Right to Education

Legal provision

• Article 21A: 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. It was inserted by the 86th Amendment (in force from 1 April 2010).
• Article 45: as now worded, the State shall endeavour to provide early childhood care and education for all children until they complete six years. The 86th Amendment substituted this text.
• Article 51A(k): it is the duty of a parent or guardian to provide opportunities for education to a child or ward between the ages of six and fourteen. The 86th Amendment inserted it.
• Article 15(5): the State may make special provision for admission of backward classes, Scheduled Castes and Scheduled Tribes to educational institutions, including private ones, but not minority institutions under Article 30(1).
• Right of Children to Free and Compulsory Education Act, 2009: the law that Article 21A contemplates.

Meaning and definition

The right is a claim against the State. It covers a child from six years until the child completes fourteen years. It does not cover a child below six or above fourteen. The words "in such manner as the State may by law determine" leave the details to a statute.

Detailed explanation

Step 1: education read into Article 21

Before the amendment, the right came from Article 21. In Mohini Jain v. State of Karnataka (1992), Kuldip Singh and R.M. Sahai JJ. held that the right to education flows from the right to life. A Karnataka notification let private medical colleges charge higher fees to students outside the government quota. The Court struck the practice down and held capitation fees arbitrary.

In Unni Krishnan v. State of Andhra Pradesh (1993), a five-Judge Bench narrowed this. Sharma, C.J. and Pandian, Jeevan Reddy, Bharucha and Mohan JJ. held that every child has the right to free education until fourteen. After that, the right depends on the economic capacity of the State. The age limit matched the older Article 45.

Step 2: the 86th Amendment

Parliament then wrote the right into the text. The 86th Amendment inserted Article 21A, replaced Article 45, and added the duty in Article 51A(k). Article 21A thus joins the right of the child, the duty of the parent and the aim of early childhood care.

Step 3: the Act of 2009

The Right of Children to Free and Compulsory Education Act, 2009 gives free and compulsory elementary education in a neighbourhood school. It bars capitation fees and screening tests for admission. Section 12(1)(c) requires private unaided schools to reserve 25 per cent of entry-level seats for children of weaker and disadvantaged groups, and the State reimburses the school. A 2019 amendment let States hold a child back in Classes 5 and 8 after a re-examination.

Step 4: private and minority schools

In Society for Unaided Private Schools of Rajasthan v. Union of India (2012), a three-Judge Bench upheld the 25 per cent rule as a reasonable restriction on the trade and profession of private schools. Radhakrishnan, J. dissented on the point of unaided schools. The majority exempted unaided minority schools, whose right to run their institutions comes from Article 30(1).

In Pramati Educational and Cultural Trust v. Union of India (2014), a Constitution Bench upheld Articles 21A and 15(5) and held that they do not damage the basic structure. It held that the Act does not apply to minority institutions, whether aided or unaided.

Don't confuse: Article 21A, Article 45 and Article 51A(k)

Common mistakes

• Saying Article 21A covers all children. It covers only ages six to fourteen.
• Saying Article 21A was in the original Constitution. The 86th Amendment inserted it.
• Saying Unni Krishnan gave an unlimited right to professional education. It limited the free right to age fourteen.
• Saying the Act applies to all schools. It does not apply to minority institutions after Pramati.

Apply it

Leading case laws

• Mohini Jain v. State of Karnataka (1992)

  Facts. A Karnataka notification let private medical colleges charge higher fees to students outside the government quota.

  Principle. The right to education flows from the right to life, and the fee practice was struck down.

  Why it matters. It first tied education to Article 21.

• Unni Krishnan v. State of Andhra Pradesh (1993)

  Facts. A five-Judge Bench reviewed the scope of Mohini Jain.

  Principle. Free education is a right until age fourteen. After that it depends on the State's capacity.

  Why it matters. It supplied the age limit later used in Article 21A.

• Society for Unaided Private Schools of Rajasthan v. Union of India (2012)

  Facts. Private schools challenged the 25 per cent rule of the 2009 Act.

  Principle. The rule was upheld for non-minority schools. Unaided minority schools were exempt.

  Why it matters. It set the first limits of the Act.

• Pramati Educational and Cultural Trust v. Union of India (2014)

  Facts. A Constitution Bench heard challenges to Articles 21A and 15(5) and to the Act.

  Principle. Both Articles are valid. The Act does not apply to minority institutions, aided or unaided.

  Why it matters. It settled the minority exemption.

How to write this answer in the exam

Key points to remember

• Article 21A: free and compulsory education for ages six to fourteen (86th Amendment, in force 1 April 2010).
• Article 45: early childhood care below six. Article 51A(k): parent's duty.
• Mohini Jain (1992) tied education to Article 21. Unni Krishnan (1993) limited the free right to age fourteen.
• RTE Act, 2009: section 12(1)(c) reserves 25 per cent of entry-level seats in private unaided schools.
• Pramati (2014): the Act does not apply to minority institutions.

Quick self-test

Related topics

• Right to Life and Personal Liberty
• Right to Equality (Art.14-18)
• Protection against Arrest and Preventive Detention