Fundamental Rights and Fundamental Duties (Part-2)

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.

To give effect to the provisions of Article 21A, the Right to Education (RTE)  Act was enacted in 2009.

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. which was enacted in 2009.
• The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years.

• Right to Equality (Articles 14–18)
• Right to Freedom (Articles 19–22)
• Right against Exploitation (Articles 23–24)
• Right to Freedom of Religion (Articles 25–28)
• Cultural and Educational Rights (Articles 29–30)
• Right to Constitutional Remedies (Article 32)

• Right to Freedom of Religion (Article 25 to 28)

  These provisions of the Indian Constitution guarantee individuals the freedom to profess, practice, and propagate the religion of their choice. It ensures secularism by mandating that the state maintain neutrality and treat all religions equally.

  Freedom of Conscience and Free Profession, Practice, and Propagation of Religion (Article 25)

  This article says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion. The implications of these are:

  Freedom of conscience

  Individuals have the freedom to shape their relationship with God and other creatures in whatever way they desire.

  Right to Profess

  To declare one’s religious beliefs and faith openly and freely.

  Right to Practice

  To perform religious worship, rituals, ceremonies, and exhibition of beliefs and ideas.

  Right to Propagate

  To transmit or disseminate one’s religious beliefs to others. However, it does not include a right to convert another person to one’s religion.

  Freedom to Manage Religious Affairs (Article 26)

  This provision states that every religious denomination or its section shall have the following rights-

  • Right to establish and maintain institutions for religious and charitable purposes,
  • Right to manage its affairs in matters of religion,
  • Right to own and acquire movable and immovable property, and
  • Right to administer such property as per law.

  Freedom from Taxation for Promotion of a Religion (Article 27)

  This provision prohibits the State from levying taxes for promoting or maintaining any particular religion or religious denomination. It upholds the principle of secularism and ensures that the State remains neutral in matters of religion, fostering equality and religious freedom for all citizens.

  Freedom from Attending Religious Instruction (Article 28)

  It makes provisions for religious instruction in different categories of educational institutions, as described below:

  • Institutions wholly maintained by the State- religious instruction is completely prohibited.
  • Institutions administered by the State but established under any endowment or trust – religious instruction is permitted.
  • Institutions recognized by the State- religious instruction is permitted on a voluntary basis i.e. with the consent of the person.
  • Institutions receiving aid from the State- religious instruction is permitted on a voluntary basis i.e. with the consent of the person.

• The Fundamental Duties in the Indian Constitution are inspired by the Constitution of the erstwhile USSR.
• In 1976, the Government of India appointed the Sardar Swaran Singh Committee to make recommendations about Fundamental Duties.

• Accordingly, it enacted the 42nd Constitutional Amendment Act in 1976, which added a new part (Part IVA) to the Constitution. This new part consists of only one Article (Article 51A) which specifies a code of ten fundamental duties of the citizens of India.
• The 86th Constitutional Amendment Act of 2002 added one more Fundamental Duty (to provide opportunities for education to his child or ward between the ages of six and fourteen years).

Article 51A of the Indian Constitution in Part IV-A provides eleven Fundamental Duties. These fundamental duties are mentioned below:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem,
2. To cherish and follow the noble ideals that inspired the national struggle for freedom,
3. To uphold and protect the sovereignty, unity, and integrity of India,
4. To defend the country and render national service when called upon to do so,
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities and to renounce practices derogatory to the dignity of women,
6. To value and preserve the rich heritage of the country’s composite culture,
7. To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures,
8. To develop a scientific temper, humanism, and the spirit of inquiry and reform,
9. To safeguard public property and to abjure violence,
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement, and
11. To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act of 2002).

• The Fundamental Duties in the Indian Constitution are inspired by the Constitution of the erstwhile USSR.
• In 1976, the Government of India appointed the Sardar Swaran Singh Committee to make recommendations about Fundamental Duties.

• Accordingly, it enacted the 42nd Constitutional Amendment Act in 1976, which added a new part (Part IVA) to the Constitution. This new part consists of only one Article (Article 51A) which specifies a code of ten fundamental duties of the citizens of India.
• The 86th Constitutional Amendment Act of 2002 added one more Fundamental Duty (to provide opportunities for education to his child or ward between the ages of six and fourteen years).

Article 51A of the Indian Constitution in Part IV-A provides eleven Fundamental Duties. These fundamental duties are mentioned below:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem,
2. To cherish and follow the noble ideals that inspired the national struggle for freedom,
3. To uphold and protect the sovereignty, unity, and integrity of India,
4. To defend the country and render national service when called upon to do so,
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities and to renounce practices derogatory to the dignity of women,
6. To value and preserve the rich heritage of the country’s composite culture,
7. To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures,
8. To develop a scientific temper, humanism, and the spirit of inquiry and reform,
9. To safeguard public property and to abjure violence,
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement, and
11. To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act of 2002).

• The Fundamental Duties in the Indian Constitution are inspired by the Constitution of the erstwhile USSR.
• In 1976, the Government of India appointed the Sardar Swaran Singh Committee to make recommendations about Fundamental Duties.

• Accordingly, it enacted the 42nd Constitutional Amendment Act in 1976, which added a new part (Part IVA) to the Constitution. This new part consists of only one Article (Article 51A) which specifies a code of ten fundamental duties of the citizens of India.
• The 86th Constitutional Amendment Act of 2002 added one more Fundamental Duty (to provide opportunities for education to his child or ward between the ages of six and fourteen years).

Article 51A of the Indian Constitution in Part IV-A provides eleven Fundamental Duties. These fundamental duties are mentioned below:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem,
2. To cherish and follow the noble ideals that inspired the national struggle for freedom,
3. To uphold and protect the sovereignty, unity, and integrity of India,
4. To defend the country and render national service when called upon to do so,
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities and to renounce practices derogatory to the dignity of women,
6. To value and preserve the rich heritage of the country’s composite culture,
7. To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures,
8. To develop a scientific temper, humanism, and the spirit of inquiry and reform,
9. To safeguard public property and to abjure violence,
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement, and
11. To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act of 2002).