Is traditional schooling better than homeschooling?

Hi! For quite sometime, I wanted to discuss about homeschooling as one of my relative asked me whether homeschooling and online schooling are the same. No, they are not same, here’s how.

WHAT IS HOMESCHOOLING?

Homeschooling is Elective home education (EHE) is the education of school-aged children at their homes. It is teaching school subjects to one’s children at their own home instead of sending them to public and private schools. It is legal in a lot of countries.

Traditional school is the custom that our society follows. A student would be enrolled in a public or private school. The teachers allocated are the ones who take responsibility for teaching the syllabus.

REASON BEHIND HOMESCHOOLING

There are various reasons for the parents to consider homeschooling. It can be because they are not satisfied with the educational options available, children are not progressing in the traditional schooling, their belief, and they also might want their children to include religious texts.

It would be effective to teach them lessons that are not being taught in traditional schools. Not just that, homeschooling can strengthen the family, it would mean more family time. Homeschoolers have the advantage of blending lessons and values. It is a lot to consider and plan but at the end of the day, it is about education for your child. The efforts from you can take them a long way.

HOMESCHOOLING REQUIREMENTS

In most states, it is required that a child’s parent oversee homeschooling, which includes providing an equivalent education for their child. Check with your state law to know the requirements.

The parent should be taking full responsibility when it comes to homeschooling. Make sure your schedule and priorities are sorted. An understanding of your child’s learning pace, style and interest is vital for effective homeschooling.

Parents must decide on the homeschooling curriculum. Homeschooling space is a must! Create a space for your child to study. Get the space organized with a study table, lamp, calendar, clock and stationery items. The goals have to be set. A goal to accomplish can help us have a clear vision.

Don’t start without a plan, it need not be perfect buy it should be achievable and organized. A schedule is a must for homeschooling. The timetable has to be organized and neat. Engage your child with field trips, museum visits, take them to the library and such engaging activities. Try not to forget about sports and extracurricular activities.

PROS OF HOMESCHOOLING

  • Lack of peer pressure.
  • Emotional freedom.
  • Flexible schedule.
  • Learn at their own pace.
  • Special needs are taken care.
  • Happier at their own space.
  • Independent.
  • Educational freedom.
  • Parent’s satisfaction.

CONS OF HOMESCHOOLING

  • Huge responsibility as a teacher and a parent.
  • Dedicating time means loss of income and reduce in your work.
  • In few states, it is not allowed.
  • Smaller circle of friends for the children.
  • Spend time reviewing the curriculum.
  • Spending lot for home school supplies.

Homeschooling will not ruin your child. If done right, it won’t affect the social life of them.

Here are few articles and interviews; My child’s happiness was at stake. “School is oppressive”

Interview

Constitution of india

Rules are important whether in sports or life. A game of cricket or football can’t be played without rules.

A game with no rules in force will finally end in chaos and disturbance. So is true with the society and the country as well.

A country also needs to be governed by definite rules, that all of its citizens and government institutions must follow, to maintain order and discipline.

There has to be a definite way in which democratic elections are conducted; the powers of the judiciary, executive, and the legislative; powers vested in states and union; fundamental privileges are given to the citizens, etc all are defined in the constitution.

When the Indian Constitution did come into effect?

What had been the Dominion of India became the Republic of India after the constitution came into effect. It replaced the Government of India Act 1935 as the principal governing document of the country.

Dr. Babasaheb Ambedkar, the Chairman of the constitution drafting committee, presented the draft constitution to the then President of India, Dr. Rajendra Prasad on 25th November 1949, subsequently it was adopted by the constituent assembly on 26th November.

The constitution of India came into force on the day when the final session of the constituent assembly was held on 26th January 1950.

Salient Features of Indian Constitution

The constitution of India has several salient or distinguishing features that separate it from the leagues of other constitutions around the world. The most distinguished and significant salient features of the Indian constitution are defined as under.

Longest handwritten constitution

The constitution of India is one of the lengthiest and most detailed constitutions of the world. The English version of the constitution has 117,369 words contained in 444 articles in 22 parts, 12 schedules, and 115 amendments as of 2020.

The lengthiness of the Indian constitution was necessitated by the diversity of India. The constitution became larger in order to accommodate several demographic differences of the state of India.

