Table of Contents

Right to Education (Article 21A): RTE Act, 2009

Table of Contents

Theoretical overview

Right to education act was passed by the parliament in August 2019 which came into force on 1 April 2010. India became one amongst 135 countries where education is the fundamental right of every child.  86th constitution amendment of 2002 inserted article 21a in the Indian constitution which states that the state shall provide free and compulsory education to all children of 6 to 14 years of age. Through this article, the right to education was made a fundamental right and removed from the list of directive principles of State policy. Earlier it was not a mandate but now it has been made one, as it is now made a fundamental right.

Main features of right to education act are –  

  • every child between the ages of 6 to 14 years and 6 to 18 years for differently abled child has the right to free and compulsory education 
  • it also makes provisions for a non-admitted child to be admitted to age-appropriate class 
  • 25% reservation for disadvantaged community in admission to class 1 
  • They are also entitled to free text books, writing material and uniform 
  • Act provides that the teachers appointed should be appropriately trained and qualified 
  • The infrastructure of the school should contain one classroom for every teacher, hygienic kitchen for mid-day meal, save drinking water facility, separate toilets for boys and girls, library, playground and school management committee

Important case laws

The Indian judicial system attempted to include the right to education as a component of the Right to Life in the 1993 case of Unni Krishnan v. State of Andhra Pradesh

Points to remember

  • Right to education act was passed by the parliament in August 2019 which came into force on 1 April 2010
  • 86th constitution amendment of 2002 inserted article 21a in the Indian constitution which states that the state shall provide free and compulsory education to all children of 6 to 14 years of age
  • every child between the ages of 6 to 14 years and 6 to 18 years for differently abled child has the right to free and compulsory education 

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