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    Historical Background: Chapter 1: Right To Education: Constitutional Perspective

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    PRASHANT SAURABH
    The right to education has evolved over time in India from a directive principle to a fundamental right. Article 45 initially promised free education for all until age 14 but it took decades for implementation. In 2009, the Right to Children to Free and Compulsory Education Act was passed, and the 86th amendment made education a fundamental right by adding Article 21A. The Supreme Court has also recognized education as a fundamental right arising from the right to life. However, implementation of the right to education across India remains a challenge, as most schools do not meet the standards set out in the Right to Education Act of 2009.

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    Historical Background: Chapter 1: Right To Education: Constitutional Perspective

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    PRASHANT SAURABH
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    The right to education has evolved over time in India from a directive principle to a fundamental right. Article 45 initially promised free education for all until age 14 but it took decades for implementation. In 2009, the Right to Children to Free and Compulsory Education Act was passed, and the 86th amendment made education a fundamental right by adding Article 21A. The Supreme Court has also recognized education as a fundamental right arising from the right to life. However, implementation of the right to education across India remains a challenge, as most schools do not meet the standards set out in the Right to Education Act of 2009.

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    CHAPTER 1

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    The right to education has evolved over time in India from a directive principle to a fundamental right. Article 45 initially promised free education for all until age 14 but it took decades for implementation. In 2009, the Right to Children to Free and Compulsory Education Act was passed, and the 86th amendment made education a fundamental right by adding Article 21A. The Supreme Court has also recognized education as a fundamental right arising from the right to life. However, implementation of the right to education across India remains a challenge, as most schools do not meet the standards set out in the Right to Education Act of 2009.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views4 pages

    Historical Background: Chapter 1: Right To Education: Constitutional Perspective

    Uploaded by

    PRASHANT SAURABH
    The right to education has evolved over time in India from a directive principle to a fundamental right. Article 45 initially promised free education for all until age 14 but it took decades for implementation. In 2009, the Right to Children to Free and Compulsory Education Act was passed, and the 86th amendment made education a fundamental right by adding Article 21A. The Supreme Court has also recognized education as a fundamental right arising from the right to life. However, implementation of the right to education across India remains a challenge, as most schools do not meet the standards set out in the Right to Education Act of 2009.

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    of 4

    CHAPTER 1: RIGHT TO EDUCATION: CONSTITUTIONAL PERSPECTIVE

    Historical background

    At the time of the enforcement of Indian constitution, Article 45 as a directive principle was
    incorporated which is promising free and compulsory education for all children till the age of
    14 years. And it was supposed to be attained within 10 years. But the state was responsible
    for an implementation of the guns of the constitutional promise that is free and compulsory
    that is free and compulsory education for all the children till age14 years. But the state failed
    to do the same for next 5 decades. Thus, on 27th of August 2009 state notified the right of
    children to free and compulsory Education Act 2009. Also, it is 86 th constitutional
    amendment came into the picture an article 21A was incorporated in Part III that is
    fundamental right of the constitution. This provision states that “The state shall provide free
    education to all children of the age of 6 to 14 years in such a manner as the state mean by law
    the determine.”1 Though, the path of the right to education was not as simple and easy as we
    think. The main origin lies in the Vedic era.