Parliamentary form of government

The constitution of India stipulates a bicameral legislature, that is, the power and authority are shared between two separate houses, in this case, Lok Sabha and Rajya Sabha.Opposite of bicameral is a unicameral legislature where only one house is present. In a bicameral setup debates and discussions play an important role in the passage of a bill.

A rigid and flexible constitution

The constitution of India is neither completely rigid nor flexible. A constitution is said to be rigid when it is difficult to make amendments, like the constitution of the United States.On the contrary, the constitution of India has been amended 103 times since it came into force, but all the amendments have to pass through definite tests and mandatory requirements.

The constitution of India is therefore considered a perfect blend of rigidity and flexibility.

The preamble to the constitution.

The preamble of the Indian constitution is its introductory paragraph that declares the constitution’ss fundamental philosophy and purpose.

It declares India to be a sovereign, socialist, secular, and democratic republic. It also states some objectives like, securing justice, liberty, and equality to all the citizens and promoting fraternity in order to maintain national unity and integrity.

Quasi-federal constitution

The constitution of India is quasi-federal because it combines the features of both the federal government and the unitary government.

The Supreme Court of India has also stated that India has a federal structure with a strong bias towards the center.

Federal features of the constitution are – supreme law, a bicameral legislature, dual government policy, a written constitution, a rigid constitution, independent judiciary, and revenue sharing.

On the other hand, unitary features of the constitution are – single constitution applicable to the union and states, unequal representation of states in the Rajya Sabha, the unequal division of power between the center and states, states depend on center, non-rigid constitution, unified judicial system and proclamation of emergency.

Fundamental rights and duties

The constitution of India describes the fundamental rights and duties of all the citizens of India irrespective of the states, region, religion, or ethnicity.

The seven fundamental rights provided by the constitution to every citizen are – right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies.

Fundamental duties are enshrined in the constitution to promote integrity. Some of the important fundamental duties are to uphold the sovereignty and unity of India, to preserve rich heritage, to safeguard public property, etc.

Directive principles of state policy

The directive principles of state policy are contained in Part IV of the Indian constitution. These are the sets of instructions meant for the states.

Basically, they constitute the instructions to the legislature and the executive that are mandatory to be followed whenever the state frames new legislation.

Adult suffrage

Adult suffrage means that any Indian citizen irrespective of gender, caste, or any other difference, has a right to vote to elect the government, provided that he or she is above 18 years of age.

This right is guaranteed by Article 326 of the constitution. Initially, the age of voting was 21 years but after the 61st amendment also called the Constitution Act 1988, it was amended to 18 years. However, the right to vote doesn’t apply to non-citizens, persons with unsound minds, or criminals.

Independent judiciary

The constitution of India has several provisions to ensure that the judiciary remains unbiased and independent.The Supreme Court of India acts as the caretaker of the constitution and ensures that its provisions are followed.Also, the courts at the state and district levels are out of the influence of bureaucracy or political governments.High courts in states directly function under the Supreme Court.

Secular State

The term ‘Secular’ in the constitution was added by the 42nd amendment in the Preamble.It was included to promote peace and harmony among different religious groups of India. Every citizen of India is free to follow the religion of his/her choice and it is obligatory for the government to ensure that his/her rights and privileges are protected.

Single Citizenship

Part II of the constitution from Article 5 to Article 11 deals with citizenship. According to it, all the citizens of India enjoy equal rights and privileges across the complete territory of India.In whatever state or Union Territory of India you may travel, you will enjoy similar rights and privileges as enjoyed in your home state.

Importance of Indian Constitution

The constitution is the supreme law that governs the country. The three pillars of democracy – the executive, the legislature, and the judiciary, functions as per the provisions provided in the constitution.

It guarantees the fundamental rights and duties of the citizens and ensures that India remains a secular state, which is important considering its religious and cultural diversity.

Without the constitution, the whole democratic setup would just crumble and rights and privileges could not be exercised.India is one of the world’s most successful democracies today because its people and the government religiously follow every word of the constitution.

Conclusion

At the core of the constitution is an idea to generate an equal and civilized society that is governed by principles and definite rules.

Like every game has its rule book, similarly, the constitution of India is also the rule book that dictates all the rules, regulations, powers, and privileges to effectively govern the country.

