Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:

Consider the passage given below and answer the following question.
Prior to Maneka Gandhi v. Union of India judgment, Article 21 ensured the right to life and personal liberty to citizens just against the arbitrary action of executive and not from legislative action. The state could obstruct the freedom of citizens in the event that it could uphold its activity by a substantial regulation. Justice Bhagwati observed that the expression ‘personal liberty’ in Article 21 is of widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and some of them have raised to the status of distinct fundamental rights and given additional safeguard under Article 19.

Which of the following statement (s) is/are NOT correct about Right to Education as enshrined in our Constitution?

Options:

Prior to 2002, the Indian Constitution considered elementary education for children between age of six and fourteen as a policy goal provision in the Directive Principles of State Policy.

In 2002, the Supreme Court affirmed that depriving one from education amounts to depriving one's right to life. This meant that elementary education was raised to the status of fundamental right from that of a policy goal (directive principles) and hence enforceable.

In 2002, Article 21A was introduced providing the right to elementary education was created as a fundamental right.

All of the above.

Correct Answer:

In 2002, the Supreme Court affirmed that depriving one from education amounts to depriving one's right to life. This meant that elementary education was raised to the status of fundamental right from that of a policy goal (directive principles) and hence enforceable.

Explanation:

Prior to 2002, the Indian Constitution considered elementary education for children between age six and fourteen as a policy goal provision in the Directive Principles of State Policy. Briefly put, Directive Principles of State Policy are not enforceable in a court of law as they are aspirational goals to be achieved over a period of time. In 1992-93, the Supreme Court affirmed that depriving one from education amounts to depriving one's right to life. This meant that elementary education was raised to the status of fundamental right from that of a policy goal (directive principles) and hence enforceable. Accordingly, in 2002, Article 21A providing the right to elementary education was created as a fundamental right.