MRS. SANTOSH SINGHversusUNION OF INDIA & ANR.

                         [2016) 5 S.C.R. 761



                     MRS. SANTOSH SINGH                                   A
                                  v.
                    UNION OF INDIA & ANR.
               (Writ Petition (Civil) No. 1028 of2014)
                           JULY22,2016                                    B

  [T.S. THAKUR, CJI AND DR. D.Y. CHANDRACHUD, J.]
       Constitution of India - Art. 32 - Public interest petition under
- Seeking issuance of writ of mandamus for inclusion of moral
science as a compulsory subject in the syllabus of school education
from class I to XII - Held: - Courts are concerned with the issues of
                                                                          c
constitutionality and legality - The matters, solutions to which
traverse the field of ideology, social theory, policy 111aking and
experi111entation cannot be regulated by Supreme Court - Where an
effort is made to bring issues of governance before the court, the
basic touchstone on which invocation of jurisdiction 111ust rest is       D
whether the issue can be addressed within the fra111ework of law or
the Constitution - Though there is need to provide value based
education, but the form and the manner in which the values should
be inculcated ought not be ordained by court in exercise of its
;urisdiction u!Art. 32 by applying settled nor111s of judicial review -
                                                                          E
Resolution of such 111atters must rest with those who have the
responsibility to teach and goveni over matters of education - Public
Interest Litigation.
      The petitio1Jer filed the present writ petition in public
interest taking the plea inter alia that the failure to include 'moral
                                                                          F
science' as a compulsory subject in the course curriculum, violates
Art.25 of the Constitution and militates against the fundamental
duties contained in Art. SlA(f) of the Constitution. The petitioner
sought mandamus for the inclusion of moral science as a
compulsory subject in the syllabus of school education from Class
I to XII.                                                                 G
      Dismissing the petition, the Court
      HELD: 1.1 There can be no gain-saying the fact that moral
values are an integral component of value based education. The .

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                                 761
    762            SUPREME COURT REPORTS                       (2016] 5 S.C.R.



    A     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 the
          constitutional core is founded: liberty, equality and the dignity of
          each individual. The purpose of education also includes the
          creation of responsible and informed citizens conscious both of
    B
          their rights and of their duties to others. Education is an important
          instrument towards the development of the individual as indeed,
          it is a vital instrument in nation building. [Paras 14 and 15)(769-
          C-D)
                                                                                    ~-

                 1.2 Morality is one and, however important it may sound to
    c     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 such as acceptance of a plurality and diversity
          of ideas, images and faiths; tolerance; empathy and compassion.
    D     Value based education must enable the young to be aware of the
          horrible consequences of prejudice, hate and discrimination that
          continue to threaten people and 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
    E     change. Moreover, morality itself is a notion which has varying
          hues. [Para 21)(770-G-H; 771-A-C)
                 2. 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
     F    the court. The court singularly lacks the expertise to do so. 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 edacational system? Would a horizontal integration of a given
          set of values across existing subjects better achieve a desirable
     G    result? Is .it at all desirable to impose another subject of study
          upon the already burdened school curriculum? 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 education. [Paras~17, 22 and 23)(769-G; 771-D-F]
     H
'
     MRS. SANTOSH SINGH v. UNION OF INDIA & ANR.                           763



      3.1 The jurisdiction of this Court under Article 32 of the           A
Constitution 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 the
competence and the constitutional duty to lay down and implement
                                                                            B
educational policies to deal with such problems. 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          c
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. (Paras 17 and Z2)(769-G-H; 770-A; 771-C-D]
      3.2 There is a tendency on the part of public interest D
petitioners to assume that every good thing which society should
aspire to achievecan be achieved through the instrumentality of
the ct>urt.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 E
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 F
arm of the State. The court is concerned with the preservation of
the rule of law. (Para 18)(770-B-C]
      3.3 The present is 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            G
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

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764             SUPREME COURT REPORTS                             [2016] 5 S.C.R.


