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Recently the Supreme Court held that an institution‟s right to government aid is not a fundamental right. Consider the following statements with respect to the Minority Educational Institutions:
1. Article 15 enables the State to create reservations for advancement of backward classes in minority educational institutes.
2. The Right to Education (RTE) Act, 2009 is not applicable to schools with minority status. Which of the statements given above is/are not correct?
2. The Right to Education (RTE) Act, 2009 is not applicable to schools with minority status. Which of the statements given above is/are not correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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Recently the Supreme Court held that an institutions right to governme...
- Recently the supreme court held that an institution’s right to government aid is not a fundamental right. This has an important impact on the interpretation of Article 30 of the Indian Constitution. The Supreme Court observed that “Whether it is an institution run by the majority or the minority, all conditions that have relevance to the proper utilisation of the grant-in-aid by an educational institution can be imposed. All that Article 30(2) states is that on the ground that an institution is under the management of a minority, whether based on religion or language, grant of aid to that educational institution cannot be discriminated against, if other educational institutions are entitled to receive aid'.
- In 2006, the 93rd Constitution Amendment Act inserted Clause (5) in Article 15 which enabled the State to create special provisions, such as reservations for advancement of any backward classes of citizens like Scheduled Castes and Scheduled Tribes, in all aided or unaided educational institutes, except minority educational institutes. Hence statement 1 is not correct.
- Article 30 of the Constitution states the right of minorities to establish and administer educational institutions, with a view to provide opportunities to children from different religious and linguistic minority communities to have and conserve a distinct culture, script and language. Subsequently, in 2012, through an amendment, the institutions imparting religious education were exempted from following the Right To Education (RTE) Act, 2009. Later on, in 2014, while discussing the validity of exemption under Article 15 (5), the Supreme Court declared the RTE Act inapplicable to schools with minority status with the view that the Act should not interfere with the right of minorities to establish and administer institutions of their choice. Hence statement 2 is correct
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Incorrect Statement Explanation:
- Statement 1: Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This means that minority educational institutions have the right to admit students based on their choice without any discrimination. Therefore, the State cannot impose reservations for backward classes in minority educational institutions as it goes against the fundamental right to equality.
- Statement 2: The Right to Education (RTE) Act, 2009 mandates free and compulsory education for children between the ages of 6 and 14. However, this Act does not apply to minority educational institutions as they have the autonomy to preserve their culture and language. These institutions are exempt from following the provisions of the RTE Act.
Therefore, the correct answer is option 'A' as only statement 1 is incorrect while statement 2 is correct.
- Statement 1: Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This means that minority educational institutions have the right to admit students based on their choice without any discrimination. Therefore, the State cannot impose reservations for backward classes in minority educational institutions as it goes against the fundamental right to equality.
- Statement 2: The Right to Education (RTE) Act, 2009 mandates free and compulsory education for children between the ages of 6 and 14. However, this Act does not apply to minority educational institutions as they have the autonomy to preserve their culture and language. These institutions are exempt from following the provisions of the RTE Act.
Therefore, the correct answer is option 'A' as only statement 1 is incorrect while statement 2 is correct.
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Recently the Supreme Court held that an institutions right to government aid is not a fundamental right. Consider the following statements with respect to the Minority Educational Institutions:1. Article 15 enables the State to create reservations for advancement of backward classes in minority educational institutes.2. The Right to Education (RTE) Act, 2009 is not applicable to schools with minority status. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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Recently the Supreme Court held that an institutions right to government aid is not a fundamental right. Consider the following statements with respect to the Minority Educational Institutions:1. Article 15 enables the State to create reservations for advancement of backward classes in minority educational institutes.2. The Right to Education (RTE) Act, 2009 is not applicable to schools with minority status. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Recently the Supreme Court held that an institutions right to government aid is not a fundamental right. Consider the following statements with respect to the Minority Educational Institutions:1. Article 15 enables the State to create reservations for advancement of backward classes in minority educational institutes.2. The Right to Education (RTE) Act, 2009 is not applicable to schools with minority status. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Recently the Supreme Court held that an institutions right to government aid is not a fundamental right. Consider the following statements with respect to the Minority Educational Institutions:1. Article 15 enables the State to create reservations for advancement of backward classes in minority educational institutes.2. The Right to Education (RTE) Act, 2009 is not applicable to schools with minority status. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
Recently the Supreme Court held that an institutions right to government aid is not a fundamental right. Consider the following statements with respect to the Minority Educational Institutions:1. Article 15 enables the State to create reservations for advancement of backward classes in minority educational institutes.2. The Right to Education (RTE) Act, 2009 is not applicable to schools with minority status. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Recently the Supreme Court held that an institutions right to government aid is not a fundamental right. Consider the following statements with respect to the Minority Educational Institutions:1. Article 15 enables the State to create reservations for advancement of backward classes in minority educational institutes.2. The Right to Education (RTE) Act, 2009 is not applicable to schools with minority status. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Recently the Supreme Court held that an institutions right to government aid is not a fundamental right. Consider the following statements with respect to the Minority Educational Institutions:1. Article 15 enables the State to create reservations for advancement of backward classes in minority educational institutes.2. The Right to Education (RTE) Act, 2009 is not applicable to schools with minority status. Which of the statements given above is/are not correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
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