Fundamental Rights and Fundamental Duties (Part-2)

• Its significance made Dr. B.R. Ambedkar hail this right as the “heart and soul” of the Constitution.
• In India, the Supreme Court, the High Courts or any other courts empowered for the purpose can issue the following five types of writs:
  • Habeas Corpus- meaning 'to have a body'
  • Certiorari- meaning 'to be certified' or to be informed'
  • Prohibition- meaning 'to forbid'
  • Mandamus-  meaning 'to command'
  • Quo Warranto- meaning 'by what authority or warrant'

Habeas Corpus

• The literal meaning of this term is – ‘to have the body of’.
• It is an order issued by the court to a person who has detained another person to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free if the detention was found to be illegal.
  • Thus, this writ is the bulwark of individual liberty against arbitrary detention.
• This writ can be issued against both public authorities and private individuals. However, it is not issued in cases where:
  • detention is lawful,
  • the proceeding is for contempt of a legislature or a court,
  • detention is by a competent court,
  • detention is outside the jurisdiction of the court.

However, under certain Articles of the Constitution such as Article 41, the right to work, education, and public assistance in certain cases, and Article 45 provides for free and compulsory education for children.

However, under Article 21A the fundamental right to education has been provided for children between the ages of 6 and 14.

In pursuance to it, the Right to Education Act, 2009 was passed by the Parliament, which came into force on 1st April 2010. The right to education is also a human right.

Article 21A. Right to education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Right to Education Act (RTE) provided free and compulsory education to children in 2009 and enforced it as a fundamental right under Article 21-A.

• Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A.
• The 86^th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution
• The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years.

Article 21A. Right to education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Right to Education Act (RTE) provided free and compulsory education to children in 2009 and enforced it as a fundamental right under Article 21-A.

• Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A.
• The 86^th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution
• The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years.

Article 21A. Right to education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Right to Education Act (RTE) provided free and compulsory education to children in 2009 and enforced it as a fundamental right under Article 21-A.

• Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A.
• The 86^th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution
• The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years.

Article 21A. Right to education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Right to Education Act (RTE) provided free and compulsory education to children in 2009 and enforced it as a fundamental right under Article 21-A.

• Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A.
• The 86^th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution
• The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years.

Article 21A. Right to education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Right to Education Act (RTE) provided free and compulsory education to children in 2009 and enforced it as a fundamental right under Article 21-A.

• Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A.
• The 86^th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution
• The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years.

Article 21A. Right to education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Right to Education Act (RTE) provided free and compulsory education to children in 2009 and enforced it as a fundamental right under Article 21-A.

• Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A.
• The 86^th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution
• The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years.