Right to Education : Article 21A

Q. What do you mean by the Fundamental Right of Education? What is the Importance of the right to the person? To what age of children this right is granted and when? What is the contribution of judiciary in getting this right passed by the Parliament also? [20 marks - 2018]

Right to Education ; Article 21A

Meaning

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

Importance of the right to education

Education is a fundamental right of every child, which is essential for their growth and development. The importance of education cannot be overstated, as it enables children to acquire knowledge, skills, and values that are necessary for their personal and social development.

Entitlement Age for Right to Education

RTE or Right To Education Act of 2009 states that every child aged 6-14 years has the right to free and compulsory education.

Contribution of Judiciary in getting this right passed

The judiciary played a very crucial and major role in making the right to education a fundamental right. Various judicial pronouncements have led to right to education becoming a fundamental right. Some of these important judicial decisions are as follows:

In the case of Anand Vardhan Chandel v University of Delhi & Ors. the petitioner contended that his fundamental right to education had been denied to him as he was not allowed to contest the elections of the Delhi University Students Union. He argued that participating in the activities of the Students Union was a part of the right to education. The Delhi High Court held that the right to education was included in Article 21 of the Constitution and the Petitioner had been deprived of this right. In this case, the right to education was for the first time recognised as a fundamental right under Article 21 of the Constitution which deals with the Right to Life and Personal Liberty.