Right To Education (rte)
Article 21 A, which deals with the right to education, reads as follows:
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. (86th Amendment Act, 2002) Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine. Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education. This provision was added by the 86th Constitutional Amendment Act of 2002. This amendment is a major milestone in the country’s aim to achieve ‘Education for All’. The government described this step as ‘the dawn of the second revolution in the chapter of citizens’ rights’.
Even before this amendment, Article 45 of Part IV of the Constitution provided for free and compulsory education for children. However, because it was a directive principle, the courts were unable to enforce it. In this case, judicial intervention is now possible.
The subject matter of Article 45 in the directive principles was changed as a result of this amendment. It now reads—‘The state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.’ It also added a new fundamental duty under Article 51A that reads —‘It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of six and fourteen years’.
The Supreme Court recognised a Fundamental Right to Primary Education as part of the right to life in 1993. It stated that every child or citizen of this country has the right to a free education until the age of fourteen. Following that, his right to education is limited by the state's economic capacity and development. In this decision, the Court overturned a 1992 decision that declared a fundamental right to education at any level, including professional education such as medicine and engineering.
The Right of Children to Free and Compulsory Education (RTE) Act, 2009 was enacted in accordance with Article 21A. This Act aims to ensure that every child has the right to a full-time elementary education of acceptable and equitable quality in a formal school that meets certain minimum requirements. This legislation is based on the belief that the only way to achieve the values of equality, social justice, and democracy, as well as the creation of a just and humane society, is to provide all children with an inclusive elementary education.