FROM CHARITY TO RIGHT: EDUCATION, LAW AND JUDICIARY
A. David Ambrose
Professor Dept of Legal Studies , University of Madras,
email: profambrose@yahoo.co.in
The Constitution of India when adopted did not contain any express provision guaranteeing the right to education. However, the Constitution indirectly recognized the importance of education in Part IV of the Constitution. Thus Art.45 provides that ‘the state shall endeavour to provide, with in a period of ten years from the commencement of Constitution, for free and compulsory education for all children until they complete the age of fourteen years’. Art.46 imposes an obligation to promote with special care the educational interest of the weaker sections including SCs and STs. Similarly Art.41 states that, the state shall make effective provision for securing the right to education, with in its economic capacity and development. Even though the Constitution imposed an obligation on the state to impart education to its citizens, the stale owing to its financial capacity, was not discharging its constitutional obligation. Therefore, during the first decade of our Independence education perse was considered to be an activity that is charitable in nature.
But after nearly 5 decades, now right to education has been not only recoginised by judicial pronouncements but also expressly by the Constitution itself. The present paper attempts to discuss the development of right to education in India. While doing so the different facets and scope of such right will also be discussed and analysed.
Recently the Right to education Bill-2005 which make education as a fundamental right for every children for every child in the age group was cleared up by union cabinet on 30th October 2008. It is expected that the bill will be introduced in parliament during the December 2008 session.
A. David Ambrose
Professor Dept of Legal Studies , University of Madras,
email: profambrose@yahoo.co.in
The Constitution of India when adopted did not contain any express provision guaranteeing the right to education. However, the Constitution indirectly recognized the importance of education in Part IV of the Constitution. Thus Art.45 provides that ‘the state shall endeavour to provide, with in a period of ten years from the commencement of Constitution, for free and compulsory education for all children until they complete the age of fourteen years’. Art.46 imposes an obligation to promote with special care the educational interest of the weaker sections including SCs and STs. Similarly Art.41 states that, the state shall make effective provision for securing the right to education, with in its economic capacity and development. Even though the Constitution imposed an obligation on the state to impart education to its citizens, the stale owing to its financial capacity, was not discharging its constitutional obligation. Therefore, during the first decade of our Independence education perse was considered to be an activity that is charitable in nature.
But after nearly 5 decades, now right to education has been not only recoginised by judicial pronouncements but also expressly by the Constitution itself. The present paper attempts to discuss the development of right to education in India. While doing so the different facets and scope of such right will also be discussed and analysed.
Recently the Right to education Bill-2005 which make education as a fundamental right for every children for every child in the age group was cleared up by union cabinet on 30th October 2008. It is expected that the bill will be introduced in parliament during the December 2008 session.
No comments:
Post a Comment