Article 21A and the Right to Education
- Free and Compulsory Education: Article 21A declares that the State must provide free and compulsory education to all children between the ages of six and fourteen. This provision only covers elementary education, not higher or professional education.
- 86th Constitutional Amendment (2002): This amendment added Article 21A and is seen as a major step toward achieving 'Education for All.' The government called it 'the dawn of the second revolution in the chapter of citizens' rights.'
- Directive Principle Changes: Before the amendment, free and compulsory education for children was in Article 45 (Part IV), a directive principle not enforceable by the courts. The amendment shifted the focus of Article 45 to early childhood care and education for children until they turn six.
- New Fundamental Duty: The amendment also added a new duty under Article 51A. It requires every citizen to provide educational opportunities for their children or wards between the ages of six and fourteen.
- Supreme Court Recognition: In the case of Unni Krishnan (1993), the Supreme Court recognized a fundamental right to primary education under Article 21. Children have the right to free education up to age 14.
- Legislative Action: The Right of Children to Free and Compulsory Education (RTE) Act was enacted in 2009 to ensure all children have the right to full-time elementary education of good quality in formal schools meeting certain norms and standards.
- Implementation Date: The 86th Amendment and the RTE Act both came into effect on April 1, 2010.