Question
Download Solution PDFWhich of the following statements is/are correct as per the Constitution of India?
1. The Constitution (Eighty-sixth Amendment) Act has added the Right to Education to the chapter of Directive Principles of State Policy.
2. Right to Work and Right to Education are both, Fundamental Rights and Directive Principles of State Policy.
Select the answer using the code given below:
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Option 4.
Key Points
- Statement 1 is incorrect: The Constitution (Eighty-sixth Amendment) Act, 2002, added the Right to Education under Article 21A as a Fundamental Right, not as a Directive Principle of State Policy.
- Statement 2 is incorrect: Right to Work is a Directive Principle under Article 41 of the Constitution, while the Right to Education is a Fundamental Right under Article 21A and not classified under Directive Principles.
- The Right to Education Act (RTE), 2009 operationalizes Article 21A and mandates free and compulsory education for children aged 6–14 years.
- Directive Principles of State Policy (DPSP) provide guidelines for state policy but are non-justiciable, while Fundamental Rights are justiciable and enforceable in courts.
- Neither of the two statements aligns with the constitutional provisions, making Option 4 ("Neither 1 nor 2") correct.
Additional Information
- Article 21A: Introduced by the 86th Amendment Act, it makes education a Fundamental Right for children aged 6–14 years.
- Right to Work: Enshrined in Article 41 of the Directive Principles of State Policy, it directs the state to provide work, education, and public assistance to citizens in cases of unemployment, old age, or sickness.
- Directive Principles of State Policy (DPSP): Non-justiciable provisions aimed at establishing social and economic democracy, listed in Part IV of the Constitution.
- Fundamental Rights: Enshrined in Part III of the Constitution, these are enforceable rights protecting individual freedoms and equality.
- Right to Education Act, 2009 (RTE): Provides a framework for implementing Article 21A, ensuring free and compulsory education for children in India.
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