Right to Education (RTE Act 2009)
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Consider the following statements regarding 'Fundamental Rights', 'Directive Principles of State Policy' (DPSP), and 'Fundamental Duties' granted under the Indian Constitution:
- 1. Fundamental Rights are inspired by the Constitution of the United States and they primarily establish political democracy, being justiciable and enforceable by courts.
- 2. Directive Principles of State Policy, borrowed from the Constitution of Ireland, promote social and economic democracy, and according to Article 37, they are fundamental in the governance of the country as well as mandatorily justiciable by any court.
- 3. Fundamental Duties (Article 51A) were added to the Constitution by the 42nd Constitutional Amendment Act, 1976 on the recommendation of the Swaran Singh Committee, and currently there are a total of 11 Fundamental Duties in the Constitution which are borrowed from the Constitution of Russia (erstwhile Soviet Union).
- 4. 'Right to Education' under Article 21 is a fundamental right, which was added by the 86th Constitutional Amendment Act, 2002; under this same amendment, the subject matter of Article 45 was changed and a new 11th fundamental duty was added in Part-IV(A) which determines the responsibility of parents or guardians of children aged 6 to 14 years.
Which of the above statement(s) is/are completely true?
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Detailed Explanation
Statement 1 is true because fundamental rights are taken from America, are justiciable, and establish political democracy. Statement 2 is false because DPSPs are not justiciable (Article 37 clarifies that they cannot be enforced by courts). Statement 3 is true; fundamental duties were added from the USSR by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee. Statement 4 is also true; the right to education was made a fundamental right (Article 21A), DPSP (amendment in Article 45), and the 11th fundamental duty were added by the 86th Amendment 2002.
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