Right of Children to get free and compulsary Education Act

Education’s fruit is sweet, but its root is bitter. Despite the fact that I start my introduction with this lovely remark, it is regrettable that only half of India’s youngsters, ages 6 to 14, attend school. Between the ages of 6 and 14, 3 million kids do not attend school. Moreover, 70 million kids worldwide are prohibited from attending school each day. We will learn about the fundamental need for education in relation to human rights, the difficulties facing education in India, the rights linked with education, acts, amendments, funding allocations, and many other elements relating to the India Constitution in this Article.

International Legal Basis

Article 26 of the Universal Declaration of Human Rights, which is based on international recognition, enriches the “Right to Education” and is regarded as a fundamental human right. Everybody should have the right to primary education, according to social and cultural rights outlined in many international agreements like Articles 13 and 14. In the convention against discrimination in education, which was held in Europe on March 20, 1952, and was ratified by UNESCO in 1960, the right to education was once again strongly stated that everyone should have access to primary education in order to establish their eligibility for education under Article 2.

According to the 1941 Universal Declaration of Human Rights, “Every human being has the right to education.

” Education must be free, at least in the primary and secondary levels. Furthermore, primary education will be mandated. Advance and professional education must be made widely available, and higher education must be made available to all on the basis of merit and equality.”

Many other international human rights treaties have affirmed and propagated the right to education, including the following:


  • Articles 28 and 29 of the United Nations Convention on the Rights of the Child were ratified in 1989.
  • Article 10 of the Tradition on the End of All Shapes of Segregation Against Ladies was approved in 1981.
  • Article 3 of the Convention against Discrimination on the Basis of Employment and Corruption was adopted in 1953.

These international agreements sought to provide the high quality and standard of education that every person should receive while also attempting to eliminate discrimination at all levels of the educational system.

It is a joy to note that India is a state party to the Child’s Rights Convention, the CEDAW Convention, and the CERD Convention for the purposes of the operation of these treaties.

Several global organizations dedicated to promoting education-:

  • Children’s Fund Amnesty International
  • Worldwide Labor Organization
  • It’s the World Bank.

All of these international organizations and treaties worked arduously to eradicate the issue of poverty through education. Although there are many global issues, we must first complete the task of educating everyone, and it is imperative that every child have access to primary education of a standard quality and have the opportunity to pursue higher education.

Right to Education in India

Education is the method of obtaining information, abilities, convictions and propensities. It moreover makes a difference lift the financially and socially distraught out of destitution

The vast majority of young people resided in India. However, it is also true that India is home to one-third of the world’s uneducated people. It’s not like the rate of literacy hasn’t grown; it has, but the growth rate is incredibly slow compared to the rate of decline. The percentage was 12.6% from 1991 to 2001, but it has since dropped to 9.21%.

The government of India passed the Right to Free and compulsory education act, or RTE, and declared education a basic right for children aged 6 to 14 in an effort to address these grave problems.

The Right to Education Act is a piece of legislation that the Indian Parliament presented on August 4th, 2009, and it serves as a model for the value of free and mandatory education for children between the ages of 6 and 14 in India. India has joined a list of 135 nations that recognize every child’s right to an education as a basic freedom protected by Article 21A of our constitution. This law became effective on April 1st, 2010.

Challenges and Implications

Although the right to education has been elevated to the status of a basic right, it is still a parliamentary process that is expected to succeed in the near future for a nation that has experienced ten years of policy failure. We note that neither free nor compulsory schooling is ever inexpensive. Making a move through congressional enactment represents a significant change for the state-guaranteed education provisions provided to underprivileged groups who have historically seen those provisions fall short of defending the interests of the minority class.


Studies consistently demonstrate that those who have been denied an education are primarily a reflection of inequality in the social, political, and economic fabric, most likely due to caste, class, and gender. In terms of occupational and societal classification, there are many edges of exclusion.

For instance, children from higher classes, small families, and households that rely on non-agricultural professions tend to have greater education.

