1526357403education as a fundamental right

7/28/2019 1526357403education as a Fundamental Right

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CONSTITUTION ?

Constitution Fundamental /Supreme

law of the land .

Any law/Act not in conformity withconstitution can be set aside by the

Supreme Court or High Court.


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FUNDAMENTAL RIGHTS ?

Embodied in Part III of the

Constitution, guarantees civil rights to

all Indians . Seven fundamental rights were

originally provided by the Constitution

Article 14 to 32 deals withfundamental rights .


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FUNDAMENTAL RIGHTS

Right to Equality

Right to Freedom

Right against Exploitation Right to Freedom of Religion

Cultural and Educational Rights

Right to constitutional remedies Right to property Removed in

1978,44th amendment


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Part IV Directive Principles of State

Policy

Article 45 Provision for free and compulsory education for

children

*The State shall endeavor to provide, within a period of ten

years from the commencement of this Constitution, for freeand compulsory education for all children until they complete

the age of fourteen years.

(*Amended)


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Problem

PART III : FUNDAMENTAL RIGHTS PART IV DIRECTIVE PRINCIPLES OF STATE

POLICY

JUSTICABLE NON JUSTICABLE

If an issue is justiciable it means that a court

does indeed havejurisdiction and is

empowered to hear the case and issue a

ruling.
http://www.wisegeek.com/what-is-a-jurisdiction.htmhttp://www.wisegeek.com/what-is-a-jurisdiction.htm


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86th Amendment Act 2002

(i) added Article 21A in Part III (fundamental rights)

(ii) modified Article 45

(iii) added a new clause

(k) under Article 51A (fundamental duties), making the

parent or guardian responsible for providing opportunities for

education to their children between six and 14 years

Article 21A makes it mandatory for the State to provide free and

compulsory education to all children from the age of six to 14years (fundamental right).


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The Parliament enacted the Right of Children to Free and

Compulsory Education Act, 2009 to give effect to this

amendment.

(*Applicable to whole of India except the state of J&K)


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Article 45


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Right to Education Act, 2009

Free and compulsory education to all children of India in the six to

14 age group.

No child shall be held back, expelled, or required to pass a board

examination until completion of elementary education.

Provides for 25 percent reservation for economically disadvantagedcommunities in admission to Class One in all schools except unaided

minority schools .

School teachers will need adequate professional degree within five

years or else will lose job.

School infrastructure to be improved in three years, else recognitioncancelled.

Financial burden will be shared between state and central

government.

No teacher shall engage himself or herself in any private tuitions.
http://www.prsindia.org/theprsblog/uploads/media/RTE.pdfhttp://www.prsindia.org/theprsblog/uploads/media/RTE.pdf


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Right to Education Act, 2009

In a landmark judgment on April 12, 2012, the Supreme Court

upheld the constitutional validity of the provision in the Right

to Education Act, 2009 that makes it mandatory for all schools

(government and private) except unaided minority schools to

reserve 25% of their seats for children belonging to weakersection and disadvantaged group.
http://www.prsindia.org/theprsblog/uploads/media/RTE.pdfhttp://www.prsindia.org/theprsblog/uploads/media/RTE.pdfhttp://www.prsindia.org/theprsblog/uploads/media/RTE.pdfhttp://www.prsindia.org/theprsblog/uploads/media/RTE.pdfhttp://www.prsindia.org/theprsblog/uploads/media/RTE.pdfhttp://www.prsindia.org/theprsblog/uploads/media/RTE.pdf


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1526357403education as a fundamental right

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