Right to Education (Article 21A) under Constitution of India

 

In this article we made a detail study on Right to Education with the incorporation of Article 21A by the 86^th Constitutional Amendment under the Constitution of India along with landmark Supreme Court judgements

 

1. Introduction

 

Education is often described as the key to unlocking a nation's potential. In the diverse and vibrant democracy of India, this sentiment holds true, and it is enshrined in the Constitution itself. Article 21A of the Constitution of India, introduced through the 86th Amendment Act in 2002, embodies the nation's commitment to providing its children with the Right to Education.

 

2. Right to Education:

 

The term life has been given widest interpretation by the Supreme Court. Life does not mean mere animal existence, it means leading life with human dignity and for this, one should be educated, if not, he is like an animal. It includes education because education promotes good and dignified life.

 

Mohini Jain Vs. State of Karnataka AIR 1992 SC 1858. In this case, with a view to eliminate the practice for charging capitation fee, Karnataka legislature passed an Act to regulate admission in private Medical Colleges and Government fixed Rs. 2000 as tuition fee for candidates admitted against Government seats but other students were required to pay Rs 25,000 per annum and students from outside India were required to pay Rs. 60,000/-as fee. There were three categories as far as charging of fee was concerned. This was challenged on ground of violation of Art, 14.

Issue: whether education can be denied on ground of economic criteria?

 

The Court said, that constitution does not expressly guarantee the right to education but it is already within Art. 21 along with the DPSP contained in Articles 30(a), 41 & 45. The court said that, it is clear from these provisions that constitution makers wanted state to provide education to citizens, because-life without education is no life. This was the basic reason behind it to give such a decision. Without making right to education under Art. 41 a reality, fundamental right will remain beyond the reach of majority of people in this country; who are illiterate. Thus, court ruled that right to education flows directly from Art. 21 and state is under constitutional mandate to provide education at institutional level for the benefit of citizen.

 

Whether unaided private educational institutions can charge amount for commercialisation of education. Capitation fee is nothing but price for securing education and it amounts to commercialisation of education. Charging capitation fee amounts to discrimination on class basis and leads to violation of Art. 14, because poor meritorious students denied admission, such a treatment is unreasonable, unjust, and unfavourable. The bench declared that charging capitation fee wholly is arbitrary and against Article 14. Taking an absolutist view of state obligation, the court said, that every citizen has right to education and state is under obligation to establish educational institution to enable the citizen to enjoy these rights.

 

Effect: The State should provide education at all levels. It is not possible for private educational institution to compete with Government educational institutions without the aid of Government or without charging a higher fee.

 

Unni Krishnan Vs. State of A.P. 1993(1) SCC 645, 732. Whether private educational institution can charge capitation fee at the time of admission or not?

 

5 judges bench reiterated the proposition that right to education is implicit in the right to life, court in this case had a different view-with respect to Mohini Jain's Case, with respect to the real scope of this right, the court said that it is not absolute right and the court has limited the obligation of the state to provide education.

 

The Court held - Every citizen (child) in this country has a right to free education until her she completes the age of 14 years. Thereafter, the state's obligation to provide education is subject to limitation of economic capacity and the development of the country.

 

The Court also suggested how state can perform their duty imposed by Supreme Court. The obligation created by Articles 41, 45 & 46 can be discharged by the state either by establishing institution of its own or orderly recognizing or granting affiliation to other private educational constitutions.

 

The private educational institutions are necessary in this country, but commercialization of education shall not be permitted. The Court further said that charging of capitation fee is bad but unaided educational institution can charge higher fee, but there will be a limit to it.

 

3. Article 21A:

 

The 86th amendment Act, 2002, added Art. 21A to the constitution which made an implicit right to education an explicit right, but it says similar thing as said by the court earlier that state shall provide education up to 14 years, as such state may determine by law.

 

Article 21A provides:

 

“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, determines”

 

Article 21A added by the Constitution (86th Amendment) Ach 2002 makes education from 6 to 14 years old, fundamental right, within the meaning of Part III of the Constitution.

 

Article 21A may be read with new substituted Article 45 and new clause (k) inserted in Article 51A by the Constitution (86th Amendment) Act, 2002.

 

While the substituted Article 45 obligates the state to endeavor to provide early childhood care and education for all children until they complete the age of six years. Clause (k) inserted in Article 51A imposed a fundamental duty on parent/guardian “to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen years.”

4. Key Features and Implications

 

1. Free and Compulsory Education: Article 21A is a constitutional guarantee that education from ages six to fourteen must be provided to every child free of cost. It recognizes that economic barriers should not hinder a child's access to education and that education is a public good that should be universally accessible.
2. State's Responsibility: The state, both at the central and state levels, is tasked with the responsibility of implementing Article 21A. This entails creating the necessary infrastructure, enacting laws, and allocating resources to ensure that every child receives quality education.
3. The Right to Education Act (RTE): To fulfil the mandate of Article 21A, the Indian Parliament passed the Right to Education Act (RTE) in 2009. The RTE Act lays down detailed provisions for the implementation of free and compulsory education, including the establishment of neighbourhood schools, guidelines for teacher-student ratios, and standards for infrastructure and curriculum.
4. Universal Enrolment: Article 21A seeks to eliminate the problem of out-of-school children. The compulsion aspect of this right ensures that children between the ages of six to fourteen are enrolled in schools. Special provisions are made for disadvantaged and marginalized communities to ensure their inclusion in the educational system.

 

5. Conclusion

 

Article 21A of the Constitution of India is a testament to the nation's commitment to providing quality education as a fundamental right. It has shattered barriers to education and facilitated inclusivity, thereby contributing significantly to the country's social and economic development. As India strides forward on the path of progress, Article 21A remains a guiding light, ensuring that education reaches every corner of the nation and empowers its citizens for a brighter and more equitable future.

 

FAQ (Frequently Asked Questions)

 

1. Which Article declares that the State shall provide free and compulsory education to all children of the age of 6 to 14 years in such a manner as the State may determine?

Ans: Article 21A.

2. As per the provisions enshrined in Article 21A which type of education has become Fundamental Rights?

Ans: Elementary Rights.

3. Which Part of the Indian Constitution contains the Directives Principles of State Policy?

Ans: Part IV (Articles 36 to 51) of the Constitution.

4. Which part and articles of Indian Constitution deal with Fundamental Rights?

Ans: Part IV (Article 51A).Top of Form

5. What is the main objective of the Right to Education Act?

Ans: The primary objective of the RTE Act is to provide free and compulsory education to all children in India.

6. What is the consequence for a school that fails to comply with the RTE Act?

Ans: Schools that fail to comply with the RTE Act may face penalties, including losing recognition or accreditation.

7. Does the RTE Act apply to minority educational institutions?

Ans: The RTE Act applies to all educational institutions, including minority institutions, but it allows them certain exemptions.

8. What is the purpose of the “no detention policy” under the RTE Act?

Ans: The “no detention policy” is aimed at reducing stress on children by promoting a child-friendly and stress-free education system.