LAWS(KER)-1996-11-1

SATHYAVAN KOTTARAKKARA Vs. STATE OF KERALA

Decided On November 08, 1996
SATHYAVAN KOTTARAKKARA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) A question of considerable public importance arises for consideration in this case. Eventhough there is hue and cry all over, and Academicians, Educationists, Administrators and grown up politicians have all voiced their concern to eradicate political intervention in Schools and Colleges, there has been little effort to find out any concrete solution to do away with campus violence in Schools and Colleges. Students are unfortunately drawn into politics by political parties as well as certain others, completely disrupting the educational system. At times, it creates an atmosphere of tension lawlessness in School and College campuses, and sometimes even in class rooms. Violence has grown to such an extent of snaching away the lives of innocent students, who come for studies in Schools or Colleges. Many of the students in Government Schools and Colleges are from weaker sections of the society.

(2.) Directive Principles of State Policy, Fundamental Right and Education:

(3.) As held by the Supreme Court in Kesavananda Bharathi v. State of Kerala, 1973 (4) SCC 225 , fundamental rights and directive principles constitute the 'conscience' of our Constitution. The purpose of fundamental rights is to create an egalitarian society, to free all citizens from coercion or restriction by society and to make liberty available for all. The purpose of the Directive Principles is to fix certain social and economic goals for immediate attainment by bringing about a non violent social revolution. Through such a social revolution the Constitution seeks to fulfil the basic needs of the common man and to change the structure of our society. It aims at making the Indian masses free in the positive sense. Without faithfully implementing the Directive Principles it is not possible to achieve the Welfare State contemplated by the Constitution.