This
Matrials Usefull For TET, TAT, HTAT, PSE, NMMS, BANK, SBI, ICICI, IDBI, AXIS,
CLEARK, GSRTC, TALATI, CONSTABLE, POLICE, PSI, FEMALE HEALTH WORKER, GSAT, UGC
NET, SSC, HSC, UPSC, GPSC, IAS, GAS, SCHOOL EXAM, GENERAL KNOWLEDGE FOR ALL
COMMON MAN AMD WOMEN.
Right
to Education for children between 6-14 years is guaranteed by law. But today in
India officially 13 states and according to NGOs 22 states did not initiate
process of implementation. By April 1, 2011 only six states and seven Union
Territories notified the Act and made rules that too in the last quarter of the
year. The law designated National Commission for Protection of Child Rights as
monitoring agency, but it lacks any power to do justice. There is a shortage of
teachers in our country and which has not been looked upon yet. Provision of
free and compulsory education to all children until they complete the age of 14
years is a Directive Principle of State policy of the Constitution. Right to
education is not stated expressly as a fundamental right in Part III. Thus
Court has, however, not followed the rule that unless a right is expressly
stated as a fundamental right, it cannot be treated as one. Freedom of press is
not expressly mentioned in part III, yet it has been read into and inferred
from the freedom of speech and expression and from Article 21 more particularly.
Imparting
primary education was left to the parents till 2002, though it was part of
directive principle of state policy. In Unnikrishnan Vs State of Andhra
Pradesh, the Supreme Court elevated the status of right to primary education
from a mere directive principle of state policy to the
fundamental right. The apex court chose to overrule its own judgment in
Unnikrishnan case in T.M.A. Pai Foundation v State of Karnataka where
it held that primary education is a fundamental right. While the state assumed
the responsibility of imparting primary education to all children of 6-14 age
group, the higher education is thrown open to private institutions. It found a
difference in the context of private institutions that are charging capitation
fees from the students. Article 21A is added by 86th Amendment
Act in 2002, which says: “The State shall provide free and compulsory Education
to all children of the age of six to fourteen years “ .The Supreme Court gave a
very clear suggestion in Unnikrishnan judgment in 1993, that
education was a fundamental right for all children up to 14 years. Though it is
a very positive and progressive step to guarantee the fundamental right to
education the modalities and substantial aspect of it are totally left to the
discretion of the state which has to make law to fulfill this obligation.
File Creater : Ashvin Patel
School : Ranekpur Primary School, Hakvad, Morbi
STD-7
| Social Science | SEM-1 | All Chapter Swadhyay Solutiin : DOWNLOAD
Great Informative post, read more about Directive Principle
ReplyDelete