Introduction 

• This is a landmark judgment on the important concept of secularism that forms a part of the basic structure of the Constitution. 
• This judgment was delivered by a single judge Justice MB Shah. 

Facts 

• A public Interest Litigation (PIL) was filed under Article 32 of the Constitution of India, 1950 (COI).
• The main contention here was that the National Curriculum Framework for School Education (NCFSE) published by National Council of Educational Research and Training (NCERT) is against the constitutional mandate, anti-secular and without consultation with Central Advisory Board of Education (CABE). 
• It is the plea of the petitioners that the above should be set aside. 
• It was the plea of the petitioners that giving education about religions would be violative of Article 28 of COI and it would offend basic structure of the Constitution namely, secularism.  

Issue Involved  

• Whether without the approval of the CABE the NCFSE could be implemented? 
• Whether NCFSE and the Syllabus framed thereunder are violative of the rubric of secularism which is part of the basic structure of the Constitution and also Article 27 and Article 28 of the Constitution of India, 1950 (COI)? 

Observations 

• With Respect to Issue (i): 
  • CABE was in existence since 1935 and up until framing of the new NCFSE the CABE was always consulted. 
  • CABE is not a statutory body as it is not constituted under any Act or the Rules. 
  • The Court observed that it is true that for coordination between State and Centre in implementing the education policy, CABE had played an important role but that would not mean that before framing such policy by an independent body namely NCERT, CABE ought to have ben reconstituted and consulted. 
  • Resultantly, the Court held that non-consultation with CABE cannot be a ground for setting aside the NCFSE.    
• With Respect to Issue (ii): 
  • It is a wrong presumption that knowledge of different religions would bring disharmony in the society. The Court observed that knowledge of various religious philosophies is material for bringing communal harmony as ignorance breeds hatred and wrong notions about the other religion. 
  • The Court also observed that in a secular society moral values are of utmost importance.  
  • Bereft of moral values, a secular society or democracy may not survive.   
  • With regard to Article 28 of the COI the Court held that the entire emphasis of the Article is against imparting religious instruction or performing religious worship. However, there is no prohibition for having study of religious philosophy and culture, particularly for having value based social life in a society which is degenerating for power, post or property. 
  • Finally, the Court observed that the NCFSE is trying to impart a value based education and give awareness that the essence of every religion is common. This should be done by keeping in mind Article 51 A (e) of COI which aims at promoting harmony and spirit of common brotherhood. 
  • Hence, the Court refused to hold that the NCFSE was violative of the Constitution. 

Conclusion 

• Secularism is a very important principle that finds place in the Constitution and is also a part of basic structure of the Constitution. 
• This judgment re-establishes the importance of this principle.