This document discusses key provisions related to the right to education in India. It summarizes Article 21A, which made education a fundamental right for children ages 6 to 14. It also discusses Article 30, which gives linguistic and religious minorities the right to establish and administer their own educational institutions. Additionally, it provides an overview of fundamental duties under Article 51A, including the 11 duties of Indian citizens to promote national unity and development.

1. SOHAN LAL DAV COLLEGE OF EDUCATION
SESSION – (2019-2021)
SUBMITTED TO- MR. PAWAN KUMAR SUBMITTED BY-MADHU YADAV(19211)
RADHIKA VERMA(19214)

2. ARTICLE 21A
ARTICLE 30
ARTICLE 51A
SUBMITTED TO- MR. PAWAN KUMAR
SUBMITTED BY-MADHU YADAV (19211)
RADHIKA VERMA (19214)

4. RIGHT TO EDUCATION ( ARTICLE 21 A )
 Added by 86th Amendment Act , 2002
 The Right of Children to Free and Compulsory
Education Act or Right to Education Act ( RTE ) is
an Act of the Parliament of india enhanced on 4th
august 2009,
 Which made education for all of the age of 6 to
14 years a fundamental right.

5. BASIC ELEMENTS
 Education is a basic human right. Basically an educated
citizen has to choose the representatives who form the
government. Education give personal human dignity who
develops himself as well as contributes to the
development of his country.
 State under article 45 as on the DPSP to provide free and
compulsory education to all the children.
 It is unfortunate that a since lapse of 60 years from the
commencement of constitution the government did not
take any concrete steps to implement this directive.

6.  Right of children to compulsory education act,2009 was
passed by the parliament to give effect to the 86th
constitution amendment act,2002.
 The act makes education a fundamental right of every
child between the ages of 6 and 14 and specifies minimum
norms in elementary schools. It requires all private
schools ( except the minority institutions ) to reserve 25%
of seats for the poor and other categories of children.
Children are admitted in to private schools based on caste
based reservations.

8. Who are Minorities ?
Why special rights for Minorities ?
 The constitution does not define the term “ minority , nor
does it lay down sufficient indicia to the test for
determination of a group as minority.
 India is a land of myriad ethnic, religious , caste and
linguistic minorities affiliated to distinct belief systems ,
sub cultures and religions.
 Despite the several efforts by the government to improve
the condition of the minority , constitutional guaranteed
rights , different institution and commission established to
monitor, the system has failed and minority faces
discrimination, violence and atrocities.

9.  THE PURPOSE TO GUARANTEE THESE RIGHTS AND TO
DISTINGUISH THEM FROM MAJORITY WAS NOT CREATING
SUCH DISCRIMINATION BUT TO MAKE THEM ABLE TO
DIFFUSE THEM WITH THE MAJORITY.
 Even the foreigner residing in India and forming the well
defined religious and linguistic minority also fall under the
preview of this Article.

10. MINORITY RIGHTS IN INDIA
 The constitution of India guarantees different rights to the
minority. These are cultural and educational rights which
have been guaranteed under article 29 and 30.

11. ARTICLE 30- Right of minorities to
establish and administer educational
institutions.
 (1) All minorities whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice.
 The benefit of article 30(1) extends only to linguistic or religious Miniorities and
not to any other section of the Indian citizens. Article here state linguistic and
religious minority. Here minority means the community which is less than 50% of
the total population with respect of the population of the state.
 The words in the article administer and establish in the article 30(1)have to be
read together. This means that the religious minority will have the right to
establish the educational institution and can administer it only.
 If it established by other community or by any other person then they cannot
claim the right under this article.

12.  (2) the state shall not , in granting aid to educational institutions,
discriminate against any educational institution on the ground that it
is under the management of a minority, whether based on religion or
language.
 Article 30(2)bars the state , government aided educational institution
should not discriminated by the state on the ground that it is under
the management of a minority , whether based on religion or
language.
 Minority educational institute are entitled to get financial assistance
much the same way as the educational institutions run by the majority
community. This does not mean that the minority educational
institution can claim state as a matter of right. But there should not
be discrimination while providing financial assistance.