One of the major impediments to India’s development and the reason it has failed to reduce its high illiteracy rate is the disconnect between discourse, debate, and the structural underpinnings of all efforts in government. educational books. This disconnect, coupled with India’s poor record in equal access to education for all, is the main cause of this problem.  Despite the numerous obligations and rights outlined in the Indian Constitution regarding equality, it is consistently unsuccessful to fulfil the aspiration created by the birth of women and girls. Despite several initiatives and efforts by the government to modernise education, According to the most recent census (2011), male juvenile literacy rates range from 74.04% to 82.14%, but only 65.46% for females. This information unequivocally demonstrates the severe variances and disparities between the literacy levels of men and women, which total 16.68%. The circumstance is significantly worse for women who live in rural areas. Another more important component that always stands in the way of any policy is “Poverty,” which is to blame for a number of issues in India, including the low rate of female literacy. More than two-thirds of Indians are considered to be poor. Many families are still hesitant to enrol their children in school, despite the government’s efforts to make primary education free. As parents consider going to work and making a living instead of attending school, which is located a great distance from their towns or houses.

There are many more difficulties, but the ones mentioned above are causing the government greater issues as the RTE Act is being developed.

Constitution on Education

Every citizen has access to social justice through the fundamental structure, and policymakers must handle education as a social issue if they are to ensure that equality of opportunity is a reality for all. And if a person is not given the opportunity to live a life devoid of suffering and difficulties, it is impossible to achieve social transformation, which is the main goal of education.

The Indian Constitution’s Part III contains Article 21-A, which now recognises the right to education as a basic right. In the case of Mohini Jain v. State of Karnataka, this was done. This matter will be decided by the Supreme Court division bench.  “Kuldip Singh and R.M. Sahai, who used to be the judicial council, organized

“The right to life is fundamental to the right to education, and the two are intimately related and intertwined. The right to a life lived with dignity can only be guaranteed when there is a meaningful role for education.”

Later, in J.P. Unnikrishnan v. State of Andhra Pradesh, a five-judge bench reexamined the judgment’s validity and found that:

“Right to education” refers to the ability of a citizen to request that the government provide them with educational resources based on their financial ability.

The decisions mentioned above list the right to education as being in section III and being a basic right. There are numerous other cases that argue that the right to an education is a fundamental one; for example, in Maharashtra State Board of Secondary and Higher Education vs. K.S. Gandhi, the supreme court cited the Bandhua Mukti Morcha, etc. v. Union of India case.

As a result, it would be the State’s responsibility to provide the opportunities and facilities that are mandated by Articles 39(e) and 39(f) of the Constitution for children and to stop them from being exploited because of their great poverty and mentality.

Provisions were given in the Constitution promoting and strengthening the educational framework in India

Article 28 of our Constitution ensures the flexibility to go to devout instruction or devout adores in instructive education.

Article 29: This article guarantees equal opportunity in educational institutions.

Article 30: Recognize minorities’ right to establish and administer educational institutions.

Article 45: This article requires the state to provide free and compulsory education for all children in this country until they reach the age of 14 within ten years of the adoption of this Constitution. The responsibility for providing elementary education falls under the purview of the state government, the central government, the local bodies and authorities, and voluntary organisations, as well as any other government organisation.

Article 46: Examines uncommon thought for the headway of instruction and financial interface of Planned Tribes, Planned Castes, OBCs, and the weaker segments of society.

Article 337: This article governs the special provision regarding educational grants for the Anglo-Indian community.

Article 350B: It provides grants and opportunities to linguistic minorities.

Article 351: This article is concerned with the growth and promotion of the Hindi language.


86th Constitutional Amendment Act

This constitutional amendment is made to protect citizens’ right to education. Given the challenges that education faces in India, it is critical for policymakers in this country to amend the constitution and implement changes in educational policy so that more people in India have access to education and can transform their lives for the better.

The 86th constitutional amendment act of 2002 introduces three new amendments to our constitution to improve its functioning and to facilitate a better understanding of the right to free and compulsory education for children aged six to fourteen. (6-14)

They are as follows:

  • Insertion of a new Article, 21A, into Part III of the Indian Constitution, stating that every child has the right to free and compulsory education of equitable quality, subject to certain norms and standards.
  • Change and modify Article 45 so that the State strives to provide early childhood care and free and compulsory education for all children until they reach the age of six years.
  • Adding the new clause (K) under Article 51A, the result of this new fundamental duty is that whoever is a parent or guardian has a duty to provide educational opportunities to his child or, as the case may be, a ward between the ages of six and fourteen.


  • In Shyam Sundar’s case

The Court ruled that a child’s “right to an education should not be limited to free and compulsory education, but should be expanded to include quality education without regard to economic, social, or cultural background.


Judicial Approach

The Supreme Court issues a landmark decision in the case of State of Madras v. Shrimati Champakam Dorairajan. This decision gives rise to the First Amendment to the United States Constitution. In this case, the court determined that providing such contradictory reservations violated Article 29(2) of the Indian Constitution. The court held :

The Court ruled that a child’s “right to an education should not be limited to free and compulsory education, but should be expanded to include quality education without regard to economic, social, or cultural background.”

