Authored By: Shweta Tiwari
Indore Institute of Law
ABSTRACT
Articles 13 and 14 of the United Nations International Covenant of Economic, Social, and Cultural Rights (1966) declare the right to education to be a fundamental human right. State parties that have ratified this agreement completely concur that “education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms.” Several international documents from the 20th century, which guarantee and preserve this right for everyone, regardless of race, colour, religion, gender, social status, etc., regard the right to education as a fundamental human right. The purpose of this essay is to address queries about whether or not this privilege has been restricted and how often it is observed.
Primary education should be the cornerstone of the educational pyramid and the nation’s future. “Every child has a right to education shall be free, at elementary and fundamental stages,” stated Mahatma Gandhi, advocating for universal access to free basic primary education. It will be mandatory to receive an elementary education. (The 1948 Universal Declaration of Human Rights, Article 26).
The provisions of the Right of Children to Free and Compulsory Education (RTE) Act (2009) uphold the UN recommendation. On April 1, 2010, the Right to Education Act, 2009 (Article 21 A) went into force in India, guaranteeing free and compulsory education for all children aged 6 to 14.
INTRODUCTION
Education is a powerful instrument that can solve any problem. It is the tool that allows any culture to grow and adapt in order to thrive and survive. Transferring knowledge and skills from younger to older generations is crucial to ensure seamless transmission of these skills to future generations. Through education, we become more aware of who we are, can see our goals, and then go out and achieve them. Thus, education is a means of empowering good citizens through socioeconomic mobility, preparing people for meaningful lives, reducing social and economic inequality, and ultimately igniting the concepts of growth and development simultaneously. Equity, accessibility, and high-quality education are the three main considerations when analysing education in emerging and underdeveloped nations. These considerations assist any country quickly transition to a developed state. Since they make a contribution to society, educated citizens are beneficial to the country. The 1968 National Policy of Education was the first formal document issued by the Indian government, reiterating its commitment to provide primary education. This was later expanded upon in the 1986 National Policy of Education. In the end, it was suggested that the Right to Education be included as a Fundamental Right when NPE 1986 was reviewed in 1990. This functioned as the foundation for the 1992 National Policy of Education. At the same time, India began working on the legislation to establish the right to education as a fundamental right and ratified the United Nations Convention on the Rights of the Child in 1992. Article 45 lays out the State’s commitment to “ensure that all children receive free and compulsory education until they reach the age of fourteen within ten years of the adoption of this constitution.”
RIGHT TO EDUCATION AS AN EMPOWERENMENT RIGHT
In this sense, the right to education highlights how all human rights are interconnected and inseparable. When examining the development of the right to education in India, it is critical to comprehend the reasons behind the importance of this right for the nation’s residents. One could consider the right to education to be an empowerment right. Jack Donnelly and Rhoda Howard created this phrase and distinguished between “empowerment rights,” “membership rights,” “protection rights,” and “survival rights.” It is claimed that “survival rights,” such as the rights to food, shelter, and medical care, ensure each person’s ability to live. “Membership rights” are maintained to guarantee that every person has an equal position in society. Family rights and the outlawing of discrimination are cited as examples. According to the statement, “protection rights” shield the person from abuses of state authority. The right to habeas corpus and an impartial court are two examples. Lastly, it is claimed about “empowerment rights” to “provide the individual with control over the course of his or her life, and in particular, control over (rather than merely protection against) the state.” Among them are the freedom of association, the right to a free press, and the right to an education. People need to be given the freedom to direct and mold their own lives in addition to being shielded from attacks by the state. Empowerment rights provide the person the ability to take charge of their own lives. They facilitate people’s engagement in social, cultural, political, and economic spheres. One could contend that the practice of other human rights is contingent upon the fulfillment of empowering rights. Education is also essential for socioeconomic growth. Individuals can achieve their economic and social rights with the aid of education.