A     of a prescribed curriculum is a matter which cannot be resolved
      by applying settled norms of judicial review. These are matters
      which cannot be determined in the exercise of the jurisdiction of
      the court under Article 32. [Para 19][770-D-E)
             CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
B     1028 of2014.
             Under Article 32 of the Constitution oflndia.
             Mrs. Santosh Singh, Petitioner-in-person.
            N. K. Kaul, ASG, A. K. Sanghi, Sr. Adv., Kapil Rustogi, G. S.
c     Makker, Kamal Mohan Gupta, Tara Chandra Sharma, Ms. Neelam
      Sharma, Rajeev Sharma, Ms. Pankhuri Shrivastava, Rupesh Kumar,
      Advs. for the Respondents.
             The Judgment of the Court was delivered by
             DR. D. Y. CHANDRACHUD, J. I. The ·petitioner is an
D     advocate-on-record practicing before th is 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".
E             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 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
 F
      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
G     fundamental right to profess, practice and propagate religion. This in the
      submission militates against the fundamental duties contained in Article
      51 A(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
 H
        MRS. SANTOSH SINGH v. UNION OF INDIA & ANR.                         765
                  [DR. D. Y. CHANDRACHUD, J.]

from classes I to XII "in order to inculcate moral values and nurture        A
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          8
states that the Union of India adopts the counter filed by CBSE.
      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          c
        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         D
        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           E
        and universal goals and perceptions. It should lay primary
        emphasis on this aspect."
        Similarly, the National Curriculum Framework of2005 emphasised
that:
                                                                             F
        "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              G
        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,
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766            SUPREME COURT REPORTS                            [2016] 5 S.C.R.


A           hl!maneness 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
      enshrined in the Constitution assume paramount significance. The
      Framework takes specific note of the importance ascribed by the
B     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.
c     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;
D
             (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
 E
      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 oflife-skills, attitudes and values, sports and games as well as co-
      curricular activities. The Board has specifically focused on Article 5 IA
 F    of the 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 f<;>r classes XI
      and XII from the year 2012-2013. The Board has adopted an
      interdisciplinary approach and decided to assess students with
 G
      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
 H
     MRS. SANTOSH SINGH v. UNION OF INDIA & ANR.                               767
               [DR. D. Y. CHANDRACHUD, J.)

on 19 June 20 I 2. CBSE has also pub Iished a Handbook for teachers on         A
value education in 1997 of which revised editions were brought out in
2003 and 2012. In 201 S, 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
                                                                                B
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                 c
           Ramakrishan Mission;
      (iii) An educators Manual for gender sensitivity pedagogy
          at primary, middle, secondary and senior secondary
          classes;
                                                                                D
       (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."
      I 0. The counter filed by CBSE explains the salient features of its       E
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               F
       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.
                                                                                G
       • 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
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768          · SUPREME COURT REPORTS                          (2016] 5 S.C.R.


A           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.
B           • 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,
c
      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,
D     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 oneselfand others.
             12. In December 2012, NCERT developed a framework titled
      "Education for Values in Schools" in consultation with various
E     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: .
 F          "(i) Co-curricular activities, such as discussions, debates,
            exhibitions, projects, skits, celebration of important days,
            such as earth day, environment days, national education days,
            Heritage India Quiz, morning assemblies, birthdays ofleaders
            such as Swami Vivekananda, Rabindra Nath Tagore, etc.
            taking up community service, adult education drive, rallies
 G
            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.

 H



                                                                                  .,
     MRS. SANTOSH SINGH v. UNION OF INDIA & ANR.                                 769
               [DR. D. Y. CHANDRACHUD, J.]

      (iii) Brought out various publications for inculcation of values            A
      among children."
      The Board has specifically focused on Article 51 A 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.                                         B
      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             c
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
ofresponsible and informed citizens conscious both of their rights and of         D
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               E
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      F
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
                                                                                  G
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
                                                                                  H
770             SUPREME COURT REPORTS                            [2016) 5 S.C.R.


A     those who have 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
B     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 ofjudicial power. Hence, where an effort is made to
      bring issues of governance before the court, the basic touch stone on
      which the invocation ofjurisdiction must rest is whether the issue can be
c     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 oflaw.
             19. This petition is illustrative of matters which lie beyond the
      province of judicial review. Whether children pursuing their education
D     from classes r 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
E     applying settled norms ofjudicial 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.
F     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.

G              2 I. 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
H
     MRS. SANTOSH SINGH v. UNION OF INDIA & ANR.                               771
               [DR. D. Y. CHANDRACHUD, J.)

is the need to foster tolerance of those who hold radically differing views,    A
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 discrimi~ation that continue to threaten people and
                                                                                B
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
                                                                                c
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               D
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 1l given set of
values across existing subjects better achieve a desirable result? Is it at     E
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 e~actly the reason why a resolution of such matters
must rest with those who have the responsibility to teach and govern            F
over matters ofeducation. 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      G
terms ofjudicially 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
                                                                                H
m             SUPREME COURT REPORTS                       [2016] 5 S.C.R.


A   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.
B


    Kalpana K. Tripathy                               Writ Petition dismissed.