RIGHT TO AN EDUCATION
AUTHORS- SHREYA PANDEY & MR KARAN RAMANI,
STUDENT1 & ASSISTANT PROFESSOR2 AT AMITY LAW SCHOOL, AMITY UNIVERSITY, UTTAR PRADESH LUCKNOW CAMPUS
BEST CITATION – SHREYA PANDEY & MR KARAN RAMANI, RIGHT TO AN EDUCATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 510-514, APIS – 3920 – 0001 & ISSN – 2583-2344
Abstract
Primary education should be the cornerstone of the educational pyramid and the nation’s future. “Every child has a right to education shall be free, at elementary and fundamental stages,” stated Mahatma Gandhi, advocating for universal access to free basic primary education. It will be mandatory to receive an elementary education. (The 1948 Universal Declaration of Human Rights, Article 26). The provisions of the Right of Children to Free and Compulsory Education (RTE) Act (2009) uphold the UN recommendation. On April 1, 2010, the Right to Education Act, 2009 (Article 21 A) went into force in India, guaranteeing free and compulsory education for all children aged 6 to 14. Up until the 1800s, only a limited portion of society had access to education as a right. Despite laws requiring education, not much progress was made in this area during British administration. Nevertheless, Article 45 of the post-independence declaration committed the State to “providing, within a period of 10 years from the commencement of the Constitution, free and compulsory education to all children until they complete the age of 14.” However, there was little progress made in making elementary education universal. The first formal document pertaining to primary education was the National Policy on Education, 1968. National Policy on Education 1986: The inclusion of the right to education as a fundamental right in the Indian constitution was suggested during the policy review in 1990. This recommendation served as the foundation for the formulation of the National Policy on Education 1992. 1992. The right to education is a basic right guaranteed by Part III of the Indian Constitution, and every citizen is entitled to it, the Supreme Court of India ruled in the 1992 case of Mohini Jain