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The scope of the Article 21 of the Constitution was expanded to include Right of Education, because of the decision of Supreme Court in the case
- a)Unnikrishnan v/s Andhra Pradesh
- b)Govind v/s State of Madhya Pradesh
- c)Parmanand Katara v/s Union of India
- d)Chameli Singh v/s State of Uttar Paradesh
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
The scope of the Article 21 of the Constitution was expanded to includ...
The correct answer is Unnikrishnan v/s Andhra Pradesh.
- The right to education became a fundamental right by the 86th amendment of 2002.
- The scope of Article 21 of the constitution was expanded to include the Right of Education, because of the decision of the Supreme Court in the case of Unnikrishnan v/s Andhra Pradesh.
- The Supreme court’s landmark judgment in the Unnikrishnan JP vs State of Andhra Pradesh was in 1993.
- This case expressed disagreement with the finding in the earlier case of Mohini Jain v State of Karnataka 1992.
- The 86th constitutional amendment inserted Article 21 A into the Indian constitution.
- Article 21 A says that the state shall provide free and compulsory education to all children in the age-group of 6-14.
- The Right to education act came into force on 1st April 2010.
- The case of Govind v. State of Madhya Pradesh is the landmark case associated with the right to privacy.
- The case of Parmanand Katara v/s Union of India is associated with the obligation on the State to preserve life.
- The case of Chameli Singh v/s State of Uttar Pradesh is associated with the right to shelter as a component of the right to life under Article 21 and freedom of movement under Article 19(1)(e).
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The scope of the Article 21 of the Constitution was expanded to includ...
The correct answer is option 'A', Unnikrishnan v/s Andhra Pradesh.
Explanation:
- Article 21 of the Indian Constitution guarantees the protection of life and personal liberty to every citizen of India. It embodies the fundamental right to live with dignity and freedom from any form of exploitation or oppression.
- The right to education is not explicitly mentioned in the Constitution as a fundamental right, but it is considered a part of the right to life and personal liberty under Article 21.
- The Supreme Court of India, in the landmark case of Unnikrishnan v/s Andhra Pradesh (1993), expanded the scope of Article 21 to include the right to education as a fundamental right.
- The case was filed by a group of private schools challenging the constitutionality of the Andhra Pradesh Government's order to regulate the fees charged by private schools.
- The Supreme Court, in its verdict, held that education is a fundamental right guaranteed under Article 21 and that the State has a duty to ensure that every citizen has access to education.
- The Court also held that the right to education includes not only access to education but also the quality of education, which should be in accordance with the standards set by the State.
- The Court further held that the State has the power to regulate private schools to ensure that they provide education of a certain standard and that the fees charged by them are reasonable and affordable to all.
- This landmark judgment paved the way for the Right to Education Act, 2009, which made education a fundamental right for all children between the ages of 6 and 14 and mandated that every child has the right to free and compulsory education.
Explanation:
- Article 21 of the Indian Constitution guarantees the protection of life and personal liberty to every citizen of India. It embodies the fundamental right to live with dignity and freedom from any form of exploitation or oppression.
- The right to education is not explicitly mentioned in the Constitution as a fundamental right, but it is considered a part of the right to life and personal liberty under Article 21.
- The Supreme Court of India, in the landmark case of Unnikrishnan v/s Andhra Pradesh (1993), expanded the scope of Article 21 to include the right to education as a fundamental right.
- The case was filed by a group of private schools challenging the constitutionality of the Andhra Pradesh Government's order to regulate the fees charged by private schools.
- The Supreme Court, in its verdict, held that education is a fundamental right guaranteed under Article 21 and that the State has a duty to ensure that every citizen has access to education.
- The Court also held that the right to education includes not only access to education but also the quality of education, which should be in accordance with the standards set by the State.
- The Court further held that the State has the power to regulate private schools to ensure that they provide education of a certain standard and that the fees charged by them are reasonable and affordable to all.
- This landmark judgment paved the way for the Right to Education Act, 2009, which made education a fundamental right for all children between the ages of 6 and 14 and mandated that every child has the right to free and compulsory education.
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The scope of the Article 21 of the Constitution was expanded to include Right of Education, because of the decision of Supreme Court in the casea)Unnikrishnan v/s Andhra Pradeshb)Govind v/s State of Madhya Pradeshc)Parmanand Katara v/s Union of Indiad)Chameli Singh v/s State of Uttar ParadeshCorrect answer is option 'A'. Can you explain this answer?
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