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Article 21A – Right to Education | UPSC Polity Notes

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📘 Article 21A – Right to Education (RTE)

🔹 What is Article 21A?

  • Article 21A says:
    “The State shall provide free and compulsory education to all children aged 6 to 14 years in such manner as the State may decide.”

✅ Key Points:

Feature Details
Added by 86th Constitutional Amendment Act, 2002
Came into force 1st April 2010
Type of education Only elementary (primary + upper primary) education (Class 1 to 8)
Who gets it? All children aged 6 to 14 years
Free No school fees, tuition, or charges by the government
Compulsory Government must ensure every child gets enrolled and completes schooling

🏛️ Before 2002: Education was not a Fundamental Right

  • Earlier, Article 45 in Directive Principles of State Policy (Part IV) said the State should provide free and compulsory education to children up to 14 years.

  • But since DPSPs are not enforceable by courts, citizens could not demand education as a right.

🔁 What Changed with the 86th Amendment?

  1. Made education a Fundamental Right under Article 21A.

  2. Changed Article 45:

    • Now it says:
      👉 “State shall provide early childhood care and education to all children below 6 years.”

  3. Added a new Fundamental Duty (Article 51A(k)):

    • 👉 “It shall be the duty of every parent/guardian to provide opportunities for education to their child aged 6 to 14 years.”

⚖️ Important Supreme Court Judgments

🧑‍⚖️ Unni Krishnan Case (1993)

  • SC said: Right to Education is part of Right to Life (Article 21).

  • Every child has the right to free education up to 14 years.

  • After 14 years, education depends on the economic capacity of the government.

🧑‍⚖️ Mohini Jain Case (1992)

  • SC had earlier said that the Right to Education includes education at all levels, including college and professional education.

  • But this was later partly overruled by the Unni Krishnan case.

📜 The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)

This Act was passed to implement Article 21A.

🧾 Main Features:

  • Free & compulsory education for 6–14 years old.

  • Applies to all schools, including government and private unaided schools.

  • Private schools must reserve 25% seats for economically weaker sections (EWS).

  • Ensures:

    • A full-time formal education (not part-time or informal)

    • Certain minimum norms (like proper classrooms, toilets, trained teachers, etc.)

    • No detention till Class 8 (no failing or expulsion)

    • No capitation fee or screening for admission

  • Special focus on equality, social justice, and inclusive education

🌍 Why RTE is Important?

  • Helps reduce illiteracy and school dropouts

  • Promotes social justice by giving equal opportunities to all

  • Helps in creating a just and humane society

  • Supports goals of democracy, equality, and empowerment

📝 Extra Notes for UPSC:

Topic Fact
Fundamental Right? Yes, under Article 21A
Which class levels? Class 1 to 8
Age group? 6 to 14 years
Who must provide? The State (Government)
Can we go to court if denied? Yes, now it is justiciable

📌 Summary Table

Article Provision
21A Free and compulsory education for 6–14 years
45 (DPSP) Early childhood care for below 6 years
51A(k) Duty of parents to send children to school

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