Right to education ( article 21 A) with case laws

HHaarrddiikkMishra 3,797 views 5 slides Jun 19, 2019
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About This Presentation

Here is my another video on Article 21A which says that Right to Education is a fundamental right for every citizen between 6 to 14 years of age.
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Slide Content

Right to Education ( Article 21A) Added by 86 th Amendment Act , 2002 The   Right of Children to Free and Compulsory Education Act  or  Right to Education Act  ( RTE ) is an  Act  of the  Parliament of India enacted on 4 August 2009 , Which made education for all of the age of 6 to 14 years a Fundamental right.

Basic elements E ducation is a Basic human right .Basically an educated citizen has to choose the representatives who form the Government .Education Give personal human dignity who develops himself as well as contributes to the development of his country . State unde r Article 45 as on of the DPSP to provide free and compulsory education to all the children It is unfortunate that a since lapse of 60 years from the commencement of constitution the government did not take any concrete steps to implement this directive

Judicial intiative Mohini Jain vs State of Karnataka Matter was raised by petitioner Right to Education is a Fundamental Right under Art 21 Mohini jain was denied of Admission because of High capitation fee of Rs 4 lakh per anuum in Private medical college in Kanataka . Held : Right to education at all level is a fundamental right under article 21 of the constitution . Capitation fee is Illegal and amounted to denial of citizens right to Education But did not say up to what age a citizen has the right to Education guarrranted by constitution .

Unni Krishnan vs State of A.P Held : RTE for the children of the age 6 to 14 years of age is now a fundamental right . Court did not agree with the judgement of Mohini Jain’s Case where children of all ages have the right to education . Unni krishanan case over ruled the judgement of Mohini Jain’s case After 14 years of age the obligation of the state depended on the economic capacity and development.

Right of children to Compulsory education Act, 2009 was passed by the parliament to give effect to the 86 th constituion Amendment act , 2002 . The Act makes  education a fundamental right  of every child between the ages of 6 and 14 and specifies minimum norms in elementary schools. It requires all private schools(except the minority institutions) to reserve 25% of seats for the poor and other categories of children (to be reimbursed by the state as part of the public-private partnership plan). Children are admitted in to private schools based on caste-based reservations.