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Right to Education — MCQs

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  1. Article 21A, inserted by the 86th Constitutional Amendment (2002), makes free and compulsory education a fundamental right for children of what age group?

    • 6 to 14 years (correct answer)
    • 3 to 18 years
    • 0 to 6 years
    • 14 to 18 years

    Explanation. Article 21A guarantees free and compulsory education to all children aged 6 to 14 years, in such manner as the State may, by law, determine.

  2. Parliament gave effect to Article 21A by enacting which statute?

    • The Right of Children to Free and Compulsory Education (RTE) Act, 2009 (correct answer)
    • The Juvenile Justice Act, 2015
    • The National Education Policy, 2020
    • The Right to Information Act, 2005

    Explanation. The RTE Act, 2009 operationalises Article 21A, laying down norms for schools, teacher qualifications, prohibition of screening tests/capitation fees, and a 25% reservation for economically weaker/disadvantaged children in private unaided schools.

  3. In Society for Un-aided Private Schools of Rajasthan v. Union of India (2012), the Supreme Court upheld the RTE Act's 25% reservation for economically weaker sections in:

    • Private unaided non-minority schools, while exempting unaided minority schools (correct answer)
    • Only government schools
    • Only minority-run schools
    • Only schools run by religious trusts

    Explanation. A three-Judge Bench upheld the 25 per cent rule as a reasonable restriction on the trade and profession of private schools. The majority exempted unaided minority schools, whose right comes from Article 30(1).

  4. In Society for Un-aided Private Schools of Rajasthan, Radhakrishnan J. dissented, holding that the RTE Act should not bind:

    • Any private school at all
    • Unaided schools (those not funded by the State), not only minority-run ones (correct answer)
    • Only government schools
    • Only schools outside metropolitan cities

    Explanation. Radhakrishnan, J. dissented on the point of unaided schools, which the State does not fund. The majority exempted only unaided minority schools.

  5. In Pramati Educational and Cultural Trust v. Union of India (2014), the Supreme Court clarified that the RTE Act does not apply to:

    • Only government schools
    • Minority educational institutions, whether aided or unaided (correct answer)
    • Only rural schools
    • Only schools established after 2009

    Explanation. A Constitution Bench in Pramati upheld Articles 21A and 15(5) and held that the Act does not apply to minority institutions, whether aided or unaided. Article 15(5) itself does not cover minority institutions under Article 30(1).

  6. Article 21A is placed in the Constitution as:

    • A Directive Principle of State Policy only, not enforceable in court
    • A justiciable Fundamental Right, enforceable directly in court, unlike a mere Directive Principle (correct answer)
    • Part of the Preamble
    • A Fundamental Duty

    Explanation. Article 21A is a Fundamental Right for children of six to fourteen years. Article 45, a Directive Principle, now concerns early childhood care below six, and a child cannot enforce it as a Fundamental Right.

  7. Before the 86th Amendment, the constitutional basis for the State's duty to provide free education for children was found in:

    • Article 45, a Directive Principle, with an age limit of fourteen years (correct answer)
    • Article 21A, which already existed since 1950
    • There was no constitutional basis at all before 2002
    • Article 51A, the Fundamental Duties

    Explanation. In Unni Krishnan, the Court held that every child has the right to free education until fourteen, a limit that matched the older Article 45. The 86th Amendment inserted Article 21A, substituted Article 45 (early childhood care below six) and added Article 51A(k).

  8. The 86th Amendment also added a new Fundamental Duty under Article 51A requiring:

    • Every citizen to pay income tax on time
    • A parent or guardian to provide opportunities for education to their child or ward between the ages of 6 and 14 (correct answer)
    • Every citizen to vote in every election
    • Every citizen to serve in the armed forces

    Explanation. The 86th Amendment inserted Article 51A(k), making it a Fundamental Duty of every parent or guardian to provide opportunities for education to their child, or as the case may be, ward between the ages of 6 and 14 years — a duty introduced in tandem with the new Article 21A right.

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