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right to education with special reference to Article 21A

Authors:
  • Maharishi markendeshwer deemed to be University mullana

Abstract

Education is the soul of the nation and without it nation cannot breath. Thus education is the foundation of the nation. It plays an important role in over all development and successful functioning of democracy. Education develops the skill and personality of the person and his development means the development of the Nation. Education has so many objectives of employment, human resource do overall development and bringing about much needed change in the social environment, leading to overall progress. It leads to individual freedom and empowerment and makes an individual self-reliant. It is seen as the foundation of society enabling economic wealth, social prosperity and political stability. Education is the fourth basic need of a person after shelter, bread, cloth. Education is the effective tool for the development or progress of the nation. It is the basic root to develop the society. Education is an instrument for ensuring social justice and equity.
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VOLUME 1: ISSUE 9
||January 2020 ||
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RIGHT TO EDUCATION: SPECIAL REFERENCE TO ARTICLE 21A
Ms. Kunjana Mittal
1
“Right Education should help the student, not only to develop his capacities, but to
understand his own highest interest”.
……………………. J. Krishnamurti
1. INTRODUCTION:
Education is the soul of the nation and without it nation cannot breath. Thus education is the
foundation of the nation. It plays an important role in over all development and successful
functioning of democracy. Education develops the skill and personality of the person and his
development means the development of the Nation. Education has so many objectives of
employment, human resource do overall development and bringing about much needed change
in the social environment, leading to overall progress. It leads to individual freedom and
empowerment and makes an individual self-reliant. It is seen as the foundation of society
enabling economic wealth, social prosperity and political stability. Education is the fourth basic
need of a person after shelter, bread, cloth. Education is the effective tool for the development
or progress of the nation. It is the basic root to develop the society. Education is an instrument
for ensuring social justice and equity. Education prepares the child for professional training
and helping him to overall development. Basic or elementary education is compulsory for all
the citizen of India because it is the pillar to provide the support to professional trainings to
generate expertise in special field. It is continuous process and it directly related to the child
and childhood. Children are the future of the nation. Education is the most crucial investment
in human development and is an instrument for developing an economically prosperous
society, for ensuring equity and social justice. Government has also setup various national
institutions for the promotion and protection of the right to education to the citizens of the
society. Education is the dynamic process that starts from birth
2
. Education is the mirror of the
society and base of socio-economic development. It transforms human beings from ignorance
to enlightenment from underdevelopment to faster economic and social development. Educated
person has the ability to develop as well as contributes to the development of the country.
Education is the basic element that makes the successful democratic system and government.
1
Assistant professor, Department of Law, Maharishi Markendeshwer deemed to be university ,Mullana
2
. Gursharan Singh Kainth “ Right to education” Bharti publications Delhi 2014, page no. 29
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Education provides the path to achieve new vision and direction to the nation to remove the
evils of the society. Education is the most powerful weapon which you can use to change the
world
3
. Education is both a human right and fundamental right. It promotes peace and respect
for human rights and fundamental freedoms. Education is now recognized on a basic human
right, the need and significance of which has been emphasized on the common platform of
United nations, through the medium of various covenants and treaties. Children are the future
of the nation. Therefore, education is an instrument in awakening the child to culture values,
in preparing him for later professional training and helping him to adjust normally in the
environment. Today’s without education a child cannot succeed in the life. Right to Education
is the fundamental right to all in the same manner. Elementary education is the most important
part of the higher education. Education is the key input for human resource development, for
it enhances the skill, efficiency, productivity and overall quality of life of the recipients of
education. In view of this, it is made mandatory for the state to provide free and compulsory
education to all children of 6-4 years by universalizing elementary education. Sarv Shiksha
Abhiyan is one such innovative program me aiming to provide Education to all. Article 21 A
the Indian constitution assures education as a fundamental right to every child of the age 6-14
years across India
4
.
