Author: Apoorva Begani

College: Renaissance Law College, Indore (M.P.)


Education is one of the primary components. It helps people to think differently. It is a tool that provides knowledge, technique, skill and allows them to realize their rights and duties towards their family, society, and additionally to the nation. It enlarges our vision and the way how we see the world.

Right to Education is a Fundamental Right. It brings innovative ideas to the mind and because of creativity, we get a lot of ideas and by these ideas, we can contribute to developing our nation. An Educated Voter can choose better representatives and helps in developing his/her Country. It promotes sustainable economic growth. It encourages participation and the decision-making process. A literate citizen can use resources effectively and efficiently.

Right to Education (RTE)-

Right to Education is a human right and it was added in so many International Conventions like the International Covenant on economic, social, and cultural rights, 1966 under Article 13. Right to Education is introduced in the United Nations Universal Declaration of Human Rights, 1948 under Article 26. Convention concerning Discrimination in Respect of Employment and Occupation, 1958 under Article 3. Convention against Discrimination in Education, 1960. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1981 under Article 10. The United Nations Convention on the Rights of the Child, 1989 under Article 28&29.

Right to Education (Article21A) was added in the 86th Constitutional Amendment Act, 2002. The Parliament gave effect and passed the Right of Children to Compulsory Education Act,2009 it contains 7 chapters and 38 sections. It imposed the responsibilities on central and state government, teachers, parents, and the society for making sure that all children of the age of 6 to 14 years receive free and compulsory basic or elementary education. It announced that the state must provide free and compulsory education to all the children who are 6 to 14 years of age group in such a way as the state may think fit.

In 2008, It was stamped and approved by the Union Cabinet, then it was placed before the Rajya Sabha and it was passed in July 2009. After that, it was presented before the Lok Sabha and which was passed in August 2009. It came into effect on 1st April 2010.

Constitutional Development-

The Right to Children to free and compulsory education Act, 2009 (RTE) has a lengthy and up and down history.

At the time of Drafting of the Constitution of India the committee had talked about the Right to Education. They perceived the significance of education. The Sub-committee included basic education as a Fundamental Rights i.e. part 3 of the Constitution of India. Although it was rejected by the advisory committee of the Constituent Assembly. But it was added in DPSP which imposes a duty on the state under Article 45 which states that ‘to provide free and compulsory education to all children until they complete the age of 14 years’. The aim was to put an end to illiteracy country.

It was anticipated that the elected government will follow this Article but the government contradicted the view of the framers of the Constitution.

It was not added in part 3 of the Constitution of India i.e. Fundamental Rights because there is a lack of finance. It was not practicable due to the financial condition of the new state. In Article 51 also there is a duty of parents to provide basic education to the children.

Free Education means the child is not liable to pay any fees or charges which stop him/her from taking and completing compulsory education. A child who has taken admission in such a school that is not supported by the Government shall liable to pay all the fees or charges or expenses.

Compulsory Education means a duty which is imposed on central and state government to provide and maintain the completion of basic education by the children of 6-14 years age group.

It Prohibits :

a) Physical punishment

b) Mental Harassment

c) The selection process for admission

d) Capitation fees

e) Private tuition

f) Running of schools without identification.

Organizations which promote RTE-

1. United Nations Educational, Scientific and Cultural Organization (UNESCO)

2. United Nation Children’s Fund (UNICEF)

3. World Bank

4. International Labour Organisation (ILO)

Need for RTE-

There is a need of getting a standard education and to improve the status of education and every child has his/her rights to take it. It avoids discrimination at all footing of the educational system.

Benefits of RTE-

Earlier, RTE has added in part 4 of the constitution i.e. Directive Principles of the State Policy under Article 45. But the DPSP are unenforceable. In history that was the first time that India made the Right to Education enforceable by shifting it to part 3 of the Constitution Of India under Article 21A. This provides the right to education to the child as a Fundamental Right.


If anyone prevents any person or child to take education irrespective of any excuse. Then One can file a writ before the High Court under Article 226 and before the Supreme Court under Article 32 of the Constitution Of India.

Judicial Decision-

It was added in Fundamental Rights, In Mohini Jain v. State Of Karnataka the Apex Court decided by a divisional bench which was comprised of Justice Kuldeep Singh and R. M. Sahai on the practice of charging capitation fee that;

‘ The right to education flows directly from the right to life. The right to life and the dignity of an individual cannot be assured unless it is accompanied by the Right to Education’.

In J.P. Unnikrishnan v. State of Andhra Pradesh judgment, it was examined by the constitutional bench that;

‘The right to education further means that a citizen has a right to call upon the state to provide educational facilities to him within the limits of its economic capacity and development’.


Every generation looks for a better education system so that the new generation can grow our nation in a better and advanced manner. Because of the right to education, every child has equal rights and there is no discrimination between high and low, rich and poor, irrespective of caste, color, creed, sex, place, and religion. There is a need to develop our education system in a better way so that each one of us gets a standard or quality education.

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