13. PURPOSE OF GRANTING EDUCATIONAL RIGHT
 Being India as a secular state to maintain it and let the minority to mix with
the main stream society. and can also help in the development of the country.
 Other reason is India is a country of diverse culture and everybody is equal.
Hence they have equal opportunities to preserve it.
 The minorities have been given protection to preserve and strength the
integrity of the country. The minorities feel isolated and separated if they are
not given these rights.
 General secular education will open doors of perception and act as the
natural light of mind for our countrymen to live in the whole. This is the true
spirit of liberty, equality and fraternity through medium of education.
 The right to administer have been given to the minority, so that it can mold
the institution as it thinks fit.

15. What are fundamental Duties?
 Fundamental duties are defined as the moral obligations
of all citizens to help promote a spirit of patriotism amd
to uphold the unity of india.
 These duties are set in part IV-A of the constitution.
 They are held by the supreme court to be obligatory for
all citizens.
 The inspiration for the part IV-A was the constitution of
USSR.

16. History
 The fundamental duties are included in the constitution by the
42nd amendment act 1976.
 It incorporated the fundamental duties by inserting a new
article 51A below article 51 which belongs to part IV-A
 The recommentations were passed in 1976 and came into effect
on 3rd January,1977.
 Originally 10 in number, the fundamental duties were increased
to 11 by the 86th amendment in 2002.
 It was adopted based on the recommendations of the SWARAN
SINGH Committee.

17. Swaran Singh Committee
 Swaran Singh committee was constituted by the government of India
earlier in 1976.
 The objective of this committee was to study the questions of
amending the constitution in the light off past experiences faced by
the constitution.
 The committee was constituted by Indira Gandhi soon after
emergency was imposed in the country.
 The 42nd amendment act which is also called “ mini constitution”
amended many articles and even the preamble was a result of the
recommendations of this committee.
 The 10 fundamental duties in the constitution were also added as per
the recommendations of Sardar Swaran Singh committee.

18. The Duties
The fundamental duties of every citizen of India according to the
constitution are:
1. To abide by the constitution and respect its ideals and institutions,
the national flag and the national anthem.
2. To cherish and follow the noble ideals which inspired our national
struggle for freedom.
3. To uphold and protect the sovereignty , unity and integrity of India.
4. To defend the country and render national service when called upon
to do so.
5. To promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic and regional
or sectional diversities; to renounce practices derogatory to the
dignity of women.

19. The Duties
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests,
lakes, rivers and wildlife and to have compassion for living creatures.
8. To develop the scientific temper , humanism and the spirit of inquiry
and reforms.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher levels of
endeavor and achievement.
11. Who is the parent or guardian to provide opportunities for education
to his child or as the case may be, ward between the age of 6 to 14
years.

20. Importance
 The fundamental duties constitute a constant reminder to the citizens
that they have duties in building up a free , healthy and responsible
society.
 India being a multi-racial and multi religious nation can prosper only
when the citizens of this country respect its integrity and promotes
cultural harmony by doing their duties as citizen of the nation.
 Environmental pollution has become a great cause of concern. These
duties remind us to keep our environment free from pollutants.
 The inclusion of providing opportunity for education for children as a
fundamental duty is a big step forward towards safeguard of human
rights and abolition of social injustices.

21. Non- enforceable and
Non-justiciable nature
 As the state offers the citizens fundamental rights, it is the
fundamental duty of each citizen of india to further national
integration and contribute towards a better society.
 Unlike fundamental rights, fundamental duties are non-justifiable.
This means that no one can be punished in case of their violation of
any fundamental duty.
 These duties are non-enforceable in nature. That is no court or any
government body can directly enforce any of these duties on any
particular citizen legally.
 But if the state makes a law to prohibit any act or conduct in violation
of any of the duties, the court would uphold that as a reasonable
restriction on the relevant fundamental right.

22. Conclusion
 So for the enjoyment of valuable fundamental rights ,
firstly we need to obey our fundamental duties seriously
as a law abiding citizen and must realize that he has
certain duties towards the nation to achieve the objective
of part IV-A that is national integrity and respect.