The framers of Constitution, realizing the importance of education, imposed a
duty as one of the directive principles of state policy under Article 45 to provide free and
compulsory education to all children until they complete the age of 14 years, within 10 years
from the commencement of the constitution. The objective was to abolish illiteracy from the
country. Keeping in view the importance of education, the government enacted the constitution
( 86th amendment Act 2002) and inserted a new article 21A which makes the right to education of
children between the age of 6 to 14 years a fundamental right
5
. The present amendment,
however, specified the need for a legislation to describe the mode of implementation of Right
to Education which necessitated the drafting of separate Education Bill. The rough draft of the
bill was composed in year 2005. The Right of Children to Free and compulsory education was
passed.
3
Madan, Amman (2003)”Education as vision for social change, Economic and Political Weekly May 31,2003
pp.2135-2136
4
Dr. Narender Aggarwal “ The Constitution of Law “Allahabad Law Agency, Faridabed 2016, p.297
5
Dr. Gursharan Singh Kainth “ Right to education” page no. 217 Bharti publications Delhi 2014
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2. WHAT IS EDUCATION
Education is a process which a person learns discipline, attitude, behavior and understanding
of the different situations of life. Education is not mean only to go school, university etc but it
provides experiences and good quality of an educated person. When we studies about education
then we get various definition of education defines by different scholars and eminent persons.
Etymologically
6
education word derives from the Latin word Educare, Educare and Educatum.
In spanish educar and in french eduquer. Educare means to bring up, to raise and to nourish, or
mould. The child has to be brought up like a plant in the garden by the teacher. His potentialities
should be developed with proper care and nourishment. Educare means to lead out, to draw out
and to bring forth. The innate powers of the individual should be properly cared and given
scope to develop. And Educatum- Education is something which is imposed frame outside it is
external growth through activities and experience. The teacher through education, provide
instructions and gives direction to mould his abilities. Education does not mean only the
acquisition of knowledge but it is the development of attitude and skills. In ancient time the
word education is equivalents to shiksha and Vidya . Shas means to discipline or to control and
Vidya means to know. Education has defined the term “education to mean all types and levels
of formal education, including access to education, the standard and quality of education and
the conditions under which it is given.
7
Education shall be directed to the full development of
the human personality and the sense of its dignity and shall strengthen the respect for human
rights and fundamental freedoms.
8
“Basically, Education has divided into two types:-
1) General or Basic Education
2) Technical or Vocational Education
Definitions:-
1. Hon’ble the President of India Shri Pranab Mukherjee has rightly said that” Education is the
true alchemy that can bring India is next golden age. Our moto is unambiguous: All for
knowledge , knowledge for all”.
2. Nobel Laureate Amartya Sen,” Education is the back bone of India”.
6
www.etymonline.com
7
Article 1(2) of the UNESCO’S CONVENTION AGAINST DISCRIMINATION IN EDUCATION (1960)
8
Article 13, International Covenant on Economic, Social and cultural
Rights(htpp://www2.ohchr.org/English/law/cescr.htm#art13) 2019-21-05
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3. According to Friedrich Wilian Frobel” Education is unfoldment of what is already enfolded
in the germ,it is the purpose through which the child makes internal external”.
4. According to vivekananda” Education is the manifestation of the divine perfection, already
existing in man”. Further Swami Vivekananda, means the process by which character is
formed, strength of mind is increased and intellect is sharpened as a result of which one can
stand on one’s own feet”.
5. According Sir Aurobindo,” Education which will offer the tools whereby one can live for
the divine, for the country, for oneself and for others and this must be the ideal of every school
which calls itself national”.
6. According to Gandhi,” By education, I mean an all round drawing out of the best in the child
and man body, mind and spirit.”
7. According Thomas Raymont,” Education in the narrow sense does not include self culture
and the general influences of one’s surroundings, but only those special influences which are
consciously and designedly brought to bear upon the youngster by the adult persons of the
community whether through the family, the cruch or the state.
