Right to Education

4758 Words May 1st, 2012 20 Pages
Table of Contents * INTRODUCTION ……………………………………………………………… 6 * RIGHT TO EDUCATION: A HISTORICAL OVERVIEW ………………………7-12 * PRE-INDEPENDENCE ERA * SUPREME COURT ON THE RIGHT TO EDUCATION * APPROACH OF VARIOUS COMMISSIONS * INTERNATIONAL TREATY OBLIGATIONS * THE 86TH AMENDMENT ACT * THE RIGHT OF CHILDERNS TO FREE AND COMPULSORY EDUCATION ACT, 2009 ………………………………………………………………………..12-15 * HIGHLIGHTS OF THE ACT * CONCLUSION ………………………………………………………………….15-16 * BIBLIOGRAPHY ……………………………………………………………….17-18

I. Introduction
Education is the most effective tool and medium for human development. Right to education has been judicially construed to fall within the guarantee of right to life in Article 21 and
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The Plan recommended a system of universal, compulsory and free education for all children 6-14 age group. It was a highly realistic plan; in view of the non-availability of teachers, the plan suggested that the plan would be implemented within forty years.
b. Supreme Court on the Right to Education
The Supreme Court has added its own creative twist to the issue of Right to Education. In the case of Bandua Mukti Morcha, the court expressed that the Right to Education was implicit in and flows from the right to life that is guaranteed by Article 21 of the Constitution of India. In doing so the court essentially did what the constitution makers and the legislation had refrained from doing right since independence. This attitude of the court was reiterated in several later decisions such as Mohini Jain v. State of Karnataka, and Unnikrishnan v. State of Andhra Pradesh. The case of Francis C. Mullin v. Administrator, Union Territory of Delhi, went as far as to say that the activity of education was one of the ‘bare minimum necessities of the term life’ as it is described in Article 21 of the Constitution of India. In the Mohini Jain case the court expressed the importance of the right to education as a fundamental right, pointing out the fact that “without education being provided to the citizens of this country, the objectives set forth in the Preamble of the Constitution of India cannot be achieved.”
While the Supreme Court