Which one of the following statements iscorrect about the Right to Edu...
Statement: This provision makes only elementary education and not higher education a fundamental right.
Explanation:
The Right to Education (RTE) is a fundamental right in India that guarantees free and compulsory education for children between the ages of 6 and 14 years. Let's analyze each statement to determine the correct answer.
Statement (a): It was added after the passage of the Right to Education (RTE) act.
This statement is incorrect. The Right to Education act was enacted in 2009, and it did not add or introduce the right to education. The right to education is derived from Article 21A of the Indian Constitution, which was added by the 86th Amendment in 2002.
Statement (b): There was no provision in the constitution for free and compulsory education for children before the 86th amendment.
This statement is correct. Before the 86th Amendment, the Indian Constitution did not explicitly mention the right to education as a fundamental right. The 86th Amendment added Article 21A, which provides for free and compulsory education for all children between the ages of 6 and 14 years.
Statement (c): It includes that the state shall endeavor to provide education for all children until they complete the age of six years.
This statement is incorrect. The Right to Education under Article 21A specifically applies to children between the ages of 6 and 14 years. It does not include the age group below six years.
Statement (d): This provision makes only elementary education and not higher education a fundamental right.
This statement is correct. The Right to Education under Article 21A guarantees free and compulsory education for children in the age group of 6 to 14 years, which corresponds to elementary education. However, it does not explicitly include higher education as a fundamental right.
Therefore, the correct answer is option 'D' - This provision makes only elementary education and not higher education a fundamental right.
Which one of the following statements iscorrect about the Right to Edu...
Right to Education:
- Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine. Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education. Hence, option (d) is the correct answer.
- This provision was added by the 86th Constitutional Amendment Act of 2002. This amendment is a major milestone in the country’s aim to achieve ‘Education for All’. The government described this step as ‘the dawn of the second revolution in the chapter of citizens’ rights’.
- Even before this amendment, the Constitution contained a provision for free and compulsory education for children under Article 45 in Part IV. Hence, option (b) is not correct.
- However, being a directive principle, it was not enforceable by the courts. Now, there is scope for judicial intervention in this regard. This amendment changed the subject matter of Article 45 in directive principles. It now reads–‘The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.’ Hence, option (c) is not correct.
- It also added a new fundamental duty under Article 51A that reads–‘It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of six and fourteen years’.
- In 1993 itself, the Supreme Court recognised a Fundamental Right to primary education in the right to life under Article 21. It held that every child or citizen of this country has a right to free education until he completes the age of 14 years.
- Thereafter, his right to education is subject to the limits of the economic capacity and development of the state. In this judgement, the Court overruled its earlier judgement (1992) which declared that there was a fundamental right to education up to any level including professional education like medicine and engineering.
- In pursuance of Article 21A, the Parliament enacted the Right of Children to Free and Compulsory
- Education (RTE) Act, 2009. This Act seeks to provide that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards. Hence, option (a) is not correct.
- This legislation is anchored in the belief that the values of equality, social justice and democracy and the creation of a just and humane society can be achieved only through the provision of inclusive elementary education to all.
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