Article 21A: Right to Education

Article 21A: Right to Education

Notes

Art. 21A: "The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine." Inserted by the 86th Amendment Act, 2002, effective from 1 April 2010 when the Right of Children to Free and Compulsory Education (RTE) Act, 2009 came into force.

Background

• Mohini Jain v State of Karnataka (1992) read the right to education into Art. 21; Unni Krishnan v State of AP (1993) limited it to children up to 14 years, after which it depends on the State's economic capacity.
• The 86th Amendment also: (i) changed Art. 45 (DPSP) to early childhood care and education for children below six; (ii) added Art. 51A(k), a fundamental duty on parents/guardians to provide educational opportunities to children aged 6 to 14.

RTE Act, 2009: key features

• Free and compulsory elementary education (Classes I to VIII) in a neighbourhood school.
• 25% reservation at entry level in private unaided (non-minority) schools for children of economically weaker and disadvantaged groups; the State reimburses costs.
• No capitation fee, no screening test for admission.
• Pupil-teacher ratio: 30:1 (primary), 35:1 (upper primary).
• No detention policy up to Class VIII, amended in 2019 to let States hold regular examinations in Class V and VIII and detain failing students after remedial teaching. In December 2024, the Centre ended the no-detention policy for schools under its own administration.
• School Management Committees with local community participation; NCPCR and State commissions monitor implementation.
• Prohibits corporal punishment and mental harassment.

Judicial verdicts

• Society for Unaided Private Schools of Rajasthan v Union of India (2012): upheld the RTE Act, including the 25% quota in private unaided schools.
• Pramati Educational and Cultural Trust v Union of India (2014): RTE Act does not apply to minority institutions (Art. 30(1)), whether aided or unaided.

Related: NEP 2020 restructures schooling as 5+3+3+4 and aims at universal access to education up to Class XII by 2030.

Key Points

• Art. 21A: ages 6 to 14; 86th Amendment (2002); RTE Act 2009 (effective 1 April 2010).
• Art. 45 now covers children below six; Art. 51A(k) imposes a duty on parents.
• 25% reservation in private unaided schools.
• RTE does not apply to minority institutions (Pramati, 2014).
• Free education is the State's duty, compulsory attendance applies to the child.

MCQs

Q1. Art. 21A (Right to Education) was inserted by which Amendment?
(a) 42nd
(b) 44th
(c) 86th
(d) 93rd
Ans: (c). 86th Amendment, 2002.

Q2. The RTE Act, 2009 does NOT apply to:
(a) Government schools
(b) Private unaided schools
(c) Minority educational institutions
(d) Aided schools
Ans: (c). Pramati Educational Trust (2014).

Q3. After the 86th Amendment, Art. 45 deals with:
(a) Free education up to 14 years
(b) Early childhood care and education for children below six
(c) Higher education
(d) Education of SC/ST
Ans: (b).