Except as provided in Part III, fundamental rights are sacred and cannot be abridged by any legislative or executive action or order. State policy directive principles must be consistent and run on a subsidiary basis in relation to a fundamental right. However, there can be no objection to the state acting in accordance with the directive principles of state policy if there is no infringement/violation of rights conferred by Part III of the Indian constitution.

The right to free and compulsory education was established in the case of Mohini Jain in 1992, which became known as the “capitation fee case.”

The court further noted that the Constitution mandated that all citizens receive an education. Only with the help of this interpretation could the populace transform the goals of political, economic, and social justice. Additionally, charging high capitation fees is a rejection of the right to education by higher education institutions.

The Supreme Court upheld the legality of the judgement rendered by the court in Mohini Jain in the Unnikrishnan case.

By a vote of 3-2, the five-judge panel partially agreed with the Mohini case ruling and declared that, in accordance with Article 21 of the Constitution, the right to education follows directly from the “right to life,” making it a fundamental freedom. The Mohini Jain decision was partially overturned by the court, which noted that “the right to free and compulsory education is available to children only until they complete the age of fourteen years, after which the responsibility of the State to provide education is subject to the limits of its economic capability.

Right To Education Act, RTE 2009

Historical Background

1950: The Indian Constitution established, as one of the guiding principles of state policy, Article 45, which states: “The State shall endeavour to provide for a period of ten years from the date of the Constitution, free and compulsory education for all children until the age of fourteen.”

Dr. Kothari establishes the First National Commission for Education and submits its reports in 1968. It proposed a common school system and a uniform curriculum for both boys and girls.

1976: A constitutional amendment was passed to make education a concurrent subject (the responsibility of both the federal and state governments).

1986: The National Policy on Education (NPE) was developed to support the Common School System (CSS). CSS was later endorsed by subsequent NPEs, but it was never implemented.

1991: Myron Wiener publishes The Child and State in India: Child Labor and Education in Comparative Perspective, highlighting the states’ failure to abolish child labour and exploitation of children and to enforce compulsory education in India.

In the case of Mohini Jain and Unnikrishnan vs. State of Andhra Pradesh, the Supreme Court ruled in 1993 that the right to education is a fundamental right derived from the right to life in Article 21 of the Indian Constitution.

1997: Sacred Alteration for making Instruction as a principal right was presented.

2002: 86th Structure Revision takes put and inclusion of Article 21A has been done, which states that “The State might be bound to supply free and obligatory instruction to all children of the age bunch between six to fourteen a long time in such as a law, determine.”

This 86th Alteration moreover brings changes in Article 45 which peruses as “The state might endeavour to apportion early childhood care and free instruction for all children until they come to the age of 6 years”. Additionally included a modern crucial obligation beneath Article 51A(K).

2005: The CABE committee report was created to draft the right-to-education bill submitted report.

Each time, a new stage or version is set until it is presented to Congress in 2008.

The bill was passed by cabinet members on 2 July 2009.

“Lok Sabha passed the charge on 4 Eminent 2009 and Rajya Sabha on 20 July 2009.”

This act received the President’s assent and was signed into law on September 3, 2009, as the RTE Children’s Right to a Free and Compulsory Education Act 2009.

The Right to education act was created after numerous meeting schedules and is a true tool to fulfil the fundamental need and ensure social justice for every child. This policy is based on the 4A’s, which describe what education means to them and how they currently feel about it.

Accessibility – In this sense, education is free and the government is required to fund it. Expert teachers who are well-qualified in their fields are also present, and there is a sufficient amount of infrastructure to support the educational framework.

Accessibility – Denotes that everyone has access to education and that there is no discrimination, especially when it comes to assisting the weaker members of society.

Acceptability: That the educational value is appropriate, that there is no discrimination, that it is acceptable from a cultural perspective, and that it is subject to some standards; that the school environment is safe, and that the teachers are qualified.

Adaptability: Education that changes and grows with the changing needs of society and its citizens and helps society overcome injustices like sexism.