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Spiritual person

The Mindful World

The first thing that caught my eye about The Mindful World is just how beautiful their site design is. This is one good looking mindfulness blog.

It takes more than just good looks to be included in this list of the best spiritual blogs, though. And, indeed, The Mindful World has a lot of depth behind that pretty exterior.

The Mindful World is a group of individuals who are passionate about spreading mindfulness around the world. Their articles are very in-depth and some of the most professionally written pieces on any spiritual website.

Excerpt from CONFRONTING REALITY: The lie of Evidence-Based Treatment and how it affects psychological therapy for abused children

“The scientific process is supposed to be the golden standard for the pursuit of knowledge and truth. When asked to think of a scientist, many people will imagine a somewhat “nerdish” individual who’s often more comfortable with numbers than people.

We imagine these scientists as being wholly dedicated to their research and unwavering in their pursuit of the truth. The idea that many published scientists are heavily influenced by politics, that scientific journals often compromise their standards for publications, and that many universities look the other way to secure federal funding, often comes as a shock to most people.”

Change Your Energy

Change Your Energy is a spiritual healing blog. It reads like a self improvement blog, packed full of excellent advice on articles on all manner of self development topics. Every article is full of spiritual guidance and offers inspiration for developing your spiritual life. Change Your Energy is is also one of the most professionally presented spiritual blogs.

My favourite excerpt : From the article “Sing As If Speaking, Dance As If Walking”

“Do you pick up your smartphone, look for people to chat with, or go to the TV or Internet because time alone is lonely, strange, or difficult? You can be a wonderful friend to yourself, incomparably better than any person or any machine.

Here is a suggestion for enjoying spending time with yourself: Sing and dance for 30 minutes every day. Try to sing as if speaking and to dance as if walking.

Enjoy being immersed in yourself, regardless of what other people think. The time you enjoy spending with yourself is time for changing your energy and for accumulating energy. You can encounter your soul as you sing and dance.

Mom On A Spiritual Journey:
Mom on a Spiritual Journey is the blog of Sarah Lawrence Hinson. Sarah gives spiritual coaching sessions and writes articles about both her personal life and about spiritual energy.
My favourite excerpt:
From “6 tips for driving your car as a spiritual practice”
“MAKE YOUR CAR A NO PHONE ZONE LIKE OPRAH SAYS.  I’ll be the first to admit that I am useless at using a phone and driving, in fact I’m a downright danger so don’t do it at all.  Just because you might be better than me doesn’t mean you should do it too though.  If the phone rings and I am alone, I pull over if I know I’m waiting for an important call.  If you work a lot on your phone, get hands free…it’s not the greatest idea but it could save your life.  If I have the girls in the car then they answer the phone for me.  When it’s their turn to learn to drive, texting and driving will not be acceptable because I DON’T DO IT

Spiritual Awakening Process:

Spiritual Awakening Process discusses many aspects of spirituality and offers practical advice to improve your spiritual life. The best part of Spiritual Awakening Process is the one hour sessions that can be booked and which offer help for you on your spiritual journey. Definitely a great spiritual blog.

LINK: SPIRITUAL AWAKENING

Favourite Except: From “Awakening”

“Life inside the awakening is a whole other beast. Many people focus on the singular point of awakening, that amazing “Ah-ha!” moment. However, while that is a critical piece of the awakening process, so is the transition from sleep-mode to every moment awakeness. The awakening ushers in a time of transition that is unsettled, unstable, and unique. It is a time of embracing new and amazing parts of you and then trying to crawl right back into bed. It is a time of expansion and contraction as you grow and then shrink back to the core issues that are still unresolved and holding you back.”

Spiritual Awakening Process:

Spiritual Awakening Process discusses many aspects of spirituality and offers practical advice to improve your spiritual life. The best part of Spiritual Awakening Process is the one hour sessions that can be booked and which offer help for you on your spiritual journey. Definitely a great spiritual blog.

LINK: SPIRITUAL AWAKENING

Favourite Except: From “Awakening”

“Life inside the awakening is a whole other beast. Many people focus on the singular point of awakening, that amazing “Ah-ha!” moment. However, while that is a critical piece of the awakening process, so is the transition from sleep-mode to every moment awakeness. The awakening ushers in a time of transition that is unsettled, unstable, and unique. It is a time of embracing new and amazing parts of you and then trying to crawl right back into bed. It is a time of expansion and contraction as you grow and then shrink back to the core issues that are still unresolved and holding you back.”

