Aided School Teachers Cannot Contest In Elections: Kerala High Court Declares Section 2(iv) Of Legislative Assembly (Removal of Disqualifications) Act Unconstitutional

The Kerala High Court held that the Teachers of aided schools cannot contest in the election to the local bodies, including State Legislative Assembly and Parliament.

The bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that a teacher of an aided educational institution, within the State of Kerala, in terms of the provisions of Kerala Education Act, 1958, and the rules framed thereunder, is a person holding an 'office of profit', under the Government of the State of Kerala.

Political right of a teacher, working in an aided school, to contest in an election, cannot, in any manner, override the Constitutional right guaranteed under Article 21A of the Constitution of India, i.e., the fundamental right of the children, the court said while declaring that Section 2(iv) of the Legislative Assembly (Removal of Disqualifications) Act, 1951 is ultra vires to Article 21A of the Constitution of India and thus unconstitutional. The bench, however, clarified that this judgment would be prospective in nature.

This significant ruling came in a batch of writ petitions, some of which were filed in 2010 itself. 

Section 2(iv) of Legislative Assembly (Removal of Disqualifications) Act, 1951, provides that a person shall not be disqualified for being chosen as and for being, a member of the Legislative Assembly of the State of Kerala by reason only—(iv) that he holds an office in any educational institution other than a Government institution. 

The bench, in its judgment refers to the following provisions of the Constitution: Article 102 of the Constitution of India, in regard to disqualification for membership for either House of Parliament, Article 191 of the Constitution dealing with disqualification for membership of Legislative Assembly or Legislative Council of a State, Articles 243F and 243V of the Constitution of India, dealing with disqualifications for membership, for being chosen as a member of Panchayat and Municipality. Following are some of the observations made in the judgment. 

Teacher can never discharge the duty as a teacher, in piecemeal, or as a part time engagement, 

"Even though the teachers have a larger role to play, in shaping the democracy, and preserve the democratic principles, envisioned by the framers of the Constitution, in our view, it should be confined to moulding and shaping the student community, so as to make them educated, in all respects, for the overall development of the nation. Therefore, rather than the teachers themselves indulging in political activities or contest in the elections, and discharge their democratic obligations, teachers are to be more dutiful and dedicated to the cause of education, fundamentally required for contributing an educated society for the better and effective administration. When the obligation of a teacher, to protect democracy and its principles, contesting in elections, comes in conflict with the duty of a teacher, to impart education to the student community, we are of the view that the duty of the teacher to impart education should prevail upon the obligation of the teacher, to contest in an election to the State Legislature or to the Local bodies. This we say so because, a teacher can never discharge the duty as a teacher, in piecemeal, or as a part time engagement, since the devotion, attention, regularity, and dedication, envisioned by the framers under Articles 21 and 21A of the Constitution of India, Education Act, 2009, and the State laws, intend that a teacher has to attend the school and impart education to the students continuously, sincerely, uninterruptedly, and without fail."

Political Right Of Teachers Cannot Override Children's Fundamental Right To Education 

Political right of a teacher, working in an aided school, to contest in an election, cannot, in any manner, override the Constitutional right guaranteed under Article 21A of the Constitution of India, i.e., the fundamental right of the children....The role of a teacher to shape the minds of the younger generation is very important, to be discharged in public interest and for the development of the nation. This we say so because, unlike yester years, a teacher has to educate the students with a scientific temper and humanistic attitude and approach, taking into account the nature, character, conduct, inclinations and the needs of a student. In order to achieve the above said aspects, a teacher has to be in continuous contact with the students. A teacher has an onerous duty to interact with a student, as frequently as possible, in order to understand their problems, rectify and alleviate the same, make him interested and active in the entire education process. Therefore, a teacher has to ensure that the students are becoming a part of integration and development of the nation and capable of translating the democratic principles and republican ideals with the objective to secure absolute development to the nation and thereby, alleviate poverty, unemployment and make the nation fit enough to complete among other nations in all respects. If a child does not obtain a proper education, at the elementary level and develops basic character, conduct, and other requirements, the democratic principles would not be formed in him, which is a fundamental requirement, for the efficient governance of the country. Therefore, the role of a teacher cannot be simplified in any manner, so as to be disadvantageous and adverse to the life of student community and thereby, the entire nation. A teacher has a vital role in inculcating good practices in students from the elementary stage, so as to be responsible, dedicated and sacrifice themselves to the cause of the nation, rather than making individualistic approaches, so as to protect personal and self interest. We are also of the view that only if proper education is imparted to the students, they can become good citizens of the country and involve in nation building.

A Teacher can never devote his/her attention to the cause of the students, during the election period

The functions and duties of an elected member of a Legislative Assembly and local bodies are so complex, dutiful, attentive, time consuming, and unless and until an elected member devotes fully to the cause of the citizens, since being elected as their representatives, he would be failing to discharge his duties. A teacher working in an aided school, desirous of being elected as a member of the Legislative Assembly or a Councilor or a Ward Member of local bodies, as the case may be, can never devote his/her attention to the cause of the students, during the election period, and once they are chosen  would spend time, to discharge his/her duties as representatives. Above all, the field of education has become globally competitive as most of the countries have opened up opportunities thus enabling students to undertake education around the globe and therefore the children are to be taught accordingly in the formative ages. . Taking into account the aforesaid aspects, and the decisions considered, it cannot be said that a teacher, working in an aided school, is not a person holding 'office of profit', under the State Government.

CASE: MOOSA vs STATE OF KERALA [ WP(C). 16198/10] 

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