Right to Education under Article 21A

Article 21A guarantees every child aged 6-14 years a fundamental right to free and compulsory education. The State must provide such education in the manner determined by law, principally through the Right of Children to Free and Compulsory Education Act, 2009.

Constitutional basis

The 86th Constitutional Amendment Act, 2002 inserted Article 21A in Part III, making elementary education an enforceable fundamental right. It also substituted Article 45 to provide for early childhood care and education below six years, and added Article 51A(k), which places a duty on parents or guardians to provide educational opportunities to children aged 6-14 years.

Meaning of free and compulsory education

The Right of Children to Free and Compulsory Education Act, 2009, effective from 1 April 2010, gives operational content to Article 21A.

• “Free” means that no child can be required to pay any fee, charge or expense that prevents completion of elementary education.
• “Compulsory” places responsibility on the appropriate government and local authority to secure admission, attendance and completion, rather than compelling the child through punishment.
• Elementary education covers Classes I-VIII, ordinarily in a neighbourhood school.
• A child who was never enrolled or could not complete elementary education must receive age-appropriate admission and special training; the entitlement continues until completion even if the child crosses fourteen years.

Institutional reach and safeguards

• Government schools must provide free elementary education, while aided schools must provide it proportionate to the aid received, subject to the statutory minimum.
• Specified-category and unaided non-minority schools must reserve at least 25 per cent of entry-level seats for children belonging to weaker sections and disadvantaged groups, with government reimbursement as prescribed.
• The Act prescribes norms concerning teachers, pupil-teacher ratios, infrastructure and working days, and prohibits capitation fees, admission screening, physical punishment and mental harassment.
• The Supreme Court has held that the RTE Act cannot be applied to minority educational institutions, because their protection under Article 30(1) would otherwise be impaired.

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