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”.
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