Article 21A: Right to Education

Article 21A guarantees every child aged six to fourteen the right to free and compulsory education. The State must provide such education in the manner determined by law, making it an enforceable Fundamental Right.

Constitutional basis

Article 21A was inserted into Part III by the 86th Constitutional Amendment Act, 2002 and came into force on 1 April 2010. It places responsibility on the State to secure elementary education for every child within the specified age group.

• As a Fundamental Right, the guarantee is enforceable through constitutional remedies.
• The Constitution leaves the manner of providing this education to legislation enacted by the State.

Meaning of free and compulsory education

The Right of Children to Free and Compulsory Education Act, 2009 gives effect to Article 21A and treats elementary education as education from Classes I-VIII.

• Free education means that no child may be required to pay fees, charges or expenses that prevent the child from pursuing and completing elementary education.
• Compulsory education places a duty on the appropriate government and local authority to ensure admission, attendance and completion of elementary education.
• The Act prescribes school and teacher norms and prohibits capitation fees, admission screening, physical punishment and mental harassment.

Related constitutional provisions

The guarantee is complemented by Article 45, which directs the State to endeavour to provide early childhood care and education for children below six years. Under Article 51A(k), a parent or guardian has a Fundamental Duty to provide educational opportunities to a child or ward aged six to fourteen.

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