Main features of the Right to Education Act
  • Education is compulsory and completely free for all Indian children, between the ages of 6 and 14.
  • No child may be suspended, expelled, reprimanded, or required to pass a board exam before entering elementary school.
  • If a child over 6 years of age has not been admitted to any school or is unable to complete his or her primary education, the child will be admitted to an age-appropriate class. However, if the child should have been admitted to the class according to his age, he or she, compared with other children, would be entitled to special training and special care during this specified period. In addition, provided that such admitted children shall have the right to attend primary school and to be guaranteed free education until the completion of primary education even after reaching the age of 14.
  • Proof of age to enter: For admission to primary education, the child’s age is determined on the basis of a birth certificate issued in accordance with regulations relating to birth registration. Registration of Marriages and Deaths under the 1856 Act, or on the basis of any other document may be provided in the addendum. however, no child was excluded from school for lack of proof of age or other documentation.
  • When a child completes elementary school receives a certificate
  • Calling and attendance need should be made for a fixed student-teacher ratio.
  • A 25 per cent reservation for economically disadvantaged and weaker communities for admission to Grade I in all private schools will be required. Improving the quality of education must be dynamic and meaningful.
  • School teachers will need to be appropriately qualified within 5 years or failing to meet the requirements may lose their jobs.
  • School infrastructure (if there is a problem) must be improved every 3 years, or the accreditation of that particular school will be forfeited.
  • The financial burden will be shared between the central government and the state government because an education subject is on the part-time list.
RTE Amendment Bills
  • The Parliament has given its consent for the Correct of Children to Free and Obligatory Instruction (Revision) Charge, 2018.

The revision charge does absent with the no-detention arrangement specified within the law. Earlier to this a child can not be held back or confined until he completes his rudimentary instruction. But after the correction, it depends on the state to proceed with the approach of non-detention or not.

Or the state may conduct the examinations either at the conclusion of the 5th course or 8th course or both. The Understudy who fizzled within the examination will be given instruction and the opportunity given to see for re-examination as per endorse 2 months after the statement of result.

  • The Correct to Free and obligatory instruction to Children (Revision) Charge, 2017. The Charge gives to revise the Proper of Children to Free and Obligatory Instruction Act (RTE), 2009 to expand the final date for instructors to obtain the endorsed least capabilities for the reason of the appointment.

Unfit and untrained rudimentary instructors to total their preparation and guarantee that all instructors at the basic level have a certain least standard of capability. It’ll offer assistance to guarantee that all instructors have the least capabilities as deemed essential to preserve the standard of educating quality.


Challenges to the implementation of the RTE Act

  • The problem of burden sharing

This law makes its implementation accountable to state and local authorities. The state says that local communities cannot afford to pay for all the schools purchased under the universal education program. In this case, a centre that keeps most of the income taxes must support the state. Anil Bordia Commission was established by the Ministry of HRD to harmonize Sarva Shiksha Abhiyan and RTE law. And the committee asked to review funding requests. It was initially estimated that 1,71,000 crore would be needed to enforce the law over the next five years. The committee argued for the centre that this was a higher financial burden and should be 50: Share rate 45 for the current year and 50: 50 (2011-12). This seems very impractical for the state as the state would have to double its subsidies. However, in April 2010, the factory agreed to share the funding for raion 65:35 between the centre and state and a rate of 90:10 in the case of the Northeast State.

  • RTE challenged by private school

The right to education defines schools funded by public funds or by local organizations that are not supported by the government or school administration.

This absolutely means that private schools are also subject to this law and it is mandatory for all to reserve 25% of seats for children in weaker economic areas and is based on the value of the reservation. Setting this rule affects the business of the private school and violates the fundamental right set forth in Article 19 1(G). But 19(6) enforces the above section and states that nothing in subparagraph (g) of the said provision shall affect the course of any applicable law to the extent it imposes, or prevent the State from enacting any law that imposes, in the conflicting interest of the public, reasonable limitations on the exercise of the conferred right. RTE was challenged in the Supreme Court for constitutional violations of the rights of private schools and minorities.

On April 12, 2012, a panel of three Supreme Court justices delivered its verdict with a 2 to 1 majority. Chief Justice S. H. Kapadia and Judge Swatanter Kumar held that the provision of such reservations was neither illegal nor unconstitutional, but found that the law would not apply to minority private schools and boarding schools. private. However, Judge K.S. Radhakrishnan disagrees with this view and argues that the law cannot be applied to minority and non-minority private schools that do not receive any government funds or grants.

Free Uniform, Books under RTE Act


In case the central arrangement to execute the proper instruction act is endorsed by the state, at that point every single child from course 1 through course 8 will get free course readings and regalia.

