freedom  of  conscience  and  the  fundamental  right  to

profess, practice and propagate religion. This in the submission militates

against  the  fundamental  duties  contained  in  Article  51A(f)  of  the

Constitution.  Impressed  by  the  need  to  protect  the  moral  fibre  of  the

nation, the petitioner seeks a mandamus for the inclusion of moral science

as a compulsory subject in the syllabus of school education from classes I

to XII “in order to inculcate moral values and nurture national character in

the national interest”.

3 The  respondents  to  these  proceedings  are  the  Union  of  India

through the  Ministry  of  Human Resource  Development  and  CBSE.  In

response to the notice issued by this Court on 2 February 2015, a counter

affidavit  has  been filed  by CBSE before  this  Court.  The learned ASG

states that the Union of India adopts the counter filed by CBSE.

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4 The National  Policy on Education of  1986,  while examining the

values of education states thus:  

“8.4  The  growing  concern  over  the  erosion  of essential  values  and  an  increasing  cynicism  in society  has  brought  to  focus  the  need  for readjustments  in  the  curriculum in  order  to  make education a forceful tool for the cultivation of social and moral values.  

8.5 In our culturally plural society, education should foster universal and eternal values, oriented towards the unity and integration of our people. Such value education  should  help  eliminate  obscurantism, religious  fanaticism,  violence,  superstition  and fatalism.  

8.6 Apart from this combative role, value education has  a  profound  positive  content,  based  on  our heritage,  national  and  universal  goals  and perceptions. It should lay primary emphasis on this aspect.”  

Similarly, the National Curriculum Framework of 2005 emphasised that:  

“We need to reaffirm our commitment to the concept of  equality,  within  the  landscape  of  cultural  and socio-economic diversity from which children enter into the portals of the school. Individual aspirations in a competitive economy tend to reduce educating to  being  an  instrument  of  material  success.  The perception,  which  places  the  individual  in exclusively  competitive  relationships,  puts unreasonable  stress  on  children,  and  thus  distorts values.  It  also  makes  learning  from  each  other  a matter of little consequence. Education must be able to promote values that foster peace, humaneness and tolerance in a multicultural society.”

 5 The Framework emphasizes that in order to foster democracy as a

way  of  life  rather  than  only  as  a  system  of  governance,  the  values

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enshrined  in  the  Constitution  assume  paramount  significance.  The

Framework  takes  specific  note  of  the  importance  ascribed  by  the

Constitution to the constitutional  values of  equality, justice,  liberty and

secularism.  

6 CBSE has stated in its response that it has integrated these values of

education across the curriculum to inculcate constitutional values and core

universal  human  values  which  are  affirmed  across  all  cultures.  CBSE

states  that  it  emphasises  value  based  education  by  adopting  a  three

pronged approach which comprehends:

(i)  drawing  all  stakeholders  into  the  school community;

(ii)  permeating the school  climate across its  entire curriculum;  

(iii)  including  in  its  materials  a  broad  range  of concepts such as a positive, just and caring school environment,  moral  education,  social-  emotional learning,  positive  youth  development,  civic education and   service learning.  

7 In order to facilitate the achievement of these objects,  CBSE has

adopted concrete  measures including a modified scheme of  assessment

with  attitude  and  values.  In  2009,  CBSE  strengthened  the  scheme  of

assessment for classes IX and X by emphasising co-scholastic areas of

life-skills, attitudes and values, sports and games as well as co-curricular

activities.  The  Board  has  specifically  focused  on  Article  51A of  the

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Constitution  in  its  effort  to  inculcate  democratic  values.  Besides

introducing a modified scheme of assessment  with attitude and values,

CBSE has introduced value based questions in the Summative Assessment

–II in classes IX and X and in the year end examination for classes XI and

XII from the year 2012-2013. The Board has adopted an interdisciplinary

approach and decided to assess students  with approximately a five per

cent  weightage  in  each  subject  at  the  above  Summative  Assessments

through  questions  which  have  been  integrated  with  the  content  of  the

subject and analysed on the basis of the values it reflects.  

8 In order to further this object, circulars were issued by CBSE on 19

June 2012. CBSE has also published a Handbook for teachers on value

education in 1997 of which revised editions were brought out in 2003 and

2012. In 2015, CBSE launched a  values education kit  comprising of  a

revised  values  education  teachers’ Handbook,  a  set  of  value  cards  and

other materials. The values education kit has been developed to provide

broad  guidelines  for  teachers  on  moral  education.  This  serves  as  a

resource for teachers to conduct interactive sessions in their classes.