Tiny Buddha

Tiny Buddha is an absolutely wonderful spiritual blog that is mostly a mindfulness blog. It matches cuteness and fun with insight and wisdom. It’s also got more Facebook followers than anyone else on this list, partly because it was a pioneer of the whole spiritual blogging movement.

Excerpt from : Boost Your Happiness: 10 Mindfulness Tips for Busy People

“Do you ever feel as though you would be happy if only things were a little different?

You know that happiness is important, but you keep putting it on the backburner because there simply isn’t enough time to prioritize your own inner joy.

And at the same time, you know that meditation would help, but you can’t even imagine where you’re going to get the spare time you need to sit still and meditate.

In an ideal world, we would schedule moments every day in which to cater to our health needs, because health and well-being are paramount. Yet despite our best efforts we will inevitably face those times when we’re busy every minute of the day. I know I’ve been there.”

Hyperthyroidism Awareness

It is important to remember that hyperthyroidism can occur at any age. While most may present with a rather typical constellation of symptoms, many may present with exacerbation of pre-existing conditions which may make the diagnosis initially elusive. Worsening anxiety, insomnia, fatigue, panic attacks, palpitations, hypertension or diarrhea may not initially signal that the thyroid is involved. Clinicians must have a low threshold to check thyroid function early to rule out a component of hyperthyroidism.

Once a suppressed thyrotropin (TSH) has been detected, further investigation with serum triiodothyronine (T3) and free thyroxine (free T4) can help delineate overt from subclinical disease. A thorough history of past thyroid disease, as well as current medications and supplements, can help detect any pre-existing diagnoses or exogenous sources of thyroid hormone or over supplementation with iodine. More commonly, hyperthyroidism is due to either Graves diseasetoxic multinodular goiter or toxic adenoma. Distinction between these can usually be made with the assistance of a thyroid uptake scan, TSH receptor antibody measurement, and thyroid ultrasound. An additional physical exam finding of exophthalmos can further support the diagnosis of Graves’ disease. Understanding the etiology can help guide patient expectations. A small percentage of patients with Graves’ Disease may undergo spontaneous remission after 1 to 2 years, which may prompt patients to wait before considering a definitive treatment option.

With confirmation of the diagnosis of hyperthyroidism, focus is on hormonal control with an antithyroid medication (ATM, most commonly Methimazole in the United States). This may be augmented with beta-blockade, steroids, cholestyramine or SSKI for those who are difficult to control.

Many patients may need further consideration for definitive management with either radioactive iodine ablation (RAI) or thyroidectomy. Your local resources may also influence these options, but it is critical to understand that all three treatments (ATM, RAI and thyroidectomy) are possible options. Certain patient factors and priorities may alter the preferred definitive treatment. Smaller gland size, easy to control hormones, and lack of eye symptoms are factors that may favor continued ATM management. A large goiter with compressive symptoms, difficult to control hormones requiring high dose medications/ multiple modalities, pregnancy, severe eye disease, multiple nodules within the thyroid with or without thyroid cancer, or desire for rapid and reliable hormone control may favor thyroidectomy. RAI is a good option for patients with a smaller gland size, and a desire to pursue definitive management but avoid surgery.

There are also relative contraindications for treatment options. ATMs may have serious side effects, like agranulocytosis or liver failure, which prevent further use, or may cause skin eruptions making long term use intolerable. Additionally, high dose requirements or fluctuating doses may make long term use of ATMs not reliable. Women who are pregnant, wanting to become pregnant in the next 6 months to 1 year, breast feeding or have small children in the home will want to avoid RAI. Patients with severe eye involvement, have a large goiter with compressive symptoms, or are smokers should also avoid RAI. Thyroidectomy will be a poor option for patients with multiple previous neck operations on or around the thyroid due to internal scarring, or who are high risk for general anesthesia. Additionally, if they have a history of previous gastric bypass surgery, they are higher risk for major complications from hypocalcemia/hypoparathyroidism after thyroidectomy.

To help the patient navigate these decisions, it is important to allow them the opportunity to discuss each treatment option with respective physician experts – medical management with endocrinology, RAI with endocrinology and potentially nuclear medicine as well, and thyroidectomy with the thyroid surgeon.

