File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

The Legal Balance Between Article 21A and Article 51A: Rights and Duties in Education

The Indian Constitution carefully balances the rights of citizens with corresponding duties. This balance is evident in the relationship between Article 21A and Article 51A. Article 21A guarantees the right to education for children aged six to fourteen, while Article 51A(k) imposes a duty on parents to ensure their children exercise this right. This legal framework underscores the importance of education as both a fundamental right and a parental responsibility.

Article 21A: The Right to Education
Article 21A, added by the 86th Amendment in 2002, mandates that the state provide free and compulsory education to children within the specified age group. This article elevates education to a fundamental right, essential for personal and national development. The state is thus constitutionally bound to ensure every child has access to educational opportunities.

Article 51A: The Duty of Parents

Article 51A, introduced by the 42nd Amendment in 1976, lists the fundamental duties of citizens. Article 51A(k) specifically requires parents or guardians to ensure their children receive education as mandated by Article 21A. This legal duty is crucial in actualizing the right to education, emphasizing that while children may choose whether to study, parents are legally obligated to provide them with educational opportunities.

Legal Interpretation and Implications:

The judiciary has reinforced the connection between these articles, ensuring that the right to education under Article 21A is supported by the parental duty under Article 51A(k). Courts have consistently held that the realization of this right depends on parents fulfilling their legal obligations, regardless of a child's reluctance to study. This ensures that the constitutional promise of education is not undermined.

Unni Krishnan, J.P. v. State of Andhra Pradesh (1993)

is a landmark judgment by the Supreme Court of India that played a crucial role in shaping the right to education as a fundamental right. Right to Education as a Fundamental Right: The Supreme Court recognized education as a fundamental right derived from Article 21. It stated that without education, the right to life would be meaningless, as education is essential for the full development of an individual's personality and potential.

Obligations of the State:
The judgment placed a duty on the state to provide educational facilities at all levels, especially at the primary level. The Court emphasized that the state must ensure that every child has access to free and compulsory education up to a certain age.Impact on Legislation: The Unni Krishnan judgment laid the foundation for the 86th Amendment to the Constitution in 2002, which introduced Article 21A, making free and compulsory education a fundamental right for children aged six to fourteen years.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly