Right To Education Is Related To Which Constitutional Amendment?
The 86th Constitutional amendment making education a fundamental right was passed by Parliament in 2002. The Right of Children to Free and Compulsory Education Act, a law to enable the implementation of the fundamental right, was passed by Parliament last year.
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Contents
What is Article 21 A?
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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When was the 104th amendment of Indian Constitution?
Legislative history – The Constitution (One Hundred and Fourth Amendment) Bill, 2019 was introduced in the Lok Sabha on 9 December 2019 by Ravi Shankar Prasad, Minister of Law and Justice. The bill sought to amend Article 334 of the constitution. The bill was unanimously passed by the Lok Sabha on 10 December 2019 with 355 votes in favour and 0 votes against.
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What is the 21st amendment called?
The 21st Amendment to the U.S. Constitution is ratified, repealing the 18th Amendment and bringing an end to the era of national prohibition of alcohol in America. At 5:32 p.m. EST, Utah became the 36th state to ratify the amendment, achieving the requisite three-fourths majority of states’ approval.
- Pennsylvania and Ohio had ratified it earlier in the day.
- The movement for the prohibition of alcohol began in the early 19th century, when Americans concerned about the adverse effects of drinking began forming temperance societies.
- By the late 19th century, these groups had become a powerful political force, campaigning on the state level and calling for national liquor abstinence.
Several states outlawed the manufacture or sale of alcohol within their own borders. In December 1917, the 18th Amendment, prohibiting the “manufacture, sale, or transportation of intoxicating liquors for beverage purposes,” was passed by Congress and sent to the states for ratification.
- On January 16, 1919, the 18th Amendment was ratified by the states.
- Prohibition went into effect the next year, on January 17, 1920.
- READ MORE: The Night Prohibition Ended In the meantime, Congress passed the Volstead Act on October 28, 1919, over President Woodrow Wilson’s veto.
- The Volstead Act provided for the enforcement of Prohibition, including the creation of a special Prohibition unit of the Treasury Department.
In its first six months, the unit destroyed thousands of illicit stills run by bootleggers. However, federal agents and police did little more than slow the flow of booze, and organized crime flourished in America. Large-scale bootleggers like Al Capone of Chicago built criminal empires out of illegal distribution efforts, and federal and state governments lost billions in tax revenue.
- In most urban areas, the individual consumption of alcohol was largely tolerated and drinkers gathered at “speakeasies,” the Prohibition-era term for saloons.
- Prohibition, failing fully to enforce sobriety and costing billions, rapidly lost popular support in the early 1930s.
- In 1933, the 21st Amendment to the Constitution was passed and ratified, ending national Prohibition.
After the repeal of the 18th Amendment, some states continued Prohibition by maintaining statewide temperance laws. Mississippi, the last dry state in the Union, ended Prohibition in 1966. READ MORE: How the Prohibition Era Spurred Organized Crime On December 5, 2013, Nelson Mandela, the former activist who overcame a nearly three-decade prison stint to become president of South Africa, passes away after years of struggling with health issues.
He was 95. “Our nation has lost its greatest son. Our people have lost a,read more At 2:10 p.m. on December 5, 1945, five U.S. Navy Avenger torpedo-bombers comprising Flight 19 take off from the Ft. Lauderdale Naval Air Station in Florida on a routine three-hour training mission. After having completed their objective, Flight 19 was scheduled to take them due,read more The Dei Gratia, a small British brig under Captain David Morehouse, spots the Mary Celeste, an American vessel, sailing erratically but at full sail near the Azores Islands in the Atlantic Ocean.
The ship was seaworthy, its stores and supplies were untouched, but not a soul was,read more The first Medal of Honor awarded to a U.S. serviceman for action in Vietnam is presented to Capt. Roger Donlon of Saugerties, New York, for his heroic action earlier in the year.
- Captain Donlon and his Special Forces team were manning Camp Nam Dong, a mountain outpost near the,read more On December 5, 2002, the legendary television producer and executive Roone Arledge dies in New York City, at the age of 71.
- Born in Forest Hills, Queens, Arledge won his first producing job from New York’s Channel 4, where he worked behind the scenes on a puppet show starring,read more Eddie Murphy stars as the wisecracking Detective Axel Foley in the action-comedy Beverly Hills Cop, released in theaters on December 5, 1984.
The movie marked the first major starring role for Murphy, who went on to become one of the top-grossing actors in Hollywood. Murphy was,read more A fire at the Brooklyn Theater in New York kills nearly 300 people and injures hundreds more on December 5, 1876.
- Some victims perished from a combination of burns and smoke inhalation; others were trampled to death in the general panic that ensued.
- The play The Two Orphans,read more Bridget Landregan is found beaten and strangled to death in the Boston suburb of Dorchester.
- According to witnesses, a man in black clothes and a flowing cape attempted to sexually assault the dead girl before running away.
