A CRITICAL STUDY OF THE RIGHT TO EDUCATION IN INDIA
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Abstract
The State is the foremost institution which has full rights and responsibilities to work in the interest of the
people. Initially the State was characterized as “law and order” State as its acts extended only up to defending the country from external aggression, maintaining law and order within the country, dispensing justice to its subjects and collecting a few taxes to finance these activities. The management of social and economic life was not regarded as governmental responsibility.
This leissez faire concept of the State did not prove to be in the favour of the subjects. It resulted in human
suffering. As the situation of all the people in society was not equal, the stronger section started to exploit the weaker one. The instances may be seen in industries where management exploited the labour class. Consequently, the poor became poorer and rich richer.
On the one hand, slums, unhealthy and dangerous conditions of work, child labour, widespread poverty
and exploitation of masses but, on the other hand, concentration of wealth in a few hands, became the order of the day.318
Then it was realized that the State may be the only institution which may change the picture, i.e., may
make balance among the people in the society, be it socially, politically or on any other ground. Consequently, the State started to take positive step and the concept of the ‘law and order’ State gave the place to welfare State. In India, the picture changed after independence. The British rule proved to be the police State only. When they left India the social situation was totally deteriorated. Only with the enactment of the Constitution, India could adopt the form of the welfare State.
Today, the State pervades every aspect of human life. It runs buses, railways and postal services. It undertakes planning of social and economic life of the community; improve slums, plans urban and rural life looks after health etc. Among these functions, providing education is one of the key functions of the State.
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