"The State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the state may, by law, determine"
This Article - 21 A or Provision of Right to Education for Children was added by the 86th Constitutional Amendment Act of 2002, The act also introduces the 11th fundamental duty of Citizen under Article 51 - A (k) which mentions - The duty of all parents/guardians to send their children, in the age group of 6-14 years, to school.
Earlier
Even before this amendment, the constitution contained a provision for Free and Compulsory education for Children under Article 45 in Part IV. However, being a directive principle, it was not enforceable by the Courts.
In 1992, the Supreme court has declared that there was a Fundamental right to education up to any level including professional education like Engineering and Medicine.
In 1993, The apex court has overruled it earlier judgment of 1992 and recognized a Fundamental Right to primary education in the "Right to Life" under Article 21 and by limiting the age, it held that every child or citizen of this country has a right to free education until he completes the age of 14 years.
Implementation of Right To Education
In pursuance of Article 21 A, the Parliament of India enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009. This act seeks to provide full-time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.
Features and merits of Right to Education
- This is a major milestone in the Country's aim to achieve "Education for All".
- This legislation respects the value of equality, social justice and democracy and promotes the creation of just an human society by ensuring education to all below the age of 14 years.
Limitations of Right to Education
- This provision makes only elementary Education a Fundamental Right and not higher or professional education.
- This Act does not ensure any educational rights after the age of 14 Years, hence, thereafter any citizen's right to education is subject to the limits of economic capacity and development of the state.
- This Act is not applicable to private minority schools, non-minority schools and boarding schools.
Contradiction with other Right
The Society for Un-aided Private Schools, Rajasthan (in Writ Petition (Civil) No. 95 of 2010) and as many as 31 others petitioned the Supreme Court of India claiming that the act violates the constitutional right of private managements to run their institutions without governmental interference.
Note: MINISTRY OF LAW AND JUSTICE (Legislative Department) has amended this act in 2019. You can Read here >> THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION (AMENDMENT) ACT, 2019