    Status: Fundamental Right

    Our Indian constitution is a document which is known to be committed to social


    justice. As per expert opinion, literacy forms the cornerstone for making the provision of
    equality of opportunity a reality. The Indian Constitution has therefore recognized education
    as the essence of social transformation, as is evident from its education specific Articles. 2 The
    judicial decision from which the right to education emanated as a fundamental right was from
    the one rendered by the Supreme Court in Mohini Jain v. State of Karnataka. 3 In this case the
    Supreme Court through a division bench comprising of justice Kuldip Singh and R.M. Sahai,
    deciding on the constitutional of the practice of charging capitation held that:
    ‘the right to education flows directly from the right to life. 4 The right to life and the dignity of
    an individual cannot be assured unless it is accompanied by the right to
    education.’ The rationality of the judgment was further examined by 5 judge benches in the
    1
    A Arun, Right to Education- Article 21A <https://www.legalserviceindia.com/legal/article-70-right-to-
    education- article-21-a-.html> accessed on 15th November 2021.
    2
    Bhawna Bawa, ‘Aims of Education according to NPE, 1986’ <https://www.yourarticlelibrary.com/education
    /aims/aims-of-education-according-to-npe-1986/76808> accessed on 15th November 2021.
    3
    AIR 1992 SC 1858.
    4
    Manmeet Singh. Right to Education’ <http://www.legalservicesindia.com/article/1925/Right-to-
    Education.html> accessed on 16th November 2021.
    case of Unnikrishnan v. State of Andhra Pradesh 5 where the enforceability and the extent of
    the right to education was clarified in the following words: “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.” The same has also been
    reiterated by the Hon’ble Supreme Court in Bandhua Mukti Morcha, etc v. Union of India 6
    specially referred to the earlier judgment made in this connection as under: “In Maharashtra
    State Board of Secondary and Higher Education v. K.S. Gandhi, 7 right to education at the
    secondary stage was held to be a fundamental right. In J.P. Unnikrishnan v. State of Andhra
    Pradesh,8 a constitution Bench had held education up to the age of 14 years to be a
    fundamental right. It would be therefore incumbent upon the State to provide facilities and
    opportunity as enjoined under Article 39 (e) and (f) of the Constitution and to prevent
    exploitation of their childhood due to indigence and vagary.”

    Implementation

    The right to education forum’s stock taking report 2014 says that less than 10% of schools
    comply with on the norms of right to Education Act as well as standards across the country.
    As the enactment of Right to Education Act 2009 triggered significant developments what the
    concerns with regard to privatization of education remain same. Educational inequality has
    been their country for many years. As the act offers a first step towards an inclusive
    education system but no effective and smooth implementation is still a challenge for our
    country.9

    Right To Education Act, 2009

    On April 1 of 2010, the right of children to free and compulsory education act came into the
    force. This was considered to be a historic day for Indian as from this day only the right to
    education was given the same status as the right to life in our constitution has. Article 21A in
    Part III of the Indian constitution through the constitution (Eighty-Sixth Amendment) Act,
    2002 was incorporated to ensure free and compulsory education under the age group of 6 to
    14 years in a manner as the state may by law determines. RTE Act as well as article 21 of
    5
    AIR 1993 SC 2178.
    6
    AIR 1984 SC 802.
    7
    1991 SCALE (1)187.
    8
    AIR 1993 SC 217.
    9
    <http://rteforumindia.org/wp-content/uploads/2021/03/10th-Stocktaking-Report.pdf> accessed on 17th
    November 2021.
    Indian constitution came into effect on first April 2010. No every child of the age of 6 to 14
    years has the right of elementary education in a neighborhood school without paying any kind
    of fee all expenses which might be the hindrance for a child from completing and pursuing
    elementary education.10 In order to carry out the provisions of this act local authority with the
    help of appropriate government will establish a school in a given area from the
    commencement of the act and in case institute is not established then time period of three
    years was given to establish the same. The central and state government has concurrent
    responsibility to provide funds in order to carry out the provisions of this act and make it
    effective. This Act is considered to be an essential step towards advancing accessibility to
    secondary and higher education. This act also comprises of particular provisions for
    vulnerable groups like child labor, migrants, children with particular needs and those who are
    socially, culturally, economically, backward. It is also expected that with enforcement of this
    act, the issues related to school dropout quality of education and availability of train teachers
    would be addressed in the short span of time. The enforcement of this Act would bring the
    country closer in achieving the goals and objectives of Millennium Development Goals
    (MDGs). RTE has been a part of DPSP under article 45 of the constitution of India and the
    same is not in foreseeable in the court of the law. But for the first time in India, we have
    made this right in foreseeable by incorporating the scene under part three of the constitution
    as article 21A. Thus, it empowers the children to have the right to education enforced as a
    fundamental right in India.

    10
    Avanse, Impact of The New national education policy <https://www.avanse.com/blog/impact-of-the-new-
    national-education-policy-on-higher-education-sector/> accessed on 14th November 2021

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