Right to Education (RTE Act 2009)
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With reference to the interrelationship and judicial review of Fundamental Rights, Directive Principles of State Policy (DPSP), and Fundamental Duties provided in the Indian Constitution, consider the following statements:
- 1. Following the Kesavananda Bharati case (1973), the judiciary clarified that although fundamental rights and directive principles are complementary to each other, under no circumstances can Parliament, by amending the Constitution under Article 368, completely render ineffective or abrogate the provisions of Part III (Fundamental Rights) to implement directive principles if it violates the 'Basic Structure' of the Constitution.
- 2. Under Article 31-C, added to the Constitution by the 42nd Constitutional Amendment Act, 1976 on the recommendations of the Swaran Singh Committee, it was provided that any law made to give effect to the directive principles described in Article 39(b) and 39(c) cannot be declared void on the ground that it violates the fundamental rights conferred by Article 14 or Article
- 3.
- 4. Under the 11th Fundamental Duty (Article 51A(k)) added via the 86th Constitutional Amendment Act in 2002, it became the duty of parents or guardians of children aged 6 to 14 years to provide opportunities for education to their child, and by the same amendment, Article 21A was added to the Constitution giving the right to education the status of a fundamental right.
- 5. Fundamental duties, which are mainly inspired by the Irish Constitution and included in Part IV-A of the Indian Constitution, are justiciable in nature, meaning in case of their violation, they can be enforced by issuing writs by the High Courts or the Supreme Court of the country.
Which of the above statement(s) is/are completely true?
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Detailed Explanation
Statements 1, 2, and 3 are completely true. In the Kesavananda Bharati case (1973), the Supreme Court propounded the basic structure doctrine under which Parliament can amend fundamental rights but cannot destroy the core identity of the Constitution. The 42nd Amendment amended Article 31-C giving priority to DPSPs in Article 39(b) and (c) over fundamental rights in Articles 14 and 19. The 86th Amendment (2002) added Article 21A (Right to Education) and Article 51A(k) (Fundamental Duty). However, statement 4 is incorrect because Fundamental Duties are non-justiciable in nature, meaning they cannot be enforced directly by courts, and they are inspired by the Constitution of the erstwhile Soviet Union (USSR), not Ireland.
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