MRS. SANTOSH SINGH versus UNION OF INDIA & ANR.

Citation: [2016] 5 S.C.R. 761 · Decided: 22-07-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Dismissed

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2016) 5 S.C.R. 761 
MRS. SANTOSH SINGH 
v. 
UNION OF INDIA & ANR. 
(Writ Petition (Civil) No. 1028 of2014) 
JULY22,2016 
[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 
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 
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 -
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 
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. 
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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SUPREME COURT REPORTS 
(2016] 5 S.C.R. 
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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 
B 
creation of responsible and informed citizens conscious both of 
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) 
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c 
1.2 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 such as acceptance of a plurality and diversity 
of ideas, images and faiths; tolerance; empathy and compassion. 
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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 
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dogma which those who decry the creed of materialism seek to 
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 
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in which values-should be inculcated ought not to be ordained by 
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 
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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] 
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MRS. SANTOSH SINGH v. UNION OF INDIA & ANR. 
3.1 The jurisdiction of this Court under Article 32 of the 
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