In 1874, a man fitting the same description clubbed,read more In an effort to prop up an unpopular pro-Soviet regime in Afghanistan, the Soviet Union signs a “friendship treaty” with the Afghan government agreeing to provide economic and military assistance.
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What is the meaning of Amendment 4?
What Does the Fourth Amendment Mean? The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Whether a particular type of search is considered reasonable in the eyes of the law, is determined by balancing two important interests. On one side of the scale is the intrusion on an individual’s Fourth Amendment rights. On the other side of the scale are legitimate government interests, such as public safety.
The extent to which an individual is protected by the Fourth Amendment depends, in part, on the location of the search or seizure. Minnesota v. Carter, 525 U.S.83 (1998).
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What is the 105th Amendment of India?
References –
^ Jump up to: a b “Maratha Reservation”, Supreme Court Observer, Retrieved 5 April 2022, } : CS1 maint: url-status ( link ) ^ Jump up to: a b R, Mihir (24 August 2021). “Why Did Parliament Have to Pass the 105th Constitutional Amendment?”, Supreme Court Observer, Retrieved 5 April 2022, ^ Siddharth (5 May 2018). “Shahu ji Maharaj: The saviour king of the Backwards and Dalits”, Forward Press, Retrieved 5 April 2022, ^ State of Madras v. Champakam Dorairajan, AIR 1951 SC 226 (Supreme Court of India) ^ The National Commission for Backward Classes Act, 1993 ^ Report of the Select Committee on the Constitution (One Hundred and Twenty-Third Amendment) Bill, 2017 Rajya Sabha (19 July 2017). ^ Jaishri Laxmanrao Patil v Chief Minister, Maharashtra,5 May 2021 (Supreme Court of India). ^ Wadekar, Disha; Kisana, Ravikant (30 June 2021). “Missing the Mark”, The Caravan, Retrieved 5 April 2022, ^ R, Mihir (2 July 2021). “Maratha Review Dismissed: What Next?”, Supreme Court Observer, Retrieved 5 April 2022, ^ Lok Sabha Debates. Seventeenth Series, Vol. XIII No.15 (9 August 2021). Available at Text of Debates, Lok Sabha, ^ The Constitution (One Hundred and Twenty-seventh Amendment) Bill, 2021 Lok Sabha (9 August 2021). ^ Lok Sabha Debates. Seventeenth Series, Vol. XIII No.16 (10 August 2021). Available at Text of Debates, Lok Sabha, ^ “The Constitution (One Hundred and Twenty-seventh Amendment) Bill, 2021”, PRS Legislative Research, Retrieved 5 April 2022, ^ The Gazette of India Extraordinary Issue No.52 Part II – Section 1. CG-DL-E19082021-229155 (19 August 2021). ^ Ministry of Social Justice and Empowerment Notification S.O.4020(E) (19 September 2021). ^ The Constitution (One Hundred and Fifth Amendment) Act, 2021, ^ “Tamil Nadu’s Vanniyar Reservation”, Supreme Court Observer, Retrieved 5 April 2022, } : CS1 maint: url-status ( link ) ^ Pattali Makkal Katchi v Mayileruperumal, 31 March 2022 (Supreme Court of India)
What is 122nd Amendment?
The Constitution (122nd Amendment) (GST) Bill, 2014 Highlights of the Bill
The Bill amends the Constitution to introduce the goods and services tax (GST).
Parliament and state legislatures will have concurrent powers to make laws on GST. Only the centre may levy an integrated GST (IGST) on the interstate supply of goods and services, and imports.
Alcohol for human consumption has been exempted from the purview of GST. GST will apply to five petroleum products at a later date.
The GST Council will recommend rates of tax, period of levy of additional tax, principles of supply, special provisions to certain states etc. The GST Council will consist of the Union Finance Minister, Union Minister of State for Revenue, and state Finance Ministers.
The Bill empowers the centre to impose an additional tax of up to 1%, on the inter-state supply of goods for two years or more. This tax will accrue to states from where the supply originates.
Parliament may, by law, provide compensation to states for any loss of revenue from the introduction of GST, up to a five year period.
Key Issues and Analysis
An ideal GST regime intends to create a harmonised system of taxation by subsuming all indirect taxes under one tax. It seeks to address challenges with the current indirect tax regime by broadening the tax base, eliminating cascading of taxes, increasing compliance, and reducing economic distortions caused by inter-state variations in taxes.
The provisions of this Bill do not fully conform to an ideal GST regime. Deferring the levy of GST on five petroleum products could lead to cascading of taxes.
The additional 1% tax levied on goods that are transported across states dilutes the objective of creating a harmonised national market for goods and services. Inter-state trade of a good would be more expensive than intra-state trade, with the burden being borne by retail consumers. Further, cascading of taxes will continue.
The Bill permits the centre to levy and collect GST in the course of inter-state trade and commerce. Instead, some experts have recommended a modified bank model for inter-state transactions to ease tax compliance and administrative burden.
: The Constitution (122nd Amendment) (GST) Bill, 2014
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What is 106th Amendment of Indian Constitution?
The Constitution (One Hundred and Sixth Amendment) Bill, 2006
The Constitution (One Hundred and Sixth) Amendment Bill, 2006 proposes to insert a new part IX B in the Constitution (adding Articles 243ZH through 243ZT), which provides for incorporation, regulation and winding up of co-operative societies.
The Bill specifies the maximum number of Board members and the tenure of the members. Elections have to be held before the expiry of the term of the Board.
The Board of a co-operative society that has government shareholding or loans can be superseded for the maximum period of six months.
State governments can co-opt upto two nominees on the Board of a co-operative society.
The Bill specifies certain offences related to co-operative societies. State legislatures can define the penalties related to co-operative societies.
The Constitution lays down the framework for governance and the relationship of citizens and various state institutions. It is debatable whether governance mechanisms of voluntary bodies such as co-operatives should be specified in the Constitution.
Co-operative societies may be superseded without giving the Board an opportunity to explain the charges.
Only co-operatives with government shareholding can be superseded. This contradicts the Banking Regulation Act, 1949, which allows co-operative banks to be superseded by the Reserve Bank of India,
The powers of the Registrar of co-operative societies are not specified in the Bill. This leaves scope for interference by the Registrar in the running of co-operative societies.
: The Constitution (One Hundred and Sixth Amendment) Bill, 2006
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Why was Right to Education Act passed?
Right To Education (RTE) Act 2009 – Importance, Meaning, Facts The Parliament of India enacted the Right To Education Act 2009 to grapple with the downward spiral of the education system and poor learning outcomes. The act aims towards providing free and compulsory elementary education to kids between the age group of 6 years to 14 years,
- The Indian government wants every Indian child to get a quality education, irrespective of gender, caste, creed, and family income.
- The RTE Act was enacted on 4 August 2009, and since its inception, we have seen a lot of changes in the enrolment levels, equitable access, literacy rates of states and education standards.
Let us look at the impact of the right to education act and the important statistics you need to know.
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What is Article 21 A of the 86th Amendment of the Constitution?
National Portal of India An Act further to amend the Constitution of India. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Constitution (Eighty-sixth Amendment) Act, 2002.
- 2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.2.
- Insertion of new article 21A.- After article 21 of the Constitution, the following article shall be inserted, namely:- Right to education.- “21A.
- The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”.3.
Substitution of new article for article 45.- For article 45 of the Constitution,the following article shall be substituted, namely:-, Provision for early childhood care and education to children below the age of six years. “45. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”.4.
Amendment of article 51A.- In article 51A of the Constitution, after clause (J), the following clause shall be added, namely:- “(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.”. SUBHASH C. JAIN, Secy.
to the Govt. of India. : National Portal of India
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What is new in the Right to Education Act 2010?
Significance of RTE – With the passing of the Right to Education Act, India has moved to a rights-based approach towards implementing education for all. This Act casts a legal obligation on the state and central governments to execute the fundamental rights of a child (as per Article 21 A of the Constitution).
The Act lays down specific standards for the student-teacher ratio, which is a very important concept in providing quality education. It also talks about providing separate toilet facilities for girls and boys, having adequate standards for classroom conditions, drinking water facilities, etc. The stress on avoiding the urban-rural imbalance in teachers’ posting is important as there is a big gap in the quality and numbers regarding education in the villages compared to the urban areas in the country. The Act provides for zero tolerance against the harassment and discrimination of children. The prohibition of screening procedures for admission ensures that there would be no discrimination of children on the basis of caste, religion, gender, etc. The Act also mandates that no kid is detained until class 8. It introduced the Continuous Comprehensive Evaluation (CCE) system in 2009 to have grade-appropriate learning outcomes in schools. The Act also provides for the formation of a School Management Committee (SMC) in every school in order to promote participatory democracy and governance in all elementary schools. These committees have the authority to monitor the school’s functioning and prepare developmental plans for it. The Act is justiciable and has a Grievance Redressal mechanism that permits people to take action when the provisions of the Act are not complied with. The RTE Act mandates for all private schools to reserve 25 per cent of their seats for children from socially disadvantaged and economically backward sections. This move is intended to boost social inclusion and pave the way for a more just and equal country.
This provision is included in Section 12(1)(c) of the RTE Act. All schools (private, unaided, aided or special category) must reserve 25% of their seats at the entry-level for students from the Economically Weaker Sections (EWS) and disadvantaged groups. When the rough version of the Act was drafted in 2005, there was a lot of outcry in the country against this large percentage of seats being reserved for the underprivileged. However, the framers of the draft stood their ground and were able to justify the 25% reservation in private schools. This provision is a far-reaching move and perhaps the most important step in so far as inclusive education is concerned. This provision seeks to achieve social integration. The loss incurred by the schools as a result of this would be reimbursed by the central government.
The Act has increased enrolment in the upper primary level (Class 6-8) between 2009 and 2016 by 19.4%. In rural areas, in 2016, only 3.3% of children in the 6 – 14 years bracket were out of school.
