Kerala Education Act 1958 (Act 6 of 1959)

The Education Bill[1] was introduced in the Kerala assembly by Professor Joseph Mundasseri, who was then the education minister for the first elected (1957) Communist Party of India government.[2] This bill was aimed at eradicating the malpractices prevalent in the private sector educational institutions, and attempted to regulate the educational institutions' function, including standardizing syllabi and pay structures.[3] The Syrian Christian church and Nair Service Society, along with opposition parties, including Indian National Congress, started the liberation struggle to overthrow the E. M. S. Namboodiripad government.[4][2] This bill, along with Land Reforms Ordinance and other agricultural legislation, imparted drastic changes in Kerala society, and paved the way for the natural death of feudalistic society in Kerala.

The Education Bill sought to regulate appointments and conditions of teachers. Salaries of teachers were to be paid through the treasury. There was a provision of takeover of management of educational institutions, which arguably violated the constitution.[5][6][7] Nevertheless, the Supreme Court rejected the appeal and the bill received the assent of the president of India.[4]

Even though the Education Bill failed to pass through the Assembly,[3] many of its provisions were later implemented by subsequent governments with amendments.[8]

References

  1. ↑ "The Kerala Education Bill (L. A. Bill No. 14 of 1957)" (PDF).
  2. 1 2 Raveendran, P. P. (2002). Joseph Mundasseri. New Delhi: Sahitya Akademi. p. 81. ISBN 978-81-260-1535-1.
  3. 1 2 Mathew. A. (2003). "Education in Kerala at Cross Roads: Some Critical Aspects". In Tilak, Jandhyala B. G. Education, Society, and Development: National and International Perspectives. New Delhi: A.P.H. Pub. Corp. for National Institute of Educational Planning and Administration. pp. 357–366, page 365. ISBN 978-81-7648-526-5.
  4. 1 2 Guha, Ramachandra (2011). India After Gandhi: The History of the World's Largest Democracy. London: Pan Macmillan. p. 293. ISBN 978-0-330-39611-0.
  5. ↑ In the premises, they may, in our opinion, legitimately complain that so far as the grants under Art. 337 are concerned, the provisions of the clauses of the Bill mentioned in question 2 do in substance and effect infringe their fundamental rights under Art. 30(1) and are to that extent void. Paragraph 44 But no rule to be framed under clause 36(2)(c) can nullify the constitutional infirmity of clause 3(5) read with clause 20 which is calculated to infringe the fundamental rights of minority communities in respect of recognised schools to be established after the commencement of the said Bill. Paragraph 48Das, Chief Justice, Supreme Court of India. "In Re: The Kerala Education Bill, ... vs Unknown on 22 May, 1958". 1959 1 SCR 995. Archived from the original on 14 November 2010.
  6. ↑ Thakur, R. N. (1999). Plight of the Minorities: Problems and Grievances in Their Education. New Delhi: Gyan Books. p. 75. ISBN 978-81-212-0624-2.
  7. ↑ Rai, Udai Raj (2011). Fundamental Rights and Their Enforcement. New Delhi: PHI Learning. p. 648–651. ISBN 978-81-203-4432-7.
  8. ↑ Indian Planning Commission (2008). Kerala Development Report. New Delhi: Academic Foundation. pp. 63–64. ISBN 978-81-7188-594-7.
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