EVOLUTION OF EDUCATION SYSTEM IN INDIA
Great intellectuals in Indian history have consistently emphasized the value of education. They hold that education, or Vidya, is man’s “third eye,” providing him with insight into all matters and teaching him how to act; it also leads to redemption, overall advancement, and prosperity in the world of the mundane. One of the verses from Bhartruhari’s “Neethishatakam,” which dates back to the first century B.C., emphasizes the importance of education: Education is the unique way that humanity manifests itself; it is a treasure that may be conserved without worrying about being lost; Education is God embodied, the source of all material joy, happiness, and notoriety; it is the means by which the State bestows honour rather than wealth. Without education, a man is just like an animal. India created its own native educational system by the end of the 18th century, and it was taught in schools, colleges, and universities. India inherited an education system rife with widespread intra- and interregional disparities after independence.
Formal education was only offered in a few primary schools and higher education establishments under the old educational system. However, caste-based persons were receiving Sanskrit education from Hindu universities like Pathashala. Likewise, Madrasahs served as institutions of higher education for Muslims who studied Persian and Arabic. Since some Hindus held positions in Moghul courts and government offices, some of them were also studying Persian.
The Indian Constitution makes a distinction between Directive Principles of State Policy and Fundamental Rights, even though it grants its citizens many rights. The Directive Principles “must not be enforced in any court,” according to Article 37 of the Constitution, even if the state is required to implement them and they are “essential in the governing of the country.” The precise meaning of article 37’s wording has been the subject of great debate.
The right to education is impacted by a number of different constitutional articles, but Article 45—which is categorized under the Directive Principles—is particularly significant. It first read: “The State shall endeavour to provide, within a period of ten years from the commencement of the Constitution, for free and compulsory education for all children until they complete the age of fourteen years.” It should be emphasized that the writers of the Constitution took the necessity of its implementation very seriously, as evidenced by the fact that this is the only Directive Principles section with a time limit.
THE AFTERMATH OF THE UNNI KRISHNAN DECISION
At the short term, the ruling in Unni Krishnan JP v. State of Andhra Pradesh61 had the effect of allowing any child under the age of fourteen who was denied access to primary education to petition a court for a writ of mandamus, directing the authorities to take appropriate action. This decision reignited the debate about the limits of judicial review in India. Due to the weapon’s strength, members of non-governmental organizations and civil society started using it strategically to put pressure on the president and legislature to take meaningful action on primary education.
Over time, this issue has come to represent a focal point for Indian academics and activists. Other non-governmental organizations and independent actors started working together as the movement for a constitutional amendment guaranteeing the right to education gained momentum. As a result of one such campaign, the National Alliance for the Fundamental Right to Education (N.A.F.R.E.) was established. At its height, this alliance comprised about 2,400 grassroots NGO’s from fifteen Indian states. Surprisingly, this coordination of efforts led to like-minded groups working on different but related issues collaborating and coming up with strategies that had the best chance of success.
For example, organizations dedicated to ending child labor include the Campaign against Child Labour (C.A.C.L.), which partnered with organizations like N.A.F.R.E. after realizing the value of the right to education for their causes. The South Asian Coalition on Child Servitude (S.A.C.C.S.) is a coalition of over 400 human rights organizations throughout South Asia. To release child laborers, the South Asian Coalition on Child Servitude (SACCS) undertakes raids and rescue missions.
PROVISIONS IN THE CONSTITUTION PROMOTING AND STRENGTHENING THE EDUCATIONAL FRAMEWORK IN INDIA
Article 28 of the Indian Constitution guarantees the freedom to attend religious instruction or places of worship in educational institutions. No citizen shall be refused admission to any state-owned or subsidized educational institution on the grounds of their race, caste, or language, according to Article 29. The right of minority communities to create and run educational institutions is covered in Article 30. According to Article 45, the state is required to stop offering free, compulsory education to all children in the nation until the age of 14 within ten years of the Constitution’s ratification. The state, federal, municipal, and nonprofit governments, along with any other government body, are all responsible for providing primary education. Article 46 stipulates that Scheduled Tribes, Scheduled Castes, OBCs, and the less fortunate segments of society must receive the extra attention needed for their educational and economic growth. The specific provision for educational subsidies for the benefit of the Anglo-Indian population is governed by Article 337 of the Indian Constitution. Furthermore, linguistic minorities can receive funding and opportunity through Article 350B.
