Friday, 9 March 2018

Right to education: Indian Constitutional Provisions in relation to Primary education

The percentage of literacy of India was very low at the time of Independence, about 80 % of the people were illiterate. The Constitution makers were very much aware of the gravity of the situation. That has been an influence of the writing of the constitutional provisions to preserve, protect and promote the cultural, religious and educational interest of the people. The Articles are presented below :

1.  Article 15: Prohibition of discrimination on the ground of religion, race, caste, sex or place of birth. The state shall not discriminate against any citizen on grounds of religion, race, caste, sex, place of birth and any of them. No citizen shall help on the ground only of religion, race, caste, sex or place of birth or any of them be subject to any disability, liability, restriction or condition with regard. Access to shops, public restaurant, hotels, and places of public entertainment. The use of roads or places of public resort maintained wholly or partly out of the state funds or dedicated to the use of the general public. Although nothing in this article prevents the state from making any special provision for women and children.

2.  Article 21 (A) : This article provides that the state shall provide free and compulsory education to all children of the age of 6-14 years in such manners as the state may  be law determine.

3.  Article 28: This article guarantees freedom of religion. It directs, “ that no religious instruction shall be provided in any educational institution recognized by the state receiving aid out of state funds, and also provides that no person attending any educational institution shall be required to take part in any religious instruction that may be imparted in such institution shall be required to take part in any religious instruction that may be imparted in such institution or too attend any religious worship unless the person wants to, or if he is a minor, there must be guardian’s consent.

4.  Article 29 : This article guarantees that “ any section of the citizens residing in the territory of India or any part thereof, having a distinct language, script or culture of its own, shall have the right to conserve the same”, and it further declared that” no citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of the state funds, on grounds only of religion, race, caste, language or any of them.”

5.  Article 30 : This article declares that ,” all minorities whether based on religion or language shall have the right to establish and administer educational institutions of their choice,” and adds that the state shall not, in granting aid to educational institutions, discriminate against any educational institutions on the ground that it is under the management of a minority, whether based on religion or language”.

6.  Article 45: Under the Directive principles of state policy states lays down- “ 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 until they complete the age of fourteen years”.

7.  Article 282: Article 282 of the Indian Constitution provided,The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws”.


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