Part IV of the Constitution of India to seek to promote education
The directive principles of state
policy are enumerated in part IV of the constitution from articles 36 to 51. The
directive principles constitutes very comprehension economic, social, and
political programme for a modern democratic state. They aim at realizing the
high ideas of justice, liberty, equality and fraternity as outlined in the
preamble to the constitution. They embody the concept of a ‘welfare state’ and
not that of a ‘police state’, which existed during the colonial era.
In the article 41 right to work, to
education and to public assistance in certain cases the state shall, within the
limits of its economic capacity and development, make effective provision for
securing the right to work, to education and to public assistance in cases of unemployment,
old age, sickness and disablement, and in other cases of undeserved want.
Right to education
The jurisdiction of court to
interfere with discretion exercised by expert’s body like medical council of India
or Dental council of India is limited even though right to education is concomitant
to the fundamental rights.
At the time when the Commission
released its Consultation Paper on the subject, Constitution (93rd Amendment)
Bill was under consideration. But the
proposed Amendment covers the Right to Free and Compulsory Education only
between the years 6 and 14 years. The Commission is of the view that the Right
to Free and Compulsory Education should also be extended to the children up to
the age of fourteen years and that the right to education beyond the age of 14
years may depend upon the economic capacity and the stage of development of the
State.
The Commission feels that the
constitutional commitment for free and compulsory education for all children
until the age of fourteen should under no circumstances be diluted and the
State should fulfill this solemn obligation to the nation. The responsibility for the universalisation
of elementary education should be entrusted to Panchayats and local self
government institutions. It is
recommended that the relevant provisions in the Constitution (93rd Amendment)
Bill, 2001 making the right to education of children from six years till the
completion of fourteen years as a Fundamental Right should be amended and
enlarged to read as under:-
“30-C Every child
shall have the right to free education until he completes the age of fourteen
years; and in the case of girls and members of the Scheduled Castes and the
Scheduled Tribes, until they complete the age of eighteen years.”.
