Which Article Provides Education As Fundamental Duty?

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Which Article Provides Education As Fundamental Duty
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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What is Article 51a K?

(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.
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Is Article 13 fundamental rights?

13. Laws inconsistent with or in derogation of the fundamental rights: –

  1. All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
  2. The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
  3. In this article, unless the context otherwise requires law includes any Ordinance, order, bye law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force includes laws passed or made by Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas
  4. Nothing in this article shall apply to any amendment of this Constitution made under Article 368

Article 13 aids the court and citizens to keep the powers of the legislature under preview. Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty on the Indian State to respect and implement the fundamental right.

  1. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.
  2. The judiciary plays a very important role as a protector of the constitutional rights.
  3. The primary responsibility for implementation of the rule of law lies that the judiciary.

It is the significance of judicial review, to ensure that democracy is inclusive and there is accountability of everyone who wields or Exercises public power. The principle of judicial review becomes an essential feature of Indian constitution. The power of judicial review is incorporated in article 226 and 227 of the Constitution as the high courts are concerned and in regard to Supreme Court article 32 and 136 of the Constitution.

Judicial review is the power of go to pronounce upon the constitutionality of legislative acts which fall within their normal jurisdiction to enforce and the power to refuse to enforce such as they find to be unconstitutional and hence void. There is a saying that power corrupts a man and absolute power corrupts absolutely.

Therefore any act of the ordinary lawmaking bodies which country wins the provisions of the supreme law must be void Background of judicial review The doctrine of judicial review was for the first time propounded by the Supreme Court of America. Originally there was no express provision for judicial review under Constitution of America.
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What is Article 51A G?

Article 51A(g) in The Constitution Of India 1949. (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures ; Select Language.
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Is Article 45 a fundamental right?

THE CONSTITUTION (EIGHTY-SIXTH AMENDMENT) ACT, 2002|Legislative Department | Ministry of Law and Justice | GoI

  • THE CONSTITUTION (EIGHTY-SIXTH AMENDMENT) ACT, 2002
  • 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.

  1. 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.
  2. Substitution of new article for article 45.- For article 45 of the Constitution, the following article shall be substituted, namely:-,
  3. Provision for early childhood care and education to children below the age of six years.
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“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. STATEMENT OF OBJECTS AND REASONS The Constitution of India in a Directive Principle contained in article 45, has ‘made a provision for free and compulsory education for all children up to the age of fourteen years within ten years of promulgation of the Constitution.

We could not achieve this goal even after 50 years of adoption of this provision. The task of providing education to all children in this age group gained momentum after the National Policy of Education (NPE) was announced in 1986. The Government of India, in partnership with the State Governments, has made strenuous efforts to fulfil this mandate and, though significant improvements were seen in various educational indicators, the ultimate goal of providing universal and quality education still remains unfulfilled.

  1. In order to fulfil this goal, it is felt that an explicit provision should be made in the Part relating to Fundamental Rights of the Constitution.2.
  2. With a view to making right to free and compulsory education a fundamental right, the Constitution (Eighty-third Amendment) Bill, 1997 was introduced in Parliament to insert a new article, namely, article 21 A conferring on all children in the age group of 6 to 14 years the right to free and compulsory education.

The said Bill was scrutinised by the Parliamentary Standing Committee on Human Resource Development and the subject was also dealt with in its 165th Report by the Law Commission of India.

  1. 3. After taking into consideration the report of the Law Commission of India and the recommendations of the Standing Committee of Parliament, the proposed amendments in
  2. Part III, Part IV and Part IVA of the Constitution are being made which are as follows:-
  3. (a) to provide for free and compulsory education to children in the age group of 6 to 14 years and for this purpose, a legislation would be introduced in Parliament after the Constitution (Ninety-third Amendment) Bill, 200l is enacted;
  4. (b) to provide in article 45 of the Constitution that the State shall endeavour to provide early childhood care and education to children below the age of six years; and
  5. (c) to amend article 5lA of the Constitution with a view to providing that it shall be the obligation of the parents to provide opportunities for education to their children.

3. The Bill seeks to achieve the above objects.

  • MURLI MANOHAR JOSHI.
  • NEWDELHI;
  • The 16th November, 2001.

: THE CONSTITUTION (EIGHTY-SIXTH AMENDMENT) ACT, 2002|Legislative Department | Ministry of Law and Justice | GoI
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What is Article 13 A?

ARTICLE 13 deals with the laws inconsistent with or in derogation of the fundamental rights.
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What are the 14 fundamental rights?

Classification of Fundamental Rights

Classification of Fundamental Rights Article Deals With
Right to Equality 14 Equality Before Law
15 Prohibition of Discrimination
16 Equality of Opportunity in Public Employment
17 Abolition of Untouchability
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What is Article 48A and 51A G?

Article 48A, interalia, provides that the State shall endeavour to protect and improve the environment. Similarly Article 51A(g), inter alia, casts a duty on every citizen of India to protect and improve the natural environment.
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What is Article 48A Class 11?

48A. Protection and improvement of environment and safeguarding of forests and wild life The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
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Is Article 51A enforceable?

Which Article Provides Education As Fundamental Duty Part IVA of the Indian Constitution deals with Fundamental Duties. As of now, there are 11 Fundamental duties. Originally, the Constitution of India did not contain these duties. Fundamental duties were added by 42nd and 86th Constitutional Amendment acts.
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What is the use of Article 51?

Repertory of Practice of United Nations Organs — Codification Division Publications Last update: August 23, 2016 ” Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.

Extracts PDF
Repertory of Practice (1945–1954), volume 2
Supplement No 1 (1954–1955), volume 1
Supplement No 2 (1955–1959), volume 2
Supplement No 3 (1959–1966), volume 2
Supplement No 4 (1966–1969), volume 1
Supplement No 5 (1970–1978), volume 2
Supplement No 6 (1979–1984), volume 3

Repertory of Practice of United Nations Organs — Codification Division Publications
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How many duties are there in Article 51A?

Fundamental Duties of Indian Citizens- Part IV-A 42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution.86th Amendment Act 2002 later added 11th Fundamental Duty to the list. Swaran Singh Committee in 1976 recommended Fundamental Duties, the necessity of which was felt during the internal emergency of 1975-77.

The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian Constitution. The topic is important for as questions are recurring in all its three stages- Prelims, Mains and Interview. This article will mention in detail the 11 Fundamental Duties and their importance in India. The topic forms a significant part of UPSC Political Science, which is one of the major subjects in Prelims, Mains GS-II and also optional under the,

Fundamental Duties – Indian Polity Notes:-
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What is Article 51A Part IV A?

Fundamental Duties (Article 51A)- List of Fundamental Duties –

Constitutional Article Provision
Art.51 A (a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
Art.51 A (b) To cherish and follow the noble ideals which inspired our national struggle for freedom.
Art.51 A (c) To uphold and protect the sovereignty, unity, and integrity of India.
Art.51 A (d) To defend the country and render national services when called upon to do so.
Art.51 A (e) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
Art.51 A (f) To value and preserve the rich heritage of our composite culture.
Art.51 A (g) To value, protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
Art.51 A (h) To develop the scientific temper, humanism, and spirit of inquiry and reform.
Art.51 A (i) To safeguard public property and to abjure violence.
Art.51 A (j) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.
Art.51 A (k) Duty of the parent or guardian to provide opportunities for education to his child, as the case may be, between the age of six and fourteen.

List of Fundamental Rights
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