8. According Lodge,” Whatever broadens our horizon, deepens our insight, refines our
reactions and stimulates our thoughts and feelings educates us.”
9. According to Scorates,” Education means the bringing out of the ideas of universal validity
which are latent in the mind of every man.”
10. According to Spencer “Education is complete living”.
11. According to Tagore,” Knowledge is liberation. The spiritually liberated man is the aim of
Indian education. Education alone can create a climate and establish a state” where the mind is
free and the head is held high, where knowledge is free, where the world has not been broken
up into fragments of narrow domestic walls, where words came from the depths of truth.”
Therefore, Education develops the intellect, critical thinking abilities, social, cultural
understanding and skill as well as knowledge.
3. HISTORICAL BACKGROUND:
Education is not the new concept it has a strong history from the period of ancient times.
History of education divides into different periods: Ancient Period, Medieval Period, Modern
period. Education is divided into different ages or period of the ancient time. The root of the
education in India may be traced from Veda, Purana, Ramayana and Mahabharata era and then
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after Kings, Mugals, and British administration
9
. A famous story in the time of Mahabharata
which Guru Dronacharya refused to Ekalavya for admission in educational institution of
Dronacharya and after some time Guru Dronacharya has asked for thumb as a gurudakshina.
That time all people had no right to education and this privilege only for higher caste. In ancient
time “Gurukula” was educational institution and sages were teaches there. Vedic Rishis spread
the knowledge not only in India but in the whole world. In ancient times Vedic Education
prevails in India. The literal meaning of Vedas is the knowledge and the word is derived from
Vid root meaning “to know” Vedic age education had been put thus “The education is the
source of knowledge which shows the real way in the various fields of life
10
”. The general aim
of vedic education was to serve the means of salvation i.e, moksha. That time method of
education was: (i) Shravan (learning) (ii) Manan (Meditation) (iii) Nididhyasan (realization
and experience).
Brahmana education develop a system of education which survived the crumbling
empires and the changes of the society, but they also through all these thousands of years, kept
a glow of the torch of higher learning, and numbered amongst them many great thinkers who
have left their mark not only on the learning of India, but upon the intellectual life of the world.
Brahmana gives religious education to the people and main aimed at the inner as well as outer
purities for supreme development of life. Brahmanic education was fully successful in the all
round development of human life
11
. That time teachers were “Purohits” they laid stress on
religious education. It also led to the development of their character and personality. Takshshila
was the most important educational center of ancient India. As pre-historic era, political,
financial along with societal flows originated from spiritualism. During medieval period
education was similarly elitist, favoring the rich. The Modern education system of British raj
was first developed in the three presidencies (Bombay, Calcutta, and Madras). Bharat’s history
is unusually superb. Before British era Gurukulas were the place where people got the religious
education but during the British period Education reforms were started. In that period education
to all, No any discrimination on the bases of caste, sex, religion, race etc. In this period,
Education system takes the new turn in the field of learning, knowledge, discipline etc.
Education affected the society and education developed with the society and for the society.
During this age, new pattern of education people realized the importance of new education
because of futility of old pattern of the educational system. In the 19th century, so many
developments in the education system and so many education policies were introduced in the
9
Prof. Krishna Pal Malik “ Right to Elementary Education”pg no.01 Allahabad Law Agency, Faridabad 2012
10
R. N Sharma “ History of Education in India” pg 05 Atlantic Publishers and distributers New Delhi 2012
11
ibid
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Indian. Lord Macaulay has great contribution in the Indian education.” In India English is the
language spoken by the ruling classes. It is likely to become the language of commerce
throughout the seas of the East
12
At last, constitution makers thinks that Education is an
important for the nation development and After the great struggle Right to Education becomes
the fundamental right.
