EDUCATION AS A FUNDAMENTAL RIGHT

SATISH MISHRA , PGT CS ,KENDRIYA VIDYALAYA TRIMULGHERRY

CONSTITUTION ?

• Constitution – Fundamental /Supreme law of the land .• Any law/Act not in conformity with

constitution can be set aside by the Supreme Court or High Court.

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 with

fundamental rights .

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

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 free and compulsory education for all children until they complete the age of fourteen years.

(*Amended)

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 have jurisdiction and is empowered to hear the case and issue a ruling.

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 14 years (fundamental right).

• 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)

Article 45

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

disadvantaged communities 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 recognition cancelled.

• Financial burden will be shared between state and central government.

• No teacher shall engage himself or herself in any private tuitions.

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 “weaker section and disadvantaged group”.

Contact : satishkumarmishra@gmail.com