Question: Why not disallow election duties of teachers since they take away a lot of teacher time? **************************************************** Answer:- The Act bans all non-academic work by teachers, except elections, decennial census and disaster related tasks. Where as census involves work once in ten years, and disasters are rare, increasingly frequent elections do keep teachers away from schools for long periods of time, particularly the preparation of electoral rolls, and can violate the child’s right to quality education. Where as disallowing election duties for teachers would therefore be very desirable, the constitution however mandates that all central and state employees could be drafted for election work, which the Supreme Court has upheld: Article 324(6) of the Constitution of India read with Section 159 of the Representation of the People Act, 1951 makes it obligatory that the President (the Government of India), or the Governor (the Government of any state) as well as every local authority shall, when so requested by the Election Commission, make available to the Election Commission or to a regional Commissioner or to the Chief Electoral Officer or the Returning Officer, as the case may be, such staff as may be necessary for the performance of any duties in connection with an election. In ELECTION COMMISSION OF INDIA, vs. STATE BANK OF INDIA, the Supreme Court has made it abundantly clear that the services of those government servants who are appointed to public services and posts under the Central or State Governments as well as those who are employees of the local authorities will have to be made available for the purpose of election and any such government servant or employee of the local authority who shall defy the requisition, may receive suitable punishment. Now that education is a fundamental right of children, the state governments could ensure, when requested by the Election Commission, to make available to the Commission staff other than school teachers, or for a minimal amount of time that does not interfere with their primary task of teaching. ****************************************************
Posted on: Mon, 17 Jun 2013 04:59:20 +0000
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