Right to Education (RTE Act 2009)
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Consider the following statements regarding the various lists (Union List, State List, and Concurrent List) given under the Seventh Schedule of the Indian Constitution and provisions related to education:
- 1. Originally, 'Education' was a subject under the 'State List' under the Seventh Schedule of the Indian Constitution, which was transferred to the Concurrent List by the 42nd Constitutional Amendment Act,
- 2.
- 3. Presently, under Article 21A of the Indian Constitution (added by the 86th Constitutional Amendment Act, 2002), the fundamental right to provide free and compulsory education to all children in the age group of 6 to 14 years has been granted.
- 4. Under the Directive Principles of State Policy (DPSP), Article 45 provided that the State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
- 5. Both the Centre and the States can make laws on subjects included in the Concurrent List, but if there is a conflict between the laws of both, the State law is considered supreme and the Central law becomes invalid.
Which of the above statements are correct?
✓ Correct! Well done.
✗ Not quite — the correct answer is highlighted above.
Detailed Explanation & Solution
Statements 1, 2, and 3 are correct. In the original Constitution, education was a subject in the State List, which was moved to the Concurrent List by the 42nd Constitutional Amendment 1976. Article 21A (86th Amendment 2002) makes education a fundamental right, and Article 45 DPSP provides for early childhood care and education. Statement 4 is incorrect because in case of a conflict between laws made by the Centre and the State on subjects in the Concurrent List, according to Article 254, the 'parliamentary law' (Central law) prevails, not the State law.
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