this case, we
are concerned with the interplay of Article 21 , Article 21A , on the one
hand, and the right to establish and administer educational ... keep in mind
Article 29(2). As stated, Article 30(1) is subject to Article 29(2).
The said Article confers right of admission upon
into the
question whether clause (5) of Article 15 or Article 21A of the
Constitution is valid and does not violate the basic structure ... decided by this Constitution Bench.
4. Both clause (5) of Article 15 and Article 21A were inserted in the
Constitution by Parliament by exercise
writ petitions by virtue of the rights conferred by Article 21A of the Constitution of India read with the Right of Children to Free ... Right of Children to Free and Compulsory Education Act, 2009 and Article 21A of the Constitution of India.
7. Thus, in the course of arguments
language, the child cannot claim as of right under Article 21 or
Article 21A of the Constitution that he has a right to choose ... primary
school stage under Article 19(1)(a) and not under Article 21 or
Article 21A of the Constitution.
34. Question No.(iii): Does
school education made a distinction between the old Article 45 and the new Article 21A in the following words :
To provide for free and compulsory ... Article 21A was enacted to give effect to Article 45 of the Constitution. Under Article 21A , right is given to the State to provide
which was earlier granted under Article 45 , subject to financial
constraints. According to him, the intent behind Article 21A is that the
State should ... other Articles under Part III of the
Constitution of India which protect pre-existing Rights.
26. He submitted that „State‟ in Article 21A includes
exclusion applicable to SC/ST?
2. Can the Fundamental Right under Article 21A
be accomplished without great emphasis on
primary education?
3. Does the 93rd ... caste. Free and compulsory education is
now a fundamental right under Article 21A. The State is duty
bound to implement this Article on a priority
this right of the child to education as
enshrined in Article 21 and Article 21A of the Constitution,
the Parliament has enacted ... class I and not to restrict the freedom under Article 19(1)(g).
232. Article 21A has used the expression "such manner"
which
Constitutional and
Statutory provisions relating to the issue at hand :-
" Article 21A of the Constitution :- Right to
education--The State shall provide free ... elementary level
is a fundamental right guaranteed by the Constitution under
Article 21A of the Constitution of India and therefore, the State's
action
REASONABLE RESTRICTION UNDER ARTICLE 19(6)? ............................. 78
H. MINORITY INSTITUTIONS AND THE SHARED CONSTITUTIONAL RESPONSIBILITY
UNDER ARTICLE 21A ................................................................................................................ 82
I. TEACHERS’ ROLE IN IMPARTING QUALITY ... Cultural Trust (supra)
considered the validity of both Article 15(5) and Article 21A.
p. Imposing TET qualification for promotion may cause stagnation,
which could
