Describe the Constitutional Provisions of Education in India with special reference to the Articles related to free and compulsory elementary education.

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Describe the Constitutional Provisions of Education in India with special reference to the Articles related to free and compulsory elementary education. MWS-O11

Education in India is considered as a fundamental right, and the Constitution of India has made provisions for it. The Constitution of India has various articles that deal with the education system in the country, and one of the most significant provisions is the Right to Education Act (RTE), which guarantees free and compulsory education to every child between the ages of 6 and 14 years. In this essay, we will discuss the constitutional provisions of education in India, with special reference to the articles related to free and compulsory elementary education.

Article 21A of the Constitution of India

Article 21A was inserted into the Constitution of India in 2002 by the 86th Amendment Act. This article makes it mandatory for the state to provide free and compulsory education to all children between the ages of 6 and 14 years. This article ensures that every child has access to elementary education, which is the foundation of their future development.

The Right
of Children to Free and Compulsory Education Act (RTE)

The RTE Act was enacted in 2009 to provide free and compulsory education to children between the ages of 6 and 14 years. The Act makes it mandatory for the government to provide elementary education to all children, irrespective of their gender, caste, or religion. The RTE Act also lays down the norms and standards for the quality of education that must be provided.

The RTE Act has several provisions that are aimed at ensuring that every child receives quality education. Some of the provisions include:

  1. No child can be held back in any class or expelled from school until they complete elementary education.

  2. The Act provides for the appointment of teachers with the required qualifications and training.

  3. The Act mandates that every school must have basic facilities such as classrooms, toilets, drinking water, and a library.

  4. The Act also provides for the establishment of School Management Committees (SMCs) to ensure community participation in the management of schools.

45 of the Constitution of India
Article 45 of the Constitution of India directs the state to provide free and compulsory education to all children up to the age of 14 years. This article was included in the Constitution by the makers of the Constitution as a Directive Principle of State Policy. The Directive Principles of State Policy are non-justiciable, which means that they are not enforceable by law.

However, the 86th Amendment Act made elementary education a fundamental right under Article 21A, thereby making it enforceable by law. The RTE Act was enacted to give effect to this constitutional provision.

Conclusion
In conclusion, the Constitution of India has made provisions for education as a fundamental right, and the RTE Act was enacted to provide free and compulsory education to all children between the ages of 6 and 14 years. These constitutional provisions are aimed at ensuring that every child has access to elementary education, which is the foundation of their future development. The state has a duty to provide quality education to every child, and the RTE Act lays down the norms and standards for the same. The establishment of SMCs ensures community participation in the management of schools, thereby creating a sense of ownership and accountability among parents and the community.

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