Recently, state education secretaries met, and some of the following points were tabled:

  • About 7,80,000 additional classrooms and 70,000 women’s restrooms will be created to implement this law. And the government will spend 1.71 lakh crore over the next 5 years to implement this law.
  • Each child will receive 400 uniforms per year and some states provide uniforms from their budget. As a rule, uniforms will be provided by the state government.
  • Each child will be provided with free textbooks and children in special care will receive Rs 3,000 per year for inclusive education and home school students with disabilities will receive Rs 10,000 per year.
  • 1.71 lakh crore will be spent on infrastructure and training of untrained teachers, teacher salaries and civil works depending on 28% and 24% respectively.
  • A Requires an additional 5.1 thousand teachers to maintain the student-teacher ratio.
  • Upgrading nearly 27,000 school kaccha buildings.
  • 17% will be for children’s needs and 9% will be for special training for out-of-school children. And for school needs, it will be maintained at 8% and for inclusive education, 6%.
  • RTE imposes barrier-free education to all children regardless of class, sex and religion with special needs and each teacher has a classroom.


Suggestions for making RTE effective

  • The scope of the right to education under the law should not be limited to the age of 14 but should extend to the secondary level. The government should make some changes such as introducing degree/diploma/specialization courses in computer science, mobile communication software, media, entertainment, telecommunications, automotive, construction or necessity.
  • More importantly, local authorities and regulatory agencies must step in to ensure the registration of infants and their records are sent to the neighbouring school. After that, the school authorities take care of and monitor the children and immediately send registration and admission information to parents.
  • There should be strict penalties for abuse of this behaviour and the responsibilities of the central government, state governments, teachers, parents and administrators, and school owners. It should be made necessary for all government employees; whether they work for the state or the centre or the person who works for a centre government-funded agency, must send their children to the government or government-subsidized institutes to promote the schools.
  • Programs like mid-day meals, SSA, and RMSA, along with international organizations like UNICEF, are significantly boosting the massive enrollment ratio. by ensuring that Indian children receive a foundational education. However, in order to improve the quality of this act, these international and national agencies should place more of their attention on India’s populous states, economically disadvantaged women, and weaker social groups.

Objects of RTE

  • As RTE was drafted to supply free and obligatory instruction to each child of this nation so as to know one cleared out behind to induce social equity.
  • As the measurements tell us that the rate of proficiency in India is expanding exceptionally moo so to boost up and made India a created economy there must be an improvement in proficiency level.
  • To supply help to the weaker and economically in the reverse course so they also have a few social changes.
  • As the correct instruction may be an essential human right so to guarantee this, RTE orders the instructive structure of the nation.
  • As things appear that there’s colossal sex segregation in instruction, young ladies will not be permitted to ponder encouragement due to the cost of marriage, but after making instruction free and obligatory the proportion hole is secured to a few degrees.
  • Children with incapacity treat as useless as their guardians discover them as a burden but inability comes with ability and the government by this act gives grievances to those children who are impaired and donates them help and 10,000 per annum so that they will too have life.
  • Through this act individuals are mindful of the significance of instruction in one’s life to stamp up their execution towards a distant better; a much better; a higher; a stronger; an improved”> much better future.
  • RTE, in a general sense, aims that in India no child is denied of having the proper instruction, as education plays a vital role so on the off chance that you contribute to it nowadays the intrigued over it’ll be good looking within the future.


For the most part, instruction covers 5% of the GDP of any nation to back their social change. Instruction may be a key to growing finer or one step ahead who isn’t taught. Instruction could be an effective instrument to supply an opportunity for a human being to create to the fullest. for the progression and advancement of correct instruction UN human statement, many more traditions specify almost the right to instruction. UNICEF, UNESCO and Acquittal worldwide organizations made huge endeavours to advance instruction right to instruction around the world. After adopting the proper instruction India gets to be the 135th nation to have this law.


Parliament of India through an 86th protected revision made the proper instruction as a principal right beneath Article 21-A. and for way better definition of the instructive system moreover ordered an act that’s right to the instruction act. Which gives free and obligatory instruction to children aged gather 6-14. And have a few features which order state and neighbourhood bodies to supply a right to instruction to each child of this nation and in case not, they all are responsible for that. The rate of proficiency is still under development so in arrange to create this rate of expansion at that point there ought to be more act and laws regarding the right to instruction will be accompanied. Then only India can change into a creative country, and will never be set back as the citizens are taught.

Article Written by:-

Harasees Kaur
Ba LLB(Hons.)
2 year 4 semester

Lovely Professional University


Leave a Comment