India Supreme Court: Preamble Recitation PIL Dismissed

• The Supreme Court dismissed a Public Interest Litigation seeking a national policy for daily Preamble recitation in schools.
• The PIL, filed by Dheeraj Kumar, aimed to mandate daily Preamble recitation to instill constitutional values in students.
• The Court's bench, including Justices Vikram Nath, Sandeep Mehta, and Augustine George Masih, noted the Preamble is already part of the school curriculum from Class 6.
• The petitioner argued that daily recitation would promote constitutional literacy, aligning with Article 21A and Article 51A(a) of the Constitution.
• The ruling clarifies that the Supreme Court will not judicially enforce a requirement for daily Preamble recitation in educational institutions.

This ruling clarifies that the Supreme Court will not mandate a national policy for daily Preamble recitation in schools.

India's Supreme Court recently declined to intervene in a matter seeking a nationwide directive for the daily recitation of the Preamble to the Constitution during morning assemblies in educational institutions. The Public Interest Litigation (PIL), titled Dheeraj Kumar v. Union of India & Anr., was dismissed by a bench comprising Justices Vikram Nath, Sandeep Mehta, and Augustine George Masih. This decision means the Court will not mandate a national policy for daily Preamble recitation in schools.

The petitioner, Dheeraj Kumar, an Assistant Professor at Delhi University's Rajdhani College, had initiated the plea through Advocate-on-Record Rohit Kumar. The core of the petition was to compel the Union Ministry of Education and the Central Board of Secondary Education (CBSE) to establish a comprehensive policy framework aimed at fostering constitutional literacy among students across the country. The Supreme Court's bench, however, found no grounds to entertain the petition, noting that the Preamble is already an integral component of the existing school curriculum.

The PIL put forth a compelling argument for the regular and collective engagement with the Preamble, suggesting it would mirror the solemnity of the National Anthem's rendition during morning prayers. According to the petitioner, such a practice would be instrumental in instilling fundamental values of justice, liberty, equality, and fraternity in children from an early age. This, the plea contended, would align with the spirit of the fundamental right to education enshrined in Article 21A of the Indian Constitution, as well as the fundamental duties outlined in Article 51A(a).

To bolster his request for a writ of mandamus, Dheeraj Kumar referenced circulars previously issued by the state governments of Rajasthan, Maharashtra, and Karnataka. These circulars had, in their respective jurisdictions, directed similar initiatives aimed at promoting awareness and understanding of the Preamble's principles among school students. The petitioner sought to extend such directives into a uniform national policy, emphasizing the importance of "constitutional literacy schools India" through daily engagement.

The Supreme Court's dismissal of the plea underscores its position that a judicial directive for daily Preamble recitation is not necessary, given the existing educational framework. The bench, specifically Justices Vikram Nath, Sandeep Mehta, and Augustine George Masih, highlighted that the Preamble to Constitution school assembly is not a new concept in terms of its educational presence. They observed that the Preamble is already a foundational element of the school curriculum and is systematically taught to students starting from Class 6.

This ruling clarifies that the Supreme Court will not mandate a national policy for daily Preamble recitation in schools. Lawyers advising educational institutions or government bodies can confirm there is no new judicial directive compelling such a practice, reinforcing that while the Preamble is part of the curriculum, its daily recitation is not a judicially enforced requirement. The decision in Dheeraj Kumar v. Union of India thus maintains the current status quo regarding the method and frequency of Preamble instruction in Indian schools.

This ruling clarifies that the Supreme Court will not mandate a national policy for daily Preamble recitation in schools. Lawyers advising educational institutions or government bodies can confirm there is no new judicial directive compelling such a practice, reinforcing that while the Preamble is part of the curriculum, its daily recitation is not a judicially enforced requirement.

Source: Reporting based on court proceedings