9 Among the other steps which have been taken by CBSE are:

“(i)  A  Manual  on  environmental  education  and adolescence education;  

(ii) Initiation of an ‘Awakened Citizens Programme’ with Ramakrishan Mission;

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(iii)  An  educators  Manual  for  gender  sensitivity pedagogy at primary, middle, secondary and senior secondary classes;  

(iv)  Introduction  of  a  human  rights  and  gender studies elective course;

(v)  Steps  to  improve  inclusive  education particularly for students with disabilities and special needs.”  

10 The  counter  filed  by  CBSE  explains  the  salient  features  of  its

approach towards gender sensitization and equality education through the

human rights and gender studies elective, thus:  

 “The teaching of gender issues encompasses a wide range of questions, which are related to the underlying concepts of gender as they are evolved in various academic disciplines, epistemological approaches and institutional setting of modern educational systems on all levels.  

 The  aims  of  a  possible  perspective  in teaching gender as gender always contains a socio-political and an academic aspect. The question  of  how  gender  works  in  the educational system will be the subject of the course.  

 Teaching gender also involves the potentials and the problems of gender being a universal individual  experience,  personal  or  social  in the institutional setting.

 This  course  is  intended  to  make  students aware of the ways in which gender is “taken for granted” and how gender is learned, the implications  of  gender  for  our  lives,  and prospects  for  change  insofar  as  men  and women are  able  to  combine  and/  or  reject elements  of  traditional  masculinity  and femininity.

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 The  course  will  look  at  gender  within  the context  of  different  social  institutions  (e.g. the  family,  the  workplace,  education,  etc.) and look at ways in which gender roles are maintained  by  these  institutions  and/or effectively learned though socialization.”    

11 CBSE has also stated that the new textbooks of NCERT, following

the integrated approach, have included content that provides students with

an opportunity to  focus  on personal,  social,  constitutional  and humane

values.   Illustrations  have  been  furnished  to  the  Court  of  the  specific

chapters devoted to inculcating these values in textbooks prescribed for

various subjects including Geography, Social Science, History, Chemistry,

Biology and Mathematics. A resource book entitled “Ways to Peace” has

been written for teachers to promote attitudes, values and skills necessary

for living in harmony with oneself and others.  

12 In  December  2012,  NCERT  developed  a  framework  titled

“Education  for  Values  in  Schools”  in  consultation  with  various

stakeholders  such  as  principals,  teachers  and  educationists.  The

Framework deals with the need for shifting from conventional pedagogy

to a new pedagogy of values by adopting what is described as a ‘whole

school  approach’  to  education  focusing  on  core  values.  CBSE  has

particularly emphasised the following:

“(i)  Co-curricular  activities,  such  as  discussions, debates, exhibitions, projects,  skits,  celebration of

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important  days,  such  as  earth  day,  environment days, national education days, Heritage India Quiz, morning assemblies,  birthdays  of  leaders  such as Swami Vivekananda , Rabindra Nath Tagore, etc. taking  up  community  service,  adult  education drive, rallies and walks for noble causes.  

(ii)  Fundamental  rights  and duties,  and Directive Principles of State Policy form part of the Social Science  syllabus  for  Class  VIII  and  Class  XI, Political Science.

(iii)  Brought  out  various  publications  for inculcation of values among children.”  

The Board has specifically focused on Article 51A of the Constitution as

these  values  are  counted  in  the  performance  of  students.  Schools  are

bound to inculcate them by conducting curricular, cross-curricular group

activities and projects.  

13 The  petitioner  essentially  invokes  the  jurisdiction  of  this  Court

under Article 32 for seeking a mandamus for the introduction of moral

science as a separate subject in the school curriculum.  

14 There  can  be  no  gain-saying  the  fact  that  moral  values  are  an

integral component of value based education. The purpose of education is

to engender in the young, a spirit of enquiry, a desire for knowledge and a

sense of values. Among those values are the fundamental values on which

our constitutional core is founded: liberty, equality and the dignity of each

individual.  The  purpose  of  education  also  includes  the  creation  of

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responsible and informed citizens conscious both of their  rights and of

their duties to others.  

15 Education is an important instrument towards the development of

the  individual  as  indeed,  it  is  a  vital  instrument  in  nation  building.

Technology has effaced conventional barriers and the world has become a

globally  networked  community  of  information  ideas.  The  challenges

which confront the system of education have evolved rapidly, perhaps too

rapidly for our educational system to develop pragmatic solutions to meet

them.

16 The issue before the Court is whether a mandamus of this nature

can be issued by the Court in the exercise of its jurisdiction in the public

interest.  

17 While there can be no dispute about the need of providing value

based education,  what  form this  should take  and the manner  in  which

values should be inculcated ought not to be ordained by the court. The

court singularly lacks the expertise to do so. The petitioner has a grouse

about what she describes as the pervading culture of materialism in our

society. The jurisdiction of this Court under Article 32 is not a panacea for

all ills but a remedy for the violation of fundamental rights.  The remedies

for such perceived grievances as the petitioner has about the dominant

presence of materialism must lie elsewhere and it is for those who have

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the competence and the constitutional duty to lay down and implement

educational policies to deal with such problems.  

