Right To Education In Which Article?


Right To Education In Which Article
Departmen of School Education & Literacy The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.

  • Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group.
  • With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.

The RTE Act provides for the:

Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief. It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition, It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.

: Departmen of School Education & Literacy
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In which Article right to education is currently in India?

As per the RTE Act and Article 21 A of the Indian constitution Education up to 14 years is a fundamental right and it should be free and compulsory.
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What is Article 44?

Hindu Code Bill and addition to the Directive Principles – The Indian Parliament discussed the report of the Hindu law committee during the 1948–1951 and 1951–1954 sessions. The first Prime Minister of the Indian republic, Jawaharlal Nehru, his supporters and women members wanted a uniform civil code to be implemented.

As Law Minister, B.R. Ambedkar was in charge of presenting the details of this bill. It was found that the orthodox Hindu laws were supportive of women’s rights since monogamy, divorce and the widow’s right to inherit property were present in the Shashtras, Ambedkar recommended the adoption of a uniform civil code.

Ambedkar’s frequent attack on the Caste System and dislike for the upper castes made him unpopular in the parliament. He had done research on the religious texts and considered the Caste System in Hindu society to be flawed. According to him, only the Uniform Civil Code bill was this opportunity to reform Hindu society as well to ensure protection to Muslim women who have little protection under Sharia Law.

He thus faced severe criticism from the opposition but Nehru later supported Ambedkar’s reforms and demand for a Uniform Civil Code. Although a Uniform Civil Code was not introduced at the time, a Hindu Bill was introduced to ensure modern reformation of Hindu Society. The Hindu bill itself received much criticism and the main provisions opposed were those concerning monogamy, divorce, abolition of coparcenaries (women inheriting a shared title) and inheritance to daughters.

The women members of the parliament, who previously supported this, in a significant political move reversed their position and backed the Hindu law reform; they feared allying with the fundamentalists would cause a further setback to their rights. Thus, a lesser version of this bill was passed by the parliament in 1956, in the form of four separate acts, the Hindu Marriage Act, Succession Act, Minority and Guardianship Act and Adoptions and Maintenance Act,

These diluted versions supported by Jawaharlal Nehru were in contraction to the implementation of a uniform civil code in Article 44 of the Directive principles of the Constitution specifying, “The State shall endeavour to secure for citizens a uniform civil code throughout the territory of India.” This was opposed by women members like Rajkumari Amrit Kaur and Hansa Mehta,

According to academic Paula Banerjee, this move was to make sure it would never be addressed. Aparna Mahanta writes, “failure of the Indian state to provide a uniform civil code, consistent with its democratic secular and socialist declarations, further illustrates the modern state’s accommodation of the traditional interests of a patriarchal society”.
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What is Article 31?

Article 31, 31A, 31B and 31C –

Originally, the right to property was one of the seven fundamental rights and provided that no person shall be deprived of his property except by authority of law.

However, being one the most controversial rights, the 44 th Amendment Act of 1978 abolished the right to property as a Fundamental Right and made it a legal right (constitutional right) under Article 300A in Part XII of the Constitution.

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Article 31 led to a number of Constitutional amendments; 1 st, 4 th, 7 th, 25 th, 39 th, 40 th and 42 nd Amendments.

The First Amendment Act, 1951 inserted Articles 31A and 31B to the Constitution.

Article 31C was inserted in the Constitution by 25 th Amendment Act, 1971.

Article 31A: It saves five categories of laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Article 14 and Article 19.

It includes:

Acquisition of estates and related rights by the State; Taking over the management of properties by the State; Amalgamation of corporations; Extinguishment or modification of rights of directors or shareholders of corporations Extinguishment or modification of mining leases.

It also provides the guaranteed right to compensation in case of acquisition or requisition of the private property by the state.

Article 31B: It protects the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights.

The scope of Article 31B is wider than Article 31A as it immunises any law included in the Ninth Schedule from the Fundamental Rights (unlike article 31A that protects only five categories). However, the Supreme Court in its judgement in the I.R. Coelho case (2007) ruled that even laws under the Ninth Schedule would be open to scrutiny if they violated Fundamental Rights or the basic structure of the Constitution.

The Supreme Court first propounded the doctrine of ‘basic structure’ of the constitution in the Kesavananda Bharati on April 24, 1973.

Article 31C: It contained two provisions:

It says that no law that seeks to implement socialistic directive principles specified in Articles 39 (b) and (c), shall be declared void on the grounds of contravention of the fundamental rights conferred by Article 14 or Article 19. Moreover, no law containing a declaration that it is for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.

Articles 31A, 31B and 31C have been retained as exceptions to the fundamental rights.
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What is the Article 20 and 21?

Right to Freedom – The right to freedom guarantees freedom for citizens to live a life of dignity among other things. These are given in Articles 19, 20, 21A and 22 of the Indian Constitution. We shall take up the articles one by one in this section. Below, we provide the associated articles of the Constitution under the right to freedom, important from the perspective.

Article Brief description
Article 19 Protection of 6 rights concerning the freedom of:

  1. Speech and expression
  2. Assembly
  3. Association
  4. Movement
  5. Residence
  6. Profession
Article 20 Protection with respect to conviction for offences
Article 21 Right to life and personal liberty
Article 21A Right to elementary education
Article 22 Protection against arrest and detention in certain cases

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What is Article 25?

25. Freedom of conscience and free profession, practice and propagation of religion. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
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What is Article 20?

(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
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What is Article 22?

22. Protection against arrest and detention in certain cases. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
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What is Article 21 in India?

Right to Life – According to Article 21 : “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”

  • This fundamental right is available to every person, citizens and foreigners alike.
  • Article 21 provides two rights:
    • Right to life
    • Right to personal liberty
  • The fundamental right provided by Article 21 is one of the most important rights that the Constitution guarantees.
  • The has described this right as the ‘heart of fundamental rights’,
  • The right specifically mentions that no person shall be deprived of life and liberty except as per the procedure established by law. This implies that this right has been provided against the State only, State here includes not just the government, but also, government departments, local bodies, the Legislatures, etc.
  • Any private individual encroaching on these rights of another individual does not amount to a violation of Article 21. The remedy for the victim, in this case, would be under Article 226 or under general law.
  • The right to life is not just about the right to survive. It also entails being able to live a complete life of dignity and meaning.
  • The chief goal of Article 21 is that when the right to life or liberty of a person is taken away by the State, it should only be according to the prescribed procedure of law.

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What are Article 12 to 35?

Fundamental Rights – The Constitution offers all citizens, individually and collectively, some basic freedoms. These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justifiable. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights. These are:

Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment. Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality). Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings. Right to freedom of conscience and free profession, practice, and propagation of religion. Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and Right to constitutional remedies for enforcement of Fundamental Rights.

Source: India Book 2020 – A Reference Annual : Profile – Fundamental Rights – Know India: National Portal of India
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What is Article No 23?

Article 23 in The Constitution Of India 1949.23. Prohibition of traffic in human beings and forced labour. (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
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