Education - Definition - Law Dictionary Home Dictionary Definition education

Definition :

Education. Mr. Forster's Elementary Education Act, 1870 (English) (33 & 34 Vict. c. 75), is the starting point in the history of the provision by legislation of a general system of education. Before this date education had been dealt with either as a series of individual problems in respect of which provisions were made for the education of special classes of persons, or by executive, as opposed to legislative methods, as, for example, by a system of grants in aid. This Act was followed by a series of Acts, known collectively as the Education Acts, 1870 to 1919, which together established a system of free and compulsory elementary education of a non-denominational character. The initial Act established 'school boards' with powers of building and maintaining elementary schools and of regulating the attendance of school children between the ages of 5 and 13. The El. Ed. Act, 1876, declared 'the duty of the parent of every child to cause such child to receive efficient elementary education in reading, writing and arithmetic,' and contained provisions directed to enforcing attendance at schools. The Board of Education (q.v.) was established in 1889 in place of the Education Department of the Privy Council. In 1900 the age for leaving school was raised to 14 (El. Ed. Act, 1900), and two years later 'local education authorities' (i.e., county and borough councils) were substituted for school boards with power to control secular education in non-provided schools (El. Ed. Act, 1902). The El. Ed. Act, 1918, made provision for the establishment by the local education authorities of continuation schools at which young persons must attend (with certain exceptions). See now the (English) Education Act, 1921, ss. 75 et seq.

The (English) Education Act, 1921 (11 & 12 Geo. 5, c. 51), consolidates the existing statutes, and thus substantially codifies the law on this subject. Part III. Deals with the Elementary Schools; Part IV. School Attendance; Part V. Blind, Deaf, Defective and Epileptic Children; Part VI. Higher Education, Continuation Schools, etc. See also (English) Education (Institution Children) Act, 1923, and S.R. & O. and a number of later Acts, amongst which the (English) Education Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 41), has raised the school-leaving age for children to 15 years, and with a corresponding amendment to the age of employment of children in the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12). See, further, State in Relation to Education (Craik); Owen's Education Act Manual; Chitty's Statutes, tit. 'Education', and under various Acts; Halsbury's Laws of England, and supplements; and the titles CONSCIENCE CLAUSE; COWPER-TEMPLE CLAUSE; KENYON-SLANEY CLAUSE; ENDOWED SCHOOLS; INDUSTRIAL SCHOOLS; PUBLIC SCHOOLS; REFORMATORY SCHOOLS; and the four titles next below.

Education, is defined in very wide terms. It is stated: 'Education is the bringing up; the process of developing and training the powers and capabilities of human beings. In its broadest sense the word comprehends not merely the instruction received at school, or college but the whole course of training moral, intellectual and physical; is not limited to the ordinary instruction of the child in the pursuits of literature. It also comprehends a proper attention to the moral and religious sentiments of the child. And it is sometimes use as synonymous with learning Advanced Law Lexicon (P. Ramanatha Aiyar, 3rd Edn., 2005, Vol. 2).

Education is an occupation. Nevertheless it does not cease to be a service to the society. And even thought an occupation, it cannot be equated to a trade or business. In short, education is national wealth essential for the nations' progress and prosperity, P.A. Inamdar v. State of Maharashtra, AIR 2005 SC 3226.

The process of training and developing the knowledge, skill, mind and character of students by formal schooling, Sole Trustee, Loka Shikshana Trust v. Commissioner of Income Tax, (1976) 1 SCC 254: AIR 1976 SC 10: (1976) 1 SCR 863. [Income Tax Act, 1961, s. 2(15)]

The expression 'education' is of wide import and includes all matters relating to imparting and controlling education. It is open to the Provincial Legislature to enact legislation prescribing either a federal or a regional language as an exclusive medium for subjects selected by the University, Gujarat University v. Krishna Ranganath, AIR 1963 SC 703 (714): 1963 Supp (1) SCR 112. [Government of India Act, 1935, Sch. VII, List II, Entry 17 & List I, Entry 13)

The context in which the term 'education' appears, does not refer to such cultural activities or recreational activities as amounting to education, Haji Ismail Valid Mohmad v. Sports Club, (1992) 1 SCC 315: AIR 1992 SC 1855 (1857). [Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 1947 (57 of 1947), s. 6(1)]

We want that education by which character is formed, strength of mind is increased, the intellect is expanded, and by which one can stand on one's own feet. The end of all education, all training, should be man-making. The end and aim of all training is to make the man grow. The training by which the current and expression of will are brought under control and become fruitful is called education. (Swami Vivekanand as quoted Education for Human Excellence, published by Bharatiya Vidya Bhavan Bombay at p. 20). (See also P.A. Inamdar v. State of Maharashtra, AIR 2005 SC 3226).

Is continual growth of personality, steady develop-ment of character, and the qualitative improvement of life. A trained mind has the capacity to draw spiritual nourishment from every experience, be it defeat or victory, sorrow or joy. Education is training the mind and not stuffing the brain. (Eternal Value for a Changing Society, Vol. III, Education for Human Excellence, Published by Bharatiya Vidya Bhavan, Bombay at p. 19); (See also P.A. Inamdar v. State of Maharashtra, AIR 2005 SC 3226).

Education, is an important input both for the growth of the society as well as for the individual. Properly planned educational input can contribute to increase in the Gross National Products, cultural richness, build positive attitude towards technology and increase efficiency and effectiveness of the governance. Education opens new horizons for an individual, provides new aspirations and develops new values. It strengthens competencies and develops commitment. Education generates in an individual a critical outlook on social and political realities and sharpens the ability to self-examination, self-monitoring and self-criticism, (India-Vision, 2020 Published by Planning Commission of India, it is stated at p. 250); See also P.A. Inamdar v. State of Maharashtra, AIR 2005 SC 3226.

Means the systematic instruction, schooling or training given to the young in preparation for the work of life. It also connotes the whole course of scholastic instruction which a person has received--what education connotes is the process of training and developing the knowledge, skill, mind and character of students by formal schooling, Sole Trustee, Lok Shikshana Trust v. C.I.T., (1976) 1 SCC 254.