86th CONSTITUTIONAL AMENDMENT ACT
The purpose of the 86th amendment to the Constitution was to protect citizens’ right to an education. To strengthen the Constitution’s operation and safeguard children’s entitlement to free and compulsory education, it proposed three more modifications. These amendments ranged in age from six to fourteen. The insertion of a new Article, 21A, to Part III of the Indian Constitution, which declares that every child has the right to free and compulsory education of equitable quality, subject to specific norms and standards, is one of the most significant changes brought about by the 86th Amendment Act.
As a result, Article 45 was also altered and modified. It now states, “The State shall endeavour to provide early childhood care and free and compulsory education for all children until they reach the age of six.” In addition, a new clause, (K), under Article 51A was added as a result of this new fundamental duty. It states that anybody who is a parent or guardian has an obligation to give their child, or ward, between the ages of six and fourteen, the opportunity to receive an education.
India became one of 135 nations to guarantee education as a fundamental right for its citizens when the Act went into effect on April 1, 2010. It brought the right to life and the right to education to parity. With regard to providing free and compulsory education to children between the ages of six and fourteen, this Act binds all relevant parties, including parents, schools, society, states, and the federal government. Every educator supports the act’s goal and believes it to be a turning point in the country’s efforts to make elementary education universal.
THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT,2009
A parliamentary statute known as the Right to Education statute was proposed on August 4, 200968, and it highlights the significance of free and compulsory education for children in India between the ages of six and fourteen. India is now among the 135 nations that acknowledge that every kid has a fundamental right to education, as stated in Article 21A of our Constitution. The Act became operative on April 1st, 2010.
Governments must guarantee everyone’s access to fundamental education in order to uphold their right to an education. “These needs comprise both essential learning tools (such as literacy, oral expression, numeracy, and problem solving) and the basic learning content (such as knowledge, skills, values, and attitudes) required by human beings to be able to survive, develop their full capacities, live and work in dignity, participate fully in development, improve the quality of their lives, and make informed decisions,” in accordance with the World Declaration on Education for All in 1990.
R.T.E. AMENDMENT BILLS
The Right of Children to Free and Compulsory Education (Amendment) Bill, 2018 was passed by the parliament in January 2019. The modified measure eliminates the no-detention policy specified in the Act. Before this change, juveniles could not be detained until they had finished class eight, or elementary school, according to the RTE Act of 2009.
The legislation amends this article to state that at the conclusion of each academic year, a regular examination will be held in classes 5 and 8. A child who doesn’t pass the exam will be given the opportunity to repeat it and receive further instruction. These children will be given two months of remedial education to help them do better on an exam that their schools will administer later. The relevant national or state government may choose to retain the child in schools if he does not pass the re examination.
In order to lengthen the time frame for teachers to achieve the essential foundational credentials for the purpose of appointment, the Right of Children to Free and Compulsory Education Act (R.T.E.) of 2009 is proposed to be amended by the Right to Free and Compulsory Education to Children (Amendment) Bill, 2017.
STATE -WISE ANALYSIS OF THE IMPACT OF THE RTE ACT
The different makeup of Indian states is revealed by a closer examination of a few states and the obstacles they have encountered in implementing RTE, which highlights the difficulty legislators faced in creating such a national Act.
KERALA
Kerala outperformed the mandate with a PTR ratio of 26:1. Kerala’s division-based PTR ratio of 45:1 is contrasted by the state government with the 30-35:1 ratio obligation for the entire school, stating that they have already exceeded the mandate for overall PTR. Most schools currently have infrastructure that complies with the standards set forth by the RTE Act. However, the Kerala government order states that upper primary schools with Class V will be designated as lower and upper primary schools, and high schools with Class VIII will be designated as upper primary and high schools, a deviation from class I to V being designated as lower primary and class VI to VIII as upper primary. This is because it is difficult to allocate funds for construction and teacher deployment based on the elementary classification of the RTE Act. Kerala’s high literacy rate even prior to the Act’s implementation makes it an exemplary state for the country. The state has already made education universal up until the age of sixteen, and initiatives have been made to extend free education to upper secondary levels. The requirements of the RTE Act in these situations result in major financial burdens for the state and administrative complexities.