In summary, patients with hyperthyroidism require medical control, as well as a clear understanding of the etiology of their hyperthyroidism. Patients with Graves disease, toxic multinodular goiter and toxic adenoma have more than one treatment option, and it is important for patients to be educated and engaged in treatment decisions.

For Further Reference:
American Thyroid Association Guidelines for Diagnosis and Management of Hyperthyroidism and other causes of Thyrotoxicosis| by the American Thyroid Association

Child Marriage

The practice of child marriage is common in many parts of the world. As the world is advancing at a rapid pace, there are a number of the region does not seem to be up with the times. What’s sad is the dark reality of being a child of the marriage, it is not to be considered as it is often. The practice of child marriage is, in reality, it is a formal or an informal wedding, a child-with or without their consent, who are not at least 18 years of age. In most cases, it’s a boy or a man who is older than the age of the child. As a child, a marriage, a term paper, we will shed some light on this issue.

The causes and consequences of child marriage
The practice of child marriage is not to be less than that of the operation of the act. In almost each room, the child must be at least 18 years of age or older in order to be allowed to marry. So, the marriage, the children prior to the age of the exploitation of their rights.

One of the most common reasons for child marriage is a tradition that has been in practice for a long period of time. In many places, ever since a girl is born, they see her as someone else’s property.

The elders would like to work on their addition to the family, so that they can get married with the young pigeons, to the characterization of their state. And, more importantly, to the poor of the people, and the practice of child marriage, in order to get rid of the loan, the taxes, and, own,, and more.

The consequences of child marriage, it can be life-changing for children, especially little girls. The responsibility is going to fall on the babies. They are not mentally or physically prepared for that, but that’s on them.

So much so that people have come to expect, it is the smaller of the boys to carry the financial responsibility of, the girls are expected to look at the house and the family. The freedom to learn and to play, has been removed.

In addition, their health is also at risk due to the contraction of sexually transmitted diseases such as HIV / aids, and more. Especially the girls who got pregnant at a very young age, it will harm both the mother and the baby.

How To Eliminate The Practice Of Child Marriage
Ending the practice of child marriage is the need of the hour. At the end of this social evil in all of us, from individuals to the leaders of the world, and the challenge of traditional norms. In addition, we are in need of some ideas to enhance the girls are less than boys.

We need to ensure that children, especially young girls, to be their own agents of change. In order to achieve this, they should have access to high-quality education, enabling them to take their studies so that they are able to live an independent life later on.

Safe spaces are important for children to be able to express themselves and to let their voices be heard. Therefore, it is of vital importance for the elimination of all forms of discrimination against women, in order to ensure that all have equal value, and protection.

Conclusion
In short, this is a wedding should be a sacred union between the adult and it is not a logical approach, and put at risk the future of our children. This issue needs to be addressed at the root level, which begins with an end to poverty and lack of education. In this way, the will of the people is to learn to be better and do better.

Child Labour

This is a word you might have heard of in the news or in the movies. It is a crime in which children are forced to work at a very young age. It is to be expected that the children will be to carry out responsibilities such as working and fending for themselves. There are some guidelines, restrictions, and limitations of the work.

The average age for a child to be appropriate, in the work are considered to be at least fifteen years old or more. Children at this age will not be allowed to enjoy any kind of work is very impressive. Why do we do this? As a child, taking away the children from having a normal childhood, a good education, and the physical and mental well-being. In some countries, it is illegal, but in the end, it’s a long way from being completely wiped out.

Causes of child labour
Child labor, for a number of reasons for this. While a few of the reasons as to why this may be used in some countries, there are a number of reasons that are specific to certain regions and territories. However, if we look at the root causes of child labour, and we’re going to be in a position to fight, the better it will be.

First of all, it is the countries with high rates of poverty and unemployment. If a family does not earn enough, and they are the children of the family, so that they do not have enough money to survive. However, as the adults in the family, the unemployed, and the young people who work for them.

In addition, if people do not have access to education, they are going to have on their children to work. The manual only care about the profit, in the short term, and this is the reason why they have to do things so that they are able to survive in them.

