May 11, 2024

For an extended period of time, individuals have held the view that education is crucial to both individual and societal empowerment. It is a lot more than teaching knowledge; it is additionally the key that unlocks an infinite number of doors and creates a framework for a better future. We comprehend that education has the potential to transform people, communities, and nations by acknowledging it as a fundamental human right.

define right to education

  • Article 21A was added to the Indian Constitution by the Constitution (Eighty-sixth Amendment) Act, 2002.
  • It declares that free and compulsory education, in a manner determined by the State through legislation, is a fundamental right for all children between the ages of six and fourteen.   

Right to Education

A universal entitlement to education is the right to education. The International Covenant on Economic, Social, and Cultural Rights recognizes this as a human right, which includes the following:

  • the obligation to provide equitable access to higher education, ideally through the progressive introduction of free higher education;
  • the obligation to develop secondary education accessible to all, particularly through the progressive introduction of free secondary education; and
  • everyone has the right to free, mandatory basic education.

right to education act: Scope

Regardless of variances, the Right to Education Act mandates free and compulsory education for all students aged 6 to 14 years. The Right to Education Act, 2009 is applicable throughout all of India as of October 31, 2019, following the passage of the Jammu and Kashmir Reorganisation Act, 2019.

  • Despite covering the entirety of India, there are some restrictions on the Act’s application and scope, namely:
  • According to Section 1(4) of the RTE Act, this Act is subject to the provisions of Articles 29 and 30 of the Indian Constitution.
  • Section 1(5) of the RTE Act states that educational establishments that specialize in religious instruction, including madrasas and Vedic pathshalas, are exempt from the Act’s provisions.  

right to education in constitution

  • Article 28: Freedom to enroll in any kind of religious school.
  • Article 29: Addresses equal access to educational opportunities.
  • Article 30: Grants minorities the authority to establish and manage educational institutions while also recognizing their rights.
  • Article 45: Until a child reaches the age of 14, the state is required to ensure that they receive free and obligatory education. All governmental agencies as well as local businesses and groups have an obligation to provide education.
  • Article 46: The advancement of the weaker segments of society, including Schedule Castes, Schedule Tribes, and OBCs, will get special attention.
  • Article 337: Addresses the Anglo-Indian Community’s policies for educational subsidies.
  • Article 350B: Addresses endowments and offers intended for minority language groups.
  • Article 351: The growth and advancement of the Hindi language.

importance of right to education: The 4A policy

The year 2009 saw the Right to Education Act (RTE) enacted by Parliament. This act is regarded as a critical turning point in Indian educational history. The “4A policy” was a policy that the Parliament finally passed after numerous rounds of drafting and redrafting.

  • Availability: This indicates that children’s education is free of charge and that the government is obligated to pay for it; there are enough highly qualified teachers and suitable facilities to support educational establishments.
  • Accessibility: This indicates that everyone should be able to receive an education without facing discrimination, particularly when it comes to the less fortunate members of society.
  • Acceptability: This refers to the appropriateness, non-discriminatory nature, and cultural acceptability of the educational values and content being taught. Safe schools with highly qualified teachers should exist.
  • Adaptability: The idea that education must change to meet the requirements of a changing society and help combat social injustices like sexism

advantages of right to education      

Advantage for the Community

  • Community development is ensured by education. It guarantees the country’s advancement. As a result, one benefit of the RTE Act is that it guarantees the advancement of both the community and the country.

Guarantees Education Quality

  • One of the advantages of the RTE Act of 2009 is that it guarantees quality education through its regulations, since it imposes ongoing scrutiny on educational institutions.

Parity in the Education System

  • One of the main benefits of the RTE Act of 2009 is educational equality. It mandates that 25% of seats in all private institutions be given to underprivileged students and other youngsters. giving everyone the same opportunities for education as a result. The Act aims to give education social integration.

Get Rid of Poverty

  • The ability to eradicate poverty is one of the main advantages of the RTE Act. The dearth of young people with education is one of the primary causes of poverty in the nation. Young people without education are unable to find employment that pays well enough.

education and gender equality         

  • Deeply ingrained inequalities in society are both the cause and the result of gender-based discrimination in education.
  • Women and girls’ capacity to exercise their rights is hampered by a number of factors, including poverty, remoteness from other places, ethnic background, disability, and ingrained views about their status and role.
  • Millions of girls are still prevented from enrolling in, finishing, and benefiting from school by harmful behaviours like early marriage and childbearing, gender-based violence, and discriminatory education laws, policies, curricula, and practices.
  • As a result, gender integration needs to occur at every stage of education, from preschool to university, in both formal and informal contexts, and from infrastructure development to teacher preparation.

right to education in india: Case Ruling

  • In the case of Mohini Jain v State of Karnataka, according to the Supreme Court, a citizen’s right to education is guaranteed by Article 21A of the Constitution and cannot be withheld by imposing a higher fee known as the capitation payment. The right to life directly leads to the right to education. Article 21 stipulates that an individual’s dignity and right to life are incompatible without the right to education.

Being a fundamental right, the right to education is crucial for the advancement of both the person and society, for a better present and even better future.

Right to Education FAQs

  1. Why is right to education important?                 

Having access to high-quality education helps close the social class divide and elevates society’s underprivileged groups. Because educated people are less likely to engage in criminal activity, education lowers crime and promotes peace in our society. Critical thinking and analytical abilities are enhanced by education.   

  • What are the loopholes of Right to Education Act 2009?      
  • Prejudice and Inequity.
  • Identity Issue.
  • The security issue.
  • Issue Concerning Equity.
  • Riots and communal tensions are a problem.
  • Absence of representation in politics and the civil service.
  • The difficulty in offering protection.
  • Not Adhering Tightly to Secularism.
  • What are the features of RTE?

Schools are not allowed to impose any kind of capitation charge or admittance screening in accordance with the RTE Act. All private schools are required by the RTE Act to set aside 25% of their seats for students from underrepresented groups. Scheduled tribes, scheduled castes, and other lower social classes fall under this category.

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