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Right to Education (RTE Act 2009)
Asked 3 months ago · Viewed 3,124 times
हिन्दी English

With regard to the 'Fundamental Rights', 'Directive Principles of State Policy' (DPSP), and 'Fundamental Duties' granted under the Indian Constitution, consider the following statements:

  1. 1. Fundamental rights are justiciable and in case of their violation, the Supreme Court and High Courts can be approached under Article 32 and Article 226 respectively, while directive principles are not justiciable, but they are fundamental in the governance of the country and it is the duty of the State to apply them in making laws.
  2. 2. On the basis of the recommendations of the Swaran Singh Committee (1976), Fundamental Duties were incorporated by adding Article 51A to Part IV-A of the Constitution through the 42nd Constitutional Amendment, which initially had 10 fundamental duties, and the 11th fundamental duty relating to providing opportunities for education to children aged 6 to 14 years was added by the 86th Constitutional Amendment Act of
  3. 3.
  4. 4. Under Article 21, the 'Right to Privacy' has been recognized by the Supreme Court as a fundamental right within the right to life, but the 'Uniform Civil Code' (UCC - Article 44) falling under the directive principles has not yet been fully implemented in the country as it depends on state policy and the state cannot be compelled by the court for its non-implementation.
  5. 5. Compliance with fundamental duties is legally binding on every citizen, and if a citizen violates any fundamental duty, there is a provision to punish them directly under Article 51A of the Constitution through any special law made by Parliament.

Which of the above statement(s) is/are completely true?

Detailed Explanation

Statements 1, 2, and 3 are completely true. Fundamental rights are justiciable, whereas directive principles are non-justiciable, though fundamental in governance. The 42nd Constitutional Amendment (1976) added 10 fundamental duties on the recommendation of the Swaran Singh Committee, and the 86th Amendment (2002) added the 11th duty. The Right to Privacy is a fundamental right under Article 21, and Article 44 (UCC) is a DPSP. Statement 4 is incorrect because fundamental duties are non-justiciable in nature and there is no direct provision for punishment under Article 51A itself unless enacted through separate parliamentary legislation.

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→ Regarding the effective implementation of Inclusive Education and the provisions of the Indian Constitution, consider the following statements: 1. Under Article 21A of the Indian Constitution (Right to Education) and the Rights of Persons with Disabilities Act, 2016, a legal provision has been made for free and compulsory quality education for all disabled children aged 6 to 18 years. 2. The main objective of inclusive education is to provide equal opportunities to all children (from any physical, mental, social, or economic background) together in regular schools, in which the segregation of 'children with special needs' into special schools is made mandatory first. 3. The National Curriculum Framework (NCF-2005) advocates child-centred education and a flexible curriculum so that students of varying abilities can learn in the same classroom without any barriers. 4. 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Under the Directive Principles of State Policy (DPSP), Article 45 provided that the State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years. 4. Both the Centre and the States can make laws on subjects included in the Concurrent List, but if there is a conflict between the laws of both, the State law is considered supreme and the Central law becomes invalid. Which of the above statements are correct? → 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. 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