Right To Education Is Guaranteed Under Which Article?

0 Comments

Right To Education Is Guaranteed Under 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.

  1. 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.
  2. 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
View complete answer

What does Article 45 say?

What does Article 45 say? Answer at BYJU’S IAS Article 45 talks about the provision for free and compulsory education for children. It states that “The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years”.
View complete answer

Which article is right to education 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.
View complete answer

Does Article 21 come right to education?

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
View complete answer

What does Article 21A stand for?

What is Article 21 A? Article 21 A states that the State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State may by law determine. Read more on the Right to Education Act.
View complete answer

You might be interested:  Why Is Experience Better Than Education?

What is Article 47 written?

From Wikipedia, the free encyclopedia Jump to navigation Jump to search India’s constitution is very vast. There is a separate article for each and every prospective. Article 47 of The Constitution of India is one of the Directive Principles which directs the State to raise the level of nutrition and the standard of living and to improve public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of intoxicating drinks and drugs which are injurious to health.
View complete answer

What is Article 44 is related to?

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.

  1. He thus faced severe criticism from the opposition but Nehru later supported Ambedkar’s reforms and demand for a Uniform Civil Code.
  2. Although a Uniform Civil Code was not introduced at the time, a Hindu Bill was introduced to ensure modern reformation of Hindu Society.
  3. 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”.
View complete answer

What is Article 48 A?

Article 48 of the Constitution of India Article of the Constitution of India Article 48 of the is one of the which directs the state to make efforts for banning of cows and calves and other milch and draught cattle. It further states to organise and on modern and scientific lines.
View complete answer

When was Article 21A introduced?

Reasons behind the enactment of the Right To Education Act, 2009 – The reasons behind the enactment of the Right to Education Act, 2009 have been provided hereunder:

  1. 1950: Article 45 of the Indian Constitution lists it as one of the Directive Principles of State Polices.
  2. 1968: Dr. Kothari was put in charge of the First National Commission for Education, which submitted its reports concerning education as a right.
  3. 1976: The Constitution was amended to make education a concurrent issue that falls under both Central and state jurisdiction (42nd Amendment of the Indian Constitution).
  4. 1986: The Common School System (CSS) was supported by the National Policy on Education (NPE), which was developed but not put into practice.
  5. 1993: The Right to Education was recognised as a fundamental right that followed the Right to Life under Article 21 of the Indian Constitution, according to the Supreme Court’s decision in the case of Mohini Jain v. State of Karnataka (1992) and Unni Krishnan v. State of Andhra Pradesh (1993).
  6. 2002: Article 21A was added to the Constitution as part of the 86th Amendment, which also altered Article 45 and added a new basic responsibility under Article 51A(k).
  7. 2005: The Central Advisory Board of Education (CABE) Committee report, which was formed to design the Right to Education Bill, had been submitted.
  8. 2009: The Right of Children to Free and Compulsory Education Act, 2009 came into the picture.

Right To Education Is Guaranteed Under Which Article To give effect to Article 21A of the Constitution, the Right of Children to Free and Compulsory Education Act, 2009, was passed. It said that the state would provide free and mandatory education to children between the ages of 6 and 14 years old, incorporating the right to primary education.

  • In 2008, six years after the Indian Constitution underwent an amendment (86th Amendment, 2002), the Cabinet approved the Right to Education Bill.
  • The Cabinet adopted the measure on July 2, 2009.
  • The bill was approved by both the Rajya Sabha and Lok Sabha on July 20, 2009, and August 4, 2009, respectively.

The Act was notified as legislation on September 3, 2009, after receiving the President’s approval. With the exception of the state of Jammu and Kashmir, the law took effect on 1st April 2010 throughout the nation. The Act provides for the following:

