The position of Right to Elementary Education with Constitutional provisions in India

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

The position of Right to Elementary Education with Constitutional provisions in India-

Tanmoy Mukherji

Advocate

Elementary Education in India refers to free & compulsory education for children aged 6-14 years.

It aims at -

→Universal access.

→Universal retention

→Minimum learning standards.

→Social Inclusion & Equality.

HISTORICAL EVOLUTION OF THE RIGHT TO EDUCATION-

Pre-Constitutional Development –

Constitutional Scheme before the 86th Amendment-

Directive Principle: - (Article 45)

"The state shall endeavor to provide, within a period of 10 years from the commencement of this constitution, for free & compulsory education for all children until they complete the age of 14 years" – [Original Text]

JUDICIAL EXPANSION OF RIGHT TO EDUCATION

86th CONSTITUTIONAL AMENDMENT ACT 2002-

This amendment gave explicit constitutional recognition to elementary education.

Art 21A:- Right to education as a fundamental right.

The state shall provide free & compulsory education to all children of the age of 6-14 years in such manner as the state may, by law determined.

Early Childhood Education - Art 45 [Revised]

The state shall endeavor to provide early childhood care & education for all children until they complete the age.

 Fundamental Duty of Parents -Art. 51A (K) -

Duty to parents or guardians to provide education to children aged 6-14 years.

RIGHT OF CHILDREN TO FREE & COMPULSORY ACT 2009

Enacted under Art. 21A to give effect to the fundamental right.

Core provisions of RTE Act:-

Child-Centric Provisions-

 Reservations of weaker sections-

ROLE OF INDIAN JUDICIARY-

INTERNATIONAL HUMAN RIGHTS PERSPECTIVE-

-The right to Elementary Education in India reflects a dynamic constitutional evolution - from a non-enforceable directive to a justiciable fundamental right.

-By constitutional amendment, judicial activism & legislative support India has institutionalized education as the corner stone of Democracy, Social Justice & Human dignity. However effectual implementation remains the real constitutional challenge.