ASSAM
One of the structural barriers to the RTE Act’s successful implementation has been corruption. The Act’s implementation in government schools may be hampered by the comparatively sluggish speed at which the federal and state governments carry out their plans. Sangrami Krishak Shramik Sangha (SKSS), a city-based non-governmental organization in Assam, carried out a survey in which it obtained receipts for fee payments made by kids under the age of 14, which ought to have led to punitive actions. But since the receipts haven’t been verified, the authorities are powerless to take any action.
RAJASTHAN
Similar schemes to deceive the government are being carried out by private schools in Rajasthan. Though it exists in paper only, the RTE Act’s requirement that 25% of seats be allotted to vulnerable people is far from the harsh reality. The government’s glacial pace of activity will pose a serious obstacle to one of India’s most important initiatives’ achievement. Out of the 6.4 lakh students enrolled in 31,496 registered schools in 2014, 1.78 lakh children were admitted under the state’s 25% reservation policy, meaning that EWS students made up more than 27.5 percent of all registrations. According to the Act, Jaipur, Ajmer, and Jalore have admitted 27% and 30% of students, respectively, of all the Rajasthani cities. Upon closer inspection of the school profiles, however, it becomes clear that only the lower and middle-level schools have gone above and beyond the RTE Act’s minimum 25% requirement. A skewed implementation outcome has resulted from the elite schools in nearly all municipalities disobeying the legislation, while lower institutions admitting more than 50% under the Act.
CONCLUSION
India’s right to education was established as a fundamental right after 62 years of independence; nevertheless, the R.T.E. Act, which aimed to give all citizens access to high-quality education, has mostly fallen short of this objective. It is necessary for the government to reevaluate the R.T.E. Act’s feasibility and implementation. In order to avoid making its implementation even more complicated, Further changes to the R.T.E. Act should be investigated by the government. Only when every child in India, regardless of financial background, receives a suitable education of high quality can the country’s future look bright. The R.T.E. Act is the most essential Act that prioritizes enhancing children’s school education, however there are crucial gaps in it that need to be remedied. The scope of the Right to Education Act ought to be expanded to encompass high school pupils as well as children under the age of fourteen. Better futures for people and the country as a whole would be possible with the establishment of favourable conditions and an adequate amount of resources.
BIBLIOGRAPHY
Academic Journal Article (Indian Context – Implementation of RTE Act)
Md. Nijairul Islam & Ajit Mondal, Implementation of Section 12(1)(c) of the Right to Education Act, 2009 in Private Unaided Schools in India: A Reality Check, 49 J. Indian Educ. 168 (2023).
Academic Journal Article (Effects of RTE Act on School Education)
S. K. Jha, From Legislation to the Classroom: Effects of the Right to Education Act on School Education in India, 10 Research Rev. Int’l J. Multidiscip. 63 (2025). doi:10.31305/rrijm.2025.v10.n3.008
Constitutional Provisions
Constitution of India art. 21A (as amended) (inserted by The Constitution (Eighty-sixth Amendment) Act, 2002).
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.
The Constitution (Eighty-sixth Amendment) Act, 2002 (India), §§ 2–4 (inserting art. 21A, amending art. 45 & art. 51A).
This Act inserted Article 21A into the Constitution of India, making free and compulsory education a fundamental right for children aged 6–14 and amended related provisions in Articles 45 (Directive Principles) and 51A (Fundamental Duties).
Right of Children to Free and Compulsory Education Act, 2009 (Act No. 35 of 2009) (India).
Legislation enacted to give statutory effect to Article 21A, providing free and compulsory elementary education to children aged 6–14.
Unni Krishnan, J.P. & Ors. v. State of A.P. & Ors., (1993) 1 SCC 645 (India).
Affirmed that the right to education flows from Article 21 and clarified that free education is guaranteed until age 14, placing limits on private institution fees and regulatory framework