  1. Every child between the ages of 6 and 14 has a fundamental right to free, obligatory education in schools up to the completion of elementary education.
  2. Children who have either quit school or have not shown up at any school will be enrolled in the schools, and no school will be able to refuse to accept them.
  3. In order to admit pupils from economically disadvantaged and weaker sections of society to class one, private and independent educational institutions must set aside 25% of their seats.
  4. A child’s age must be established for admission to a school based on a certificate issued in accordance with the terms of the birth, death, and Marriage Registration Act of 1856 or on the basis of any other documents that may be required.
  5. The Act’s implementation will be supervised by the state commission and the National Commission for the Protection of Children’s Rights (NCPCR).
  6. School management committees of 75% of parents and guardians are required to oversee all schools, with the exception of private unaided institutions.
  7. The mother tongue of the child will be used as the instruction medium, and a thorough and ongoing system of performance evaluation will be used.
  8. A number of teachers for classes 1st to 5th:
  • Admitted children (up to 60): The number of teachers required is 2.
  • Children between (61-90): The number of teachers required is 3.
  • Children between (91-120): 4 teachers are required.
  • Above 150 children: 5 teachers + 1 head teacher.
  1. The ratio of financial responsibilities between the Central Government and each state will be 55:45. For the northeastern state, it will be 90:10.
  2. Building:
  • At least one classroom for every teacher and one office-cum-store-cum-head teacher’s room.
  • Separate toilets for girls and boys.
  • A kitchen where a mid-day meal is prepared.
  • One playground.
  • Safe and adequate drinking water facility.

A minimum number of working days:

  • 200 working days for 1-5th class.
  • 220 working days for 6-8th class.

Instructional hours:

  • 800 Instructional hours per academic year for the 1st-5th class.
  • 1000 Instructional hours per academic year for the 6th-8th class.
  1. The Act mandates the presence of libraries in each school, providing newspapers, magazines & books.
  2. According to the RTE Act, children who live within “the prescribed area or borders of neighbourhood” should have access to primary schools:
  • Primary school within 1km.
  • Elementary schools within 3km.
  1. The Act establishes the disabled population’s Right to Education up to the age of 18.
  2. The Act prohibits both physical and psychological abuse, procedures for screening youngsters who are being admitted, capitation costs, teachers providing private instruction and operating schools without authorisation.

View complete answer

What is Article 26 right to education?

Towards a culture of human rights – “All roads lead to Rome” is a common idiom meaning that there are many ways of getting to your goal. Just as all roads lead to Rome, so there are many different ways to delivering HRE. Thus, human rights education is perhaps best described in terms of what it sets out to achieve: the establishment of a culture where human rights are understood, defended and respected, or to paraphrase the participants of the 2009 Forum on Human Rights Education with Young People, “a culture where human rights are learned, lived and ‘acted’ for”.

You might be interested:  Who Is The Father Of Pharmacy Education?

A human rights culture is not merely a culture where everyone knows their rights, because knowledge does not necessarily equal respect, and without respect we shall always have violations. So how can we describe a human rights culture and what qualities would its adherents have? The authors of this manual worked on these questions and have formulated some (but not exclusive) answers.

A human rights culture is one where people:

Have knowledge about and respect for human rights and fundamental freedoms Have a sense of individual self-respect and respect for others; they value human dignity Demonstrate attitudes and behaviours that show respect for the rights of others Practise genuine gender equality in all spheres Show respect, understanding and appreciation of cultural diversity, particularly towards different national, ethnic, religious, linguistic and other minorities and communities Are empowered and active citizens Promote democracy, social justice, communal harmony, solidarity and friendship between people and nations Are active in furthering the activities of international institutions aimed at the creation of a culture of peace, based upon universal values of human rights, international understanding, tolerance and non-violence.

These ideals will be manifested differently in different societies because of differing social, economic, historical and political experiences and realities. It follows that there will also be different approaches to HRE. There may be different views about the best or most appropriate way to move towards a culture of human rights, but that is as it should be.
View complete answer

Why is right to education an extension of Article 21?

Key Points –

Constitutional Provisions for Right To Education:

Originally Part IV of Indian Constitution, Article 45 and Article 39 (f) of DPSP, had a provision for state funded as well as equitable and accessible education. The first official document on the Right to Education was the Ramamurti Committee Report in 1990. In 1993, the Supreme Court’s landmark judgment in the Unnikrishnan JP vs State of Andhra Pradesh & Others held that Education is a Fundamental right flowing from Article 21. Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A. The 86 th Constitutional Amendment in 2002, provided Right to Education as a fundamental right in Part-III of the Constitution.

It inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years. It provided for a follow-up legislation Right to Education Act 2009,

Feature of Right to Education (RTE) Act, 2009:

The RTE Act aims to provide primary education to all children aged 6 to 14 years. Section 12(1)(c) mandates that non-minority private unaided schools should reserve at least 25% of seats in entry-level grades for children from economically weaker and disadvantaged backgrounds. It also makes provisions for a non-admitted child to be admitted to an age appropriate class. It also states about sharing of financial and other responsibilities between the Central and State Governments.

Education in the Indian constitution is a concurrent issue and both centre and states can legislate on the issue.

It lays down the norms and standards related to: Pupil Teacher Ratios (PTRs), Buildings and infrastructure, School-working days, Teacher-working hours. 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.

Physical punishment and mental harassment. Screening procedures for admission of children. Capitation fee. Private tuition by teachers. Running of schools without recognition.

It focuses on making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.

Argument for Extension of Free Education under RTE beyond Class 8 for EWS:

The parents of children are required to pay hefty fees to unaided private schools in classes 9 and onwards which they can not afford. Changing school from unaided private to government after class 8 may affect the children’s state of mind and education and thus, an extension of the RTE benefits will ensure continuity in the education.

Source:IE
View complete answer

What is Article 22 of the Constitution?

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.
View complete answer

What is Article 21 called?

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.
View complete answer

What is Article 31A?

Article 31A in The Constitution Of India 1949.31A. Saving of laws providing for acquisition of estates, etc ( 1 ) Notwithstanding anything contained in Article 13, no law providing for. (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or.
View complete answer

When was 86th amendment passed?

An Act further to amend the Constitution of India.1.
View complete answer

Why are the articles 24 39 and 45 of Indian Constitution is so important?

Articles related to Children in Constitution of India Published: February 24, 2016 At present, there are five articles in the constitution of India which have Children as their special focus. These articles are Article 21A, 24, 39 & 45 and 51A (k). Thus special provisions for children find place in our constitution in Fundamental Rights, Directive Principles as well as Fundamental Duties.

Article 21A: The Right to Education inserted in constitution via 86 th amendment act. Article 24: No child below the age of 14 years shall be employed to work in any factory or mine or engaged in hazardous employment. Article 39 (f): The State shall, in particular, direct its policy towards securing—(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. Article 45 : The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years. Article 51A (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.

The 86th amendment Act 2002 had amended Fundamental Rights, Directive Principles as well as Fundamental Duties as follows:
View complete answer

What is Article 47 of Dpsp?

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.47.
View complete answer

Which article deals with prohibition of liquor?

Article 47 in The Constitution Of India 1949.
View complete answer

Who is covered by Article 45?

Article 45 – Freedom of movement and of residence – 1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States.2. Freedom of movement and residence may be granted, in accordance with the Treaties, to nationals of third countries legally resident in the territory of a Member State. Explanations

Text: The right guaranteed by paragraph 1 is the right guaranteed by Article 20(2)(a) of the Treaty on the Functioning of the European Union (cf. also the legal base in Article 21; and the judgment of the Court of Justice of 17 September 2002, Case C-413/99 Baumbast ECR I-7091). In accordance with Article 52(2) of the Charter, those rights are to be applied under the conditions and within the limits defined by the Treaties. Paragraph 2 refers to the power granted to the Union by Articles 77, 78 and 79 of the Treaty on the Functioning of the European Union. Consequently, the granting of this right depends on the institutions exercising that power. Source: Official Journal of the European Union C 303/17 – 14.12.2007

