Aruna Roy vs. Union of India (2002) Summary for UPSC Polity Notes

1. What is the Aruna Roy vs. Union of India Case all about?

The Aruna Roy vs. Union of India case in 2002 is a landmark judgement that addressed the issue of the inclusion of religious instruction in school curricula and the right to education under the Indian Constitution. The case examined whether the inclusion of religious and moral education in schools violated the principles of secularism enshrined in the Constitution.

2. Facts of the Aruna Roy vs. Union of India Case Relevant for UPSC

1. Parties Involved:

• Aruna Roy and others (petitioners)
• Union of India (respondent)

1. Legal Questions:

• Whether the inclusion of religious instruction in the school curriculum violated the secular character of the Indian Constitution under Articles 28(1) (prohibition of religious instruction in educational institutions wholly maintained out of state funds) and 25 (freedom of conscience and free profession, practice, and propagation of religion).
• Whether the introduction of religious and moral education in schools infringed upon the right to education under Article 21A.

1. Noteworthy Events:

• Aruna Roy, a social activist, and others challenged the inclusion of religious instruction in the National Curriculum Framework for School Education (NCFSE) introduced by the National Council of Educational Research and Training (NCERT).
• The petitioners argued that the inclusion of religious instruction violated the secular character of the Constitution and the fundamental rights of students.

3. What are the Major Judgements/Changes Brought by Aruna Roy vs. Union of India Case?

The Supreme Court delivered a significant judgement that upheld the inclusion of religious and moral education in the school curriculum while emphasizing the principles of secularism:

1. The Court held that the inclusion of religious and moral education in the school curriculum does not violate the secular character of the Indian Constitution as long as it is based on universal values and not specific to any religion.
2. It ruled that Articles 28(1) and 25 protect the rights of individuals and institutions regarding religious instruction and freedom of religion, but they do not prohibit the inclusion of moral and ethical values in education.
3. The judgement emphasized that religious and moral education should promote universal values, ethical principles, and mutual respect among different religions without promoting any particular religion.

4. What was the Impact of Aruna Roy vs. Union of India Case on Indian Constitution?

1. Reinforcement of Secularism: The judgement reinforced the principles of secularism by ensuring that religious and moral education in schools promotes universal values and does not favor any particular religion.
2. Clarification of Educational Content: It clarified that the inclusion of moral and ethical education in the curriculum is permissible as long as it adheres to the principles of secularism and promotes universal human values.
3. Balance Between Education and Secularism: The ruling balanced the need for moral and ethical education with the constitutional mandate of secularism, ensuring that education promotes mutual respect and understanding among different religions.

5. Was this Aruna Roy vs. Union of India Case Challenged/Reversed in Future?

The principles established in the Aruna Roy case have been upheld in subsequent legal proceedings and continue to guide the inclusion of religious and moral education in school curricula in India. The judgement remains a significant reference for ensuring the balance between secularism and the inclusion of moral education in schools.

6. Doctrines/Theories/New Concepts

1. Doctrine of Secular Education: The case introduced the principle that educational content must adhere to the principles of secularism, promoting universal values and ethical principles without favoring any particular religion.
2. Inclusion of Moral and Ethical Education: The judgement emphasized that the inclusion of moral and ethical education in the school curriculum is permissible as long as it is based on universal values and promotes mutual respect among different religions.
3. Balance of Secularism and Education: The ruling highlighted the need to balance the constitutional mandate of secularism with the inclusion of moral and ethical education in schools, ensuring that education promotes understanding and respect for diverse religious beliefs.