In addition, it is save to save the setting out of different industries, which is one of the most important causes of child labour. They are the children, since they are then they will have to pay less for the same work, but as a grown-up. As children, more than adults, and even fewer wages, they prefer children. They can easily influence and manipulate them. They only see their profit and this is the reason why you have to involve the children in the factories.

The abolition of child labour
If we want to eradicate child poverty, and we need to make some of the most efficient and effective solutions that will save our kids. It will also help to improve the future of the country are dealing with these social problems. To begin with, there could be a number of trade union organizations, who are working to prevent the occurrence of child labor. This should help a child to engage in this work, the punishment of those who are with them.”

In addition, we need to keep parents in the loop as they learn the importance of education. If we, free of charge to the education, training and awareness, in which we are going to be able to educate more and more children do not have to do with the child. In addition, in order to make the people aware about the harmful effects of the use of child labour, it is a must-have.

In addition, to the family of the control measures that must be taken into account. This will help to lessen the burden so you have fewer mouths to feed, and her parents are going to be enough to get them to work, rather than a child. In fact, each and every family in need of in order to get a promise of a minimum income to the government in order to survive.

In short, the government and the people need to come together. Of the jobs that could be given to those who are in abundance, so that they are able to earn a living, rather than having to put their children to work. The children are the future of our country, and we can’t expect them to be, in order to maintain the economic conditions of their families, instead of having a normal life.

Importance of Education

Education is a powerful weapon that will help the person to survive the difficulties of life, and to overcome the social stigma such as poverty, fear, and status, in order to be successful. Education is the hope for the development of the Third World, and the world of dominion lands. Compulsory education creates the right conditions for the proper growth and development.

The role of the education system in India

The education sector has the potential to be a revolution for the people, of course, with a skilled and well-educated young people. The nation provides a higher rate of achievement of the objectives of economic growth, and the competition is known as a developed nation. The well-trained people reject all the obstacles that are holding back the growth, and strive hard in order to achieve sustainable development.

The education system in India refers to the process of education, training of human resources in colleges and universities. The government of india reflects some of its economic policies, with an emphasis on the importance of education in India.





The factors that contribute to the significance of education in India:

It is designed to eliminate the volatility of the unemployment rate

An important consequence of the presence is the “unemployment rate”. The unemployment rate is impeding the progress of the nation, which in turn leads to a decrease in the standard of living, and an increase in the crime rate.

In India, it is to be stuck in a critical situation, with almost 58 percent of the jobless graduates, and 77 per cent of the households are deprived of a permanent income tax. About 67% to receive an annual income of about 1.2 lakhs per anum.

In these circumstances people will not be able to afford a good quality of life aand it will take them to a life of poverty and unemployment.

Eliminates Poverty

India is one of the world’s fastest-growing economies in the year 2020, the poverty rate in the country is high and it is one of the greatest evils of illiteracy.

In India, nearly 70.6 million people still live in extreme poverty, and a way to break out of the vicious cycle of poverty is through Education. Education provides high level of skills, resulting in greater access to the labour market, which, in turn, allows for better living.

To eliminate the cabinets

The caste-system is the longest in the social hierarchy in the world and has remained in India. Caste discrimination has been tearing up the path, the path of sustainable development in India. As a company that discriminates on the basis of caste, religion, race, religion, color, continue to be entangled in the bonds of hatred, poverty, and lack of resources.

Education changes a person’s view of caste discrimination. This is what makes it a distinct caste-neutral, with a progressive mindset, which aims to make a constructive contribution to the nation.

Economic stability and growth

Education is an important tool that helps in the achievement of economic growth and stability. Providing education to young people and adults to reveal the hidden potential that could put India on the path of development.

Improvisation is in the health & hygiene

In countries with a high level of illiteracy is associated with poor health and hygiene conditions. India has gone through decades, millions of lives have been lost as a result of diseases caused by a lack of medical supplies and poor sanitation.

In order to improvise, the country’s health-and the health of the sector programmes, such as the “Mission Swah Bharat”, “Rashtriya Bal Swasthya Instagram, etc. are the attraction to the people to be secure under the state university. With the right person, you will get the knowledge about health and hygiene products.



Conclusion
Education is very important for every person in the country as it helps them to increase their knowledge and skill and develops their ability to compete with other people. Thus, it helps to provide them with good quality of life and higher standard of living and at a wider scale contributes in the growth and development of the country.

