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ART. 22(2) THE CONSTITUTION OF INDIA 87
Right to Education guaranteed by Article 21-A would remain illusory in the absence of State taking adequate steps to have required number of schools manned by efficient and qualified teachers. — State of Uttar Pradesh v Bhupendra Nath Tripathi, AIR 2011 SC 63 : (2010)13 SCC 203.
Right of Children to Free and Compulsory Education Act, 2009 enacted to give effect to Article 21-A — Society for Un-aided Private Schools of Rajasthan v Union of India and Another, AIR 2012 SC 3445 : 2012(4) SCC 1 : 2012(4) SCJ 318.
Right to life in Article 21 covers access to education, while Article 21-A provides for free and compulsory education to children. (State of Karnataka and Another v Associated Management of (Government Recognised-Unaided-English Medium) Primary and Secondary Schools and Others with Nallur Prasad and Others v State of Karnataka and Others with R.G. Nadadur and Others v Shubodaya Vidya Samasthe and Another and State of Karnataka and Others v Mohamed Hussain Jucka, 2014(3) Kar. L.J. 161 (SC) (CB) : AIR 2014 SC 2094 : (2014)9 SCC 485).
Right to children to Free and Compulsory Education Act, (2009) is Constitutionally valid. (Society for Un-Aided P. School of Rajasthan v Union of India, AIR 2012 SC 3445 : (2012)4 SCC 1 : 2012(4) SCJ 318).
A child, and on his behalf his parent or guardian, has the right to choose the medium of instruction at the primary school stage under Article 19(1)(a) and not under Article 21 or Article 21-A of the Constitution. (State of Karnataka v Associated Management of P. & S. Schools, AIR 2014 SC 2094 : (2014)9 SCC 485).
Article 21-A is enabling provision, is not violative of Article 19(1)(g). (Pramati Educational and Cultural Trust‚ and Others v Union of India and Others, 2015(2) Kar. L.J. 70 (SC) : AIR 2014 SC 2114 : (2014)8 SCC 1).
Child exploitation - Children Working in circus - Supreme Court directed the Central Government to frame scheme for their rehabilitation. (Bachpan Bachao Andolan v Union of India, AIR 2011 SC 3361 : (2011)5 SCC 1).
Right to elementary education is a fundamental right under Art 21A. Student cannot be failed upto 8th class. (Master Vastal Khakharia v State of Chhattisgarh, AIR 2018 Chh 135).
22. Protection against arrest and detention in certain cases.—(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.
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