18 There  is  a  tendency  on  the  part  of  public  interest  petitioners  to

assume that every good thing which society should aspire to achieve can

be achieved through the instrumentality of the court.  The judicial process

provides remedies for  constitutional  or  legal  infractions.  Public interest

litigation allows a relaxation of the strict rules of  locus standi. However,

the court must necessarily abide the parameters which govern a nuanced

exercise of judicial power. Hence, where an effort is made to bring issues

of  governance  before  the  court,  the  basic  touch  stone  on  which  the

invocation of jurisdiction must rest is whether the issue can be addressed

within the framework of law or the Constitution. Matters of policy are

entrusted to the executive arm of the State. The court is concerned with

the preservation of the rule of law.  

19 This petition is illustrative of matters which lie beyond the province

of judicial review. Whether children pursuing their education from classes

I to XII should be saddled with a separate course of moral science is not

for the court to decide. Whether a value based educational system would

best  be subserved by including a  separate  subject  on moral  science or

whether  value  based  teaching  should  traverse  the  entire  gamut  of  a

prescribed curriculum is a matter which cannot be resolved by applying

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settled  norms  of  judicial  review.  These  are  matters  which  cannot  be

determined in the exercise of the jurisdiction of the court under Article 32.

20 The argument on morality seems attractive to those - like the well

meaning petitioner -who lament the decadence of civilisation. Combine

morality with the need to redefine the values which a society wishes for

its young and you have a seemingly persuasive argument in support. The

difficulty in a court mandated acceptance of this argument is precisely its

inability to unravel the complexities in the position and the answers which

it proposes.  

21 Morality is one and, however important it may sound to some, it

still is only one element in the composition of values that a just society

must  pursue.  There  are  other  equally  significant  values  which  a

democratic society may wish for education to impart to its young. Among

those is the acceptance of a plurality and diversity of ideas, images and

faiths  which  unfortunately  faces  global  threats.  Then  again,  equally

important  is  the  need  to  foster  tolerance  of  those  who  hold  radically

differing views, empathy for those whom the economic and social milieu

has cast away to the margins, a sense of compassion and a realisation of

the  innate  humanity  which  dwells  in  each  human  being.  Value  based

education must enable our young to be aware of the horrible consequences

of prejudice, hate and discrimination that continue to threaten people and

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societies  the  world  over.  Morality  as  a  defining  concept  of  spreading

values may run the risk of being dangerously one sided, exposing young

citizens  to  the  same  dogma  which  those  who  decry  the  creed  of

materialism seek to change. Moreover, morality itself is a notion which

has varying hues.  

22 It is unrealistic for the court to assume that it can provide solutions

to  vexed  issues  which  involve  drawing  balances  between  conflicting

dimensions that travel beyond the legal plane. Courts are concerned with

issues  of  constitutionality  and  legality.  It  is  difficult  to  perceive  how

matters  to  which  solutions  may  traverse  the  fields  of  ideology, social

theory, policy making and experimentation can be regulated by this court

such as by issuing a mandamus to enforce a scheme of instruction in a

particular subject in school education. Should a subject be taught at all?

Should a set of values or a line of enquiry and knowledge be incorporated

as  a  separate  subject  of  discourse  in  an  educational  system? Would  a

horizontal  integration of  a  given set  of  values  across  existing  subjects

better achieve a desirable result? Is it at all desirable to impose another

subject of study upon the already burdened school curriculum?  

23 These are vexed issues to which more than one solution may appear

just. That is exactly the reason why a resolution of such matters must rest

with those who have the responsibility to teach and govern over matters of

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education. Every good that is perceived to be in the interest of society

cannot be mandated by the court. Nor is the judicial process an answer to

every social ill which a public interest petitioner perceives. A matter such

as the present to which a solution does not rest in a legal or constitutional

framework  is  incapable  of  being  dealt  with  in  terms  of  judicially

manageable standards.  

24 In  any  event,  we  have  adverted  at  some  length  to  the  response

which has been filed by CBSE, which has also been adopted by the Union

of  India,  as  reflective  of  its  position.  The issue whether  an alternative

approach would better  subserve the concern for  providing value based

education is not a matter for the court to evaluate.  

25 For these reasons, we find no merit in the Writ Petition. The Petition

shall accordingly stand dismissed. The applications for impleadment and

intervention are disposed of accordingly.                        

                                                                       ..........................................CJI                                        [T S  THAKUR]  

                                                                       ..............................................J                  [Dr D Y  CHANDRACHUD]

New Delhi JULY 22, 2016.