LEGISLATIVE AND JUDICIAL ATTEMPTS TO BURY THE BASIC STRUCTURE DOCTRINE

Introduction:

The doctrine of basic structure is not defined in the constitution of India. The term has evolved as a result of various judicial decisions by the years. The Basic Structure Doctrine of Constitution of India states that the parliament can neither destroy nor alter the basic structure of the Indian constitution. The doctrine is applicable only to the constitutional amendments.

The basic features of the Constitution are:

  1. Supremacy of the constitution.
  2. Republican and democratic form of government.
  3. Secular character of the constitution.
  4. Federal character of the constitution.
  5. Separation of power.
  6. Unity and Sovereignty of India.
  7. Individual freedom.

                                                                                                                                                      Within their respective jurisdictions, the Parliament and the state legislatures are entitled to make suitable laws for the sake of people. The Bills regarding amendment of Constitution can only be passed by the Parliament itself. But the power is absolute and limited to some aspect. The Supreme Court of India holds the power to declare any law which it considers inconsistent with the Constitution invalid. In other words if any bill is passed by the Parliament which does not follows the ideals of the Constitution will be held invalid and void by the Supreme court. This doctrine has been laid by the Supreme Court to ensure and preserve the will of the Constitution and the ideology behind it. Hence, the Parliament cannot destroy or alter the basic structure of the Constitution. 

Evolution of the Basic Structure Doctrine:

The term Basic structure Doctrine has evolved through various decisions of the Supreme Court on the powers of parliament and judiciary. There was a dilemma between Article 13 and Article 368, the question raised was which of the Article had an overriding effect on the other.

Shankari Prasad vs. Union of India[1] (1951)

In this case, the First amendment was challenged on the ground that it is in violation to the Part-III of the constitution. Therefore, it was suggested that it should be considered invalid and void. The Supreme Court held that the Article 368 of the Constitution states, ‘the Parliament has the power to amend any part of the constitution including fundamental rights.’

In Sajjan Singh Vs State of Rajasthan[2] case in 1965 the Court gave the same ruling.

Golak Nath vs State of Punjab[3]

In this case in 1967, the Supreme Court held that the Parliament is not empowered to amend Part III of the constitution as the fundamental rights are immutable. The Supreme Court overruled its earlier decision.  According to the Supreme Court ruling, Article 368 lays down the procedure to amend the constitution, that does not give absolute powers to the parliament and to amend any part of the constitution.

The 24th Constitution Amendment Act

In 1971, the Parliament passed the 24th Constitution amendment act. The act gave absolute power to the parliament, in order to make any changes in the constitution and also the fundamental rights. It also made it obligatory for the President to give his assent on all the Constitution Amendment bills sent to him. This move was executed evidently in the favor of Smt. Indira Gandhi and her government.

Kesavananda Bharti vs. State of Kerala[4]

In this case, the Supreme Court upheld the validity of the 24th Constitution Amendment Act and reviewed its decision in the Golaknath case. The Supreme Court held that the Parliament has power to amend any provision of the constitution but the basic structure of the constitution is to be maintained as it is. But the Apex Court has not provided any clear definition for the term basic structure. It held that the “basic structure of the Constitution could not be abrogated even by a constitutional amendment”.

Attempts to bury the Basic Structure Doctrine:   Many politicians, experts and ministers were against the basic structure defined by the earlier cases. This led to challenges against the verdict of the court. In 1975, the Supreme Court reaffirmed the concept of Basic Structure Doctrine. This happened when the victory of Prime Minister Indira Gandhi in the elections was upheld by the Allahabad High Court on the grounds of electoral malpractice. Justice Krishna Iyer granted a stay allowing Indira Gandhi to work as the Prime Minister on the condition that she would not draw salary and speak or vote until the case was decided. But, while the court was hearing the case, the parliament passed the Thirty- ninth amendment o the constitution. This amendment removed the authority of the Supreme Court to handle cases with regard to elections of President, Prime Minister and the speaker of Lok Sabha.  Instead a body will be constituted for resolving such disputes. The aim of the bill was evidently to benefit Smt. Indira Gandhi. Some amendments were also made to the Representation of Peoples Acts of 1951 and 1974 and placed in the Ninth Schedule along with