Case Law References

V. v Stolichna obshtina, rayon „Pancharevo” Decision date: 14 December 2021 Deciding body type: Court of Justice of the European Union Deciding body: Court (Grand Chamber) ECLI (European case law identifier): ECLI:EU:C:2021:1008 Ordre des barreaux francophones et germanophone and Others v Conseil des ministres Decision date: 22 June 2021 Deciding body type: Court of Justice of the European Union Deciding body: Court (Grand Chamber) Policy area: Free movement and equality ECLI (European case law identifier): ECLI:EU:C:2021:505 FS v Staatssecretaris van Justitie en Veiligheid Decision date: 22 June 2021 Deciding body type: Court of Justice of the European Union Deciding body: Court (Grand Chamber) Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:EU:C:2021:506 Decision date: 10 December 2020 Deciding body type: Court of Justice of the European Union Deciding body: Court (Tenth Chamber) Policy area: Employment and social policy ECLI (European case law identifier): ECLI:EU:C:2020:1022 SIA „KOB” v Madonas novada pašvaldības Administratīvo aktu strīdu komisija Decision date: 11 June 2020 Deciding body type: Court of Justice of the European Union Deciding body: Court (Sixth Chamber) Policy area: Free movement and equality ECLI (European case law identifier): ECLI:EU:C:2020:463 claimant: XX, an individual, Hungarian national, against the defendant: General Prosecutors Office of the Slovak Republic (hereinafter only as “General Prosecutors Office”) Decision date: 11 February 2020 Deciding body type: National Court/Tribunal Deciding body: Constitutional Court ECLI (European case law identifier): ECLI:SK:USSR:2020:1.US.183/2019 Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne Decision date: 05 June 2018 Deciding body type: Court of Justice of the European Union Deciding body: Court (Grand Chamber) ECLI (European case law identifier): ECLI:EU:C:2018:385 Decision date: 13 July 2017 Deciding body type: National Court/Tribunal Deciding body: Supreme Court Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:HR:VSRH:2017:918 P.M.S. v the National Council for Combatting Discrimination Decision date: 03 March 2017 Deciding body type: National Court/Tribunal Deciding body: Alba Iulia Court of Appeal ECLI (European case law identifier): Kristian Bekefi et al v The Republic of Cyprus through the Minister of the Interior Decision date: 30 June 2016 Deciding body type: National Court/Tribunal Deciding body: Supreme Court, Appeal Jurisdiction ECLI (European case law identifier):

You might be interested:  How Physical Education Is Beneficial For Health?

National Constitutional Law
View complete answer

Is Article 45 removed?

Saikia Committee – Later, in 1994, the United Front Government resolved to make elementary education a fundamental right, which it would enforce through appropriate legislation. As a result, it received a lot of attention in the ‘ Common Minimum Programme,’ and the Saikia Committee (1997) was created to look into the idea’s economic feasibility.

The following recommendation was made in the Committee’s report: ” The Indian Constitution should be amended to make the right to free elementary education for children up to the age of 14 a fundamental right.” Simultaneously, an express provision in the Constitution should be enacted to make it a basic duty of every citizen who is a parent to provide all children under the age of 14 with opportunities for elementary education,” During the Monsoon Session of Parliament, the government embraced the committee’s recommendations and tabled the Constitution ( 83rd Amendment Bill,1997 ) in the Lok Sabha.

The “Department-Related Parliamentary Standing Committee on Human Resource Development” was entrusted with the task of reviewing the Bill. The following was the effect of the proposed constitutional change:

After Article 21 of the Constitution, the following Article should be introduced:

“21A. (1) The state shall provide free and compulsory education to all citizens aged six to fourteen years.”

(2) The State shall enforce the right to free and compulsory education referred to in Sub-section (1) in the manner authorised by law. (3) The state may not enact any law relating to educational institutions that are not maintained by the state or receive state subsidies in order to fulfil the requirements of clause (2) for free and compulsory education.

Article 35 of the Constitution shall be renumbered as clause (1) of that Article, and the following clause shall be inserted after clause (1) as so renumbered and before the Explanation: “(2) The competent legislature shall make the law for the enforcement of the right to free and compulsory education referred to in clause (1) of Article 21A within one year of the commencement of the Constitution (Eighty-third Amendment) Act, 1997”

“Provided, however, that any provision of any law relating to free and compulsory education in force in a State immediately before the commencement of the Constitution (Eighty-third Amendment) Act, 1997 that is inconsistent with the provisions of Article 21A shall remain in force until amended or repealed by a competent legislature or other competent authority, or until one year after such commencement, whichever is earlier.”

  1. The Constitution’s Article 45 shall be removed.
  2. The following sentence must be inserted after clause (1) in Article 51A of the Constitution: “(k) to provide educational opportunities to a child between the ages of six and fourteen years of whom such a citizen is a parent or guardian.”

