School of Education

FUNDAMENTAL RIGHTS & ITS

RELATION WITH EDUCATION

Prepared by: Ravi Raj Kamal

Admission No. 21GSOE1010010
Course Code: BEDU1072
11/3/2021 Batch: 2021-2023
Submitted to: Ms. Neha Kumari Ma’am Program 1Name:
 Aims and Objective

• Explain the meaning and importance of Fundamental Rights;

• Highlight that the dignity of an individual is protected and safe guarded through
Fundamental Rights;
• Recognise that the enforcement of Fundamental Rights is ensured through High
Courts and the Supreme Court;
• Explain the Right to Equality;
• Appreciate the Constitutional limitations on the enjoyment of Fundamental Rights.
• Explain the Relationship b/w Fundamental Rights & Education

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Submitted to: Ms. Neha Kumari Ma’am Program 2Name:

 CONSTITUTION

• Supreme law of the Land

• It is written Document, one of world’s lengthiest Constitution
• All other law our country is derived from our Constitution
• People in democratic countries enjoy certain rights, which are protected by judicial system of the
country concerned. Their violation, even by the State, is not allowed by the courts. India respects
the rights of the people, which are listed in our Constitution, under the heading “Fundamental
Rights”.
• Fundamental Rights belongs to Part III of Constitution
• Idea of having FR is borrowed from Constitution of USA
• Article 12 to Article 35

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Submitted to: Ms. Neha Kumari Ma’am Program 3Name:

 Meaning and Definition

• Rights are Claims, not just any claims but Social Claims.
• They are called Social Claims because they are recognized by Society.
• “Rights are those conditions of social life without which no man can seek
in general, to be himself at his best: Laski

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Reference: Harold Joseph Laski, Theory of Rights

Submitted to: Ms. Neha Kumari Ma’am Program 4Name:
 Provisions of FR in Constitution of India

• Article 13.
• (1) All laws in force in the territory of India immediately before the commencement of
this Constitution, in so far as they are inconsistent with the provisions of this Part, shall,
to the extent of such inconsistency, be void.

• (2) The State shall not make any law which takes away or abridges the rights conferred
by this Part and any law made in contravention of this clause shall, to the extent of the
contravention, be void.

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Reference: Part3.pdf (mea.gov.in)

Submitted to: Ms. Neha Kumari Ma’am Program 5Name:
 How Many Fundamental Rights ?

1. Right to Equality,
2. Right to Freedom,
3. Right Against Exploitation,
4. Right to Freedom of Religion,
5. Cultural and Educational Rights,
6. Right to Constitutional Remedies. (also called Soul of the Constitution)
Recently by the 86th Amendment Act (2002), the Right to Education has been included in the list
of Fundamental Rights as part of the Right to Freedom by adding Article 21(A).

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Reference: Constitution of India

Submitted to: Ms. Neha Kumari Ma’am Program 6Name:
 Writs?

HABEAS CORPUS; (Latin term) It is an order by the court to the state to produce the person
physically before it justify the confinement or release of the person.
MANDAMUS: (Latin term) It is a command or an order from a superior court to a subordinate
court or tribunal or public authority to perform its duty in case it is not doing it.
PROHIBITION: It is an order issued by the Superior Court to forbid a subordinate court or tribunal
from proceeding with a case which is beyond its jurisdiction.
QUO WARRANTO: This writ is issued to restrain a person from acting in a public office to which he
/she is not entitled.
CERTIORARI : The term certiorari means “to be informed of what is going”. It is an order to a
lower court from a superior court to transfer the matter to it or to any other court for deciding the
matter

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Reference: Constitution of India

Submitted to: Ms. Neha Kumari Ma’am Program 7Name:
 Relationship b/w FR & Education

• The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in

the Constitution of India to provide free and compulsory education of all
children in the age group of six to fourteen years as a Fundamental Right in
such a manner as the State may, by law, determine.
• It specifies the duties and responsibilities of appropriate Governments, local
authority and parents in providing free and compulsory education, and
sharing of financial and other responsibilities between the Central and State
Governments.

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Reference: Right to Education | School Education & Literacy
Submitted to: Ms. Neha Kumari Ma’am Program 8Name:
 REFERENCES

• Harold Joseph Laski, Theory of Rights

• Part3.pdf (mea.gov.in)
• Constitution of India
• Right to Education | School Education & Literacy

Faculty
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Name: Program Name: 9