the Election Laws Amendment Act, 1975. The mala fide intention of the government to save the face of Indira Gandhi in case the Court passed a verdict against them was proved by the hurry in which the Thirty-ninth amendment was passed. The bill was introduced on 7th of August, passed by the Lok Sabha the same day, and Rajya Sabha the next day, the President passed it giving his assent 2 days later and it was gazetted on 10th August. The counsel for the opposing party challenging Indira Gandhi argued that the amendment violated the basic structure of Constitution and hence should be held unconstitutional.  It affected the power of judicial review and the basic features including conducting of free and fair elections. They also argued that the Parliament is not empowered to decide if the election were valid or not stating the incompetency to use its constituent power to hold an election that was declared void by the High court. The court upheld the amended laws, striking down the law which restricted the power of judiciary to adjudicate the situation. The judges grudgingly accepted the Parliaments power to pass overriding laws.

Within three days of the decision of the election case, C.J. Ray convened to review the Keshavanandan Bharti case verdict with regard to a number of land ceiling petitions. The opposing party’s counsel argued that it was an unnecessary move. The bench dissolved soon after it and people doubted the government’s indirect involvement in the issue. The National emergency was declared in 1975. Soon after the Congress party constituted a committee with Sardar Swaran Singh its chairman to review the question of amending the Constitution. Through the 42nd amendment several changes were incorporated which also included that any amendments by the Parliament in the past or in future in the constitution cannot be questioned by the court.

Minerva Mills and the Waman Rao cases[5]

In this case the owners of Minerva mills challenged the 42nd amendment in the Supreme Court. Mr. N.A. Palkhivala from the side of petitioners decided not to challenge the government’s action instead he framed the challenge to Parliament’s power to amend the Constitution. He argued that the section 55 of the amendment provided unlimited power to the Parliament. He added that Article 31 C violated the Preamble and the basic structure doctrine, hence should be declared unconstitutional. It also took away the power of judicial review.

The majority judgment (4:1) held the amendment to Article 31C unconstitutional.’ It destroyed the harmony and balance between fundamental rights and directive principles which is an essential or basic feature of the Constitution.’ In another case relating to a similar dispute involving agricultural property the apex court, held that all constitutional amendments made after the date of the Kesavananda Bharati are subject to judicial review as the same procedure as prior to the 42nd amendment.



[1] AIR. 1951 SC 458

[2] AIR 1954 Raj 301

[3] 1967 AIR 1643, 1967 SCR (2) 762

[4] 1973 4 SCC 225

[5] 1980 AIR 1789

Decroly Method

Decroly method is a program which is based on centers of interest and educative games. This method is named after Oride Decroly a Belgian pioneer in the education of physically disabled children. He was aphysician and then became involved in school for disabled children and in consequence became interested in education. Decroly contributed home like atmosphere in schools which helped the students to achieve better and compatible educational output than able students in regular schools. Decroly method of teaching was based on three processes, (1) observation (2) expression and (3) association of space and time. Unlike Montesorri’s children, Decroly children worked with real things drawn from everyday life. According to Decroly the universal needs of a child are: food, protection against danger, endurance for frustrations of life, work, play, self-evaluation and self-discipline. Environment is an important aspect to Decroly’s teaching method and children should be encouraged to pursue activities based on observation, association and expression.

Importance of Education


As the saying of B.B.King goes like, “The beautiful thing about learning is that no one can take it away from you” education is the most important wealth one can hold in this universe. Education is the only thing that moulds a person into a human. Proper education is very important to every human being. One can be educated anytime despite of one’s age, gender, colour and creed. Education is the process of achieving knowledge, values, skills and moral habits. It determines the quality of an individual’s life because it helps people become better citizens of the society, it lends one a better job and a good lifestyle and most importantly it helps one to know the difference between good and bad. Education provides the stability for life and it makes you self-dependent. Education is important for each and everyone as it improves knowledge, way of living, social and economic status as well to prove Benjamin Franklin’s quote “An investment in knowledge pays the best interest”. Getting good education is one of the basic rights to every human because education is the only solution for social and personal problems. Education transforms a person completely by changing one’s mind and personality. Education connects you with stories and cultures of one’s everyday life. Education is the first step for people to gain knowledge, critical thinking and empowerment and skills they need to make this world a better place. “Education is the most powerful weapon which you can use to change the world” – Nelson Mandela.