In November 1997, the Department Related Parliamentary Standing Committee presented its report to both houses of Parliament, proposing that the Bill be passed with the recommended amendments. The following are the committee’s main recommendations: i. Article 45 must be preserved in order to satisfy the needs of children aged 0 to 6.

ii. The proposed Article 21-A clause (3) relating to private institutions must be removed. iii. The central government should prepare a skeleton statue, with each state developing the specifics depending on their own requirements. As a result, the Constitution 93rd Amendment Bill, 2001 was revised and reintroduced in Parliament, replacing the Constitutional 83rd Amendment Bill, 1997.

The 93rd Bill was introduced to amend the Constitution in three different ways:

  • Add Article 21-A after Article 21 to say that ” the state should offer free and compulsory education to all children aged 6–14 years in such a manner as the State may by law designate “.
  • Change Article 45 ‘s wording to ” The State shall endeavour to provide early childhood care and education for all children until they reach the age of six. ”
  • Add clause (k) following clause (j) under Article 51A stating ” Who is a parent or guardian to provide educational opportunities to his child or, as the case may be, ward, between the ages of 6 and 14 years,” As a consequence of the unanimous passage of the bill, the 86th Constitutional Amendment Act was enacted.

The 86th Amendment was established to ensure that children under the age of 14 have access to free and compulsory formal education. Article 21A outlines the commitment of the state to provide children with free and compulsory education. This article, on the other hand, also requires the state to offer a child aged 6 to 14 years suitable schooling and education, which will be delivered by the state utilizing whatever methods are available.

This article also stipulates that such children must have access to schools within a reasonable distance of their homes and that it is the responsibility of their parents to ensure that their children attend school. According to the Act, every child aged 6 to 14 has the right to an environment that provides early childhood care as well as the opportunity for quality education.

The 86th Amendment has the effect of strengthening and developing the Indian educational system. This has allowed all children to finish their primary school education with their parents and guardians. This legislation is essential not only for young children but also for obtaining an education regarding children’s rights, such as the right to proper schooling in a nearby location and access to quality education.

The Act was passed to achieve these goals by ensuring that every child obtains quality education and has access to basic amenities such as classrooms, skilled teachers, and a safe environment for children. Instead of dropping out of school, children who do not complete elementary education by this age will be able to catch up later.

The ‘Right of Children to Free and Compulsory Education Act, 2009,’ also known as the Right to Education (RTE) Act, 2009, was passed to put into effect the 86th Constitutional Amendment Act of 2002. This act is arranged into seven chapters and 38 sections.

The title of the RTE Act includes the words ‘free’ and ‘compulsory’. Free education implies that no child, excluding those enrolled by their parents in a school not funded by the applicable State Government, would be asked to pay any fee, charge, or expenditure that may prevent them from pursuing and finishing primary education.

The phrase ‘compulsory education’ implies that the responsible government and local authorities must provide and ensure that all children aged 6 to 14 have access to and complete primary education.
View complete answer

What is the 45th Amendment?

Forty-fifth Amendment of the Constitution of India The Constitution (Forty-fifth Amendment) Act, 1980

An Act further to amend the Constitution of India.

CitationTerritorial extentPassed byPassed24 January 1980Passed byPassed25 January 1980Assented to14 April 1980Signed byCommenced25 January 1980Date of expiry26 January 1990Legislative historyFirst chamber: titleThe Constitution (Forty-fifth Amendment) Bill, 1980Bill published on16 January 1980Introduced byRelated legislation,,, and AmendmentsSummaryExtended the period of reservation of seats for the and in the Lok Sabha and the State Legislative Assemblies till 1990.

Status: The Forty-fifth Amendment of the, officially known as The Constitution (Forty-fifth Amendment) Act, 1980, extended the period of reservation of seats for the and representation of the in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 1990. Article 334 of the Constitution had originally required the reservation of seats to cease in 1960, but this was extended to 1970 by the, and the 23rd Amendment extended this period to 1980.

The 45th Amendment extended the period of reservation to 1990. The period of reservation was extended to 2000, 2010, 2020 and 2030 by the,, and Amendments respectively.
View complete answer