Right to Education in India

The Constitution (Eighty-sixth Amendment) Act, 2002

The following are the important points to be remembered in respect of the legislation.

  • The Constitution (Eighty-sixth Amendment) Act, 2002 is the basis of formulation of the Right to Education Act, 2009.
  • The amendment act has made amendment in the Fundamental Rights (Part III), Directive Priciples of State Policy (Part IV) and Fundamental Duties (Part IVA) sections of the Indian Constitution.
  • A new article 21A has been inserted in the Constitution of India to make right to education a fundamental right.
  • Article 45 under the Directive Principles which provided for provision of free and compulsory education of children of age 6 to 14 years has been susbtituted to now provide early childhood care and education for all children until they complete the age of six years.
  • Article 51A under the Fundamental Duties of citizens of India has been amended by introduction of new sub-clause (k) which make the parent or guardian of a child duty-bound to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Right to Education Act 2009

The following are the important point to remember in respect of the legislation.

  • The Right to Education Act, 2009 is an act to provide free and compulsory education to all children of age 6 to 14 years.
  • It comes into effect on the 01 April 2010.
  • The act provides for various rights to the child namely
    1. No child shall be liable to pay any kind of fee, charges or expenses that prevents him from completing elementary education.
    2. It allows for not enrolled and drop out children to be admitted to age appropriate class.
    3. It prohibits holding back a child in any class or expelling him from school till the completion of elementary education.
    4. It prohibits any kind of physical punishment or mental harassment.
  • The act provides the following in respect of teachers
    1. Duty of the teacher to maintain regularity and punctuality in attending the school.
    2. To complete the entire curriculum in specified time
    3. Assess the learning ability of each child and accordingly supplement additional instructions
    4. Hold regular meetings with parents and apprise them about the regularity in attendance, ability to learn and progress made in learning.
    5. Prohibits deployment of teachers for non-educational purposes except census duties, disaster relief and election duties.
    6. Prohibits teachers from taking private tutions.

Revision Questions

1. What is the age group in which education is free and compulsory to all children?

  1. 4 to 10 years
  2. 6 to 12 years
  3. 6 to 14 years
  4. 5 to 15 years

2. Which article has been inserted by the amendment act to make right to education a fundamental right?

  1. Article 21A
  2. Article 19B
  3. Article 20C
  4. Article 15A

3. Which constitutional amendment has made right to education a fundamental right?

  1. Eighty-third
  2. Eighty-sixth
  3. Ninety-second
  4. Ninety-third