4. CONSTITUTIONAL PROVISIONS:
Various articles and schedules are in the constitution of India safeguard the interest of the
education of the child. In constitution has enumerous Articles and directive principles regarding
to safeguard to provide education to the citizens of India. In the Fifty-third year of the Republic
of India, a new Federal Right stated,” The state shall provide free and compulsory education to
all children of the age 6 to14 years in such manner as the state may, by law, determine”. Last
education commission under the British, the Sergeant Commission, had in 1945 envisaged a
forty year time spare for universal education, that is by 1985. The 42nd Amendment (1976) to
make education a Concurrent subject for expansion of Primary Education facilities, particularly
in backward areas, to make education easy to all , free and compulsory education , prioritization
to universalization of primary education
13
.
1. The new Article 21 A, which was inserted as part of the 86th Amendment says that
“the state shall provide free and compulsory education to all children between the ages
6 and 14 through a law that it may determine
14
. And the Right to Education Act was
passed in the year 2009.
2. Article 15 prohibits discrimination on grunds of religion, race, caste, sex, or place of
birth. But Article 15 (3) states that nothing in this article shall prevent the state from
making any special provisions for women and children
15
.
3. Article 38 relates to secure a social order for the promotion of welfare of the people
16
.
4. Article 45: Endeavour to provide free and compulsory education to all children up to
the age 6- 14 years
17
.
5. Article 29(2): declares that “no citizen shall be denied admission into any educational
institution maintained by the state or re-achieving aid out of state fund on the grounds
any of religion, race, caste, language, or any of them.
18
12
S. Nurullah and JP Naik, “ A student History of education in India “p. 60 Macmillan & co. Ltd. England,1962.
13
Dr. J N Pandey,” The Constitutional Law”p.317 Central Law Agency, Allahabad 2004
14
Dr. Gursharan Singh Kainth” Right to Education: Roadmap Ahead” pgno.67Bharti publications, Delhi2014
15
Supra 12
16
Supra 3
17
Supra 12
18
ibid
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6. Article 30: gives protection to religious and linguistic minorities. They have the right
to establish and administer institutions of their choice
19
.
Education as a necessary means of achieving socio-political justice was largely ignored until
the 1992 Supreme court judgment in Mohini Jain V. State of Karnataka
20
in this case, the
two judge bench of the supreme court , while declaring that the charging of capitation fees as
illegal and categorically held that “ the right to education flows directly from the right to life
as the right to life and the dignity of an individual cannot be assured unless it is accompanied
by the right to education” and the fundamental rights guaranteed under Part III of the
constitution of India, including the right to freedom of speech and expression and other rights
under article 19 cannot be appreciated and fully enjoyed unless a citizen is educated and is
conscious of his individualistic dignity. After this case continued in the later constitution Bench
decision in Unni Krishnan Versus State of A.P
21
where the Constitution bench articulated
that the fundamental right to education flows from Article 21. While declaring the right to
education to be a fundamental right, it was held not to be an absolute right, and its content was
defined by the parameters of Article 45 and 41. The right to free education is available only to
children until they complete the age of 14 years. Thereafter, the obligation of the state to
provide education is subject to the limits of its economic capacity”.
5. CONCLUSION:
At last, I want to say that the amendment in Right to Education fundamental right is one of the
landmark legislation in the Indian history to provide basic education to the children. According
to Justice P.N. Bhagwati rightly pointed out, The child is a soul with a being, a nature and
capacities of its own, who must be helped so find them, to grow into their maturity, into a
fullness of physical and vital energy and the utmost breadth, depth and height of its emotional,
intellectual and spiritual being, otherwise there cannot be a healthy growth of the nation.” The
Supreme Court has also interpreted the Right to education by their judicial pronouncement.
The Government makes so many policies, laws and regulation to implement the Right to
education Act to whole India.
19
ibid
20
AIR 1992 SC 1858
21
(1993) 1 SCC 645
ResearchGate has not been able to resolve any citations for this publication.
A student History of education in India
  • S Nurullah
  • Naik
S. Nurullah and JP Naik, " A student History of education in India "p. 60 Macmillan & co. Ltd. England,1962.