Start teaching Law to School Students at Secondary and Higher Secondary level, HC declines

  

The Kerala High Court while dismissing plea seeking to include law as a subject in the curriculum from secondary and higher secondary classes of all schools, held that Courts aren't experts.

The Division Bench comprising of Chief Justice S. Manikumar and Justice Shaji P. Chaly opined that the issue requires research and analyze:

"...such a course of action and deep-seated study cannot be undertaken by a Court of law, and the court is not an expert to analyze the issues and the requirements of the community in a larger perspective, and without undertaking any such studies through experts, no direction can be issued to the Central as well as the State Governments to frame a policy in a particular manner...the petitioner is attempting to persuade this Court to step into unwanted and prohibited areas, enjoyed by the law-making agencies of the respective Governments."

 The Court was dealing with a Public Interest Litigation filed by a practising lawyer seeking direction to the Centre, Ministry of Education, CBSE, ICSE, Secretary of State Department of General Education and the Chairman of SCERT to include Law as a subject in the curriculum of all schools in Kerala, preferably from 8th standard onwards.

He submitted:

"Indians, irrespective of their social, educational or financial standing are hopelessly ignorant of law, which renders their lives miserable in every sphere of their day-to-day activities; and that the worst casualty is the downtrodden among them, still remaining marginalized, who are often subjected to even violation of their basic human rights."

Pointing to the purpose of formation of NALSA and its subsidiary bodies, the petitioner said that the practical solution to instill legal education is to include Law in the curriculum of the students, and the mandatory inclusion of varied subjects in the curriculum has to have a definite objective of giving an option to the students to select his area to be pursued for his higher studies and ultimate employment.

It was further submitted that inclusion of Law as a subject in the curriculum will have a far reaching positive impact in moulding a society with a higher degree of civic conscience.

"the inclusion of Law in the curriculum would give a clear insight to the students to have a definite and positive approach to the issues that are faced by the society and consequent to which, a number of problems faced by the society at present would be solved, when such aspects have created serious impacts in the minds of the young students."

High Court Observation

The question before the Court was whether any such positive direction as is sought for could be granted by the Court exercising the discretionary power conferred under Article 226 of the Constitution of India.

The Court refusing to the same, said it is no empowered to do so.

"insofar as the field of education is concerned, the syllabus for imparting education is prescribed by various educational agencies, taking into account the opinions extended by the experts, and other studies carried out in a well defined manner so as to achieve targets, and inculcate values among the students."

"in order to include a subject in the curriculum of Secondary as well as Higher Secondary Education, there should be an in-depth study as to the manner in which a particular course is to be included in the curriculum."

Reflecting on power of Courts under Article 226 of the Constitution of India, it said that exercising this discretionary power should be done bearing in mind the imperative aspect that there is a clear segregation made under the Constitution of India in regard to the power enjoyed by the legislature, the executive and the judiciary.

"It goes without saying, legislation is an absolute domain of the parliament and the State legislatures, and therefore, without adequate reasons, a writ court cannot step into the shoes of the legislature and issue directions, which if done, would be nothing but a clear encroachment into a prohibited domain transgressing its jurisdiction, and thereby upset and topple the constitutional framework envisioned by the framers of the Constitution of India."

The Court cited SC Judgement in Ashwini Kumar Upadhyay Vs. Union of India & ANR, 2018 Latest Caselaw 692 SC wherein the Court denied similar relief sought.

The Court therefore dismissed the petition.

Read Judgement Here:

 

Social media is bold.

Social media is young.

Social media raises questions.

 Social media is not satisfied with an answer.

Social media looks at the big picture.

 Social media is interested in every detail.

social media is curious.

 Social media is free.

Social media is irreplaceable.

But never irrelevant.

Social media is you.

(With input from news agency language)

 If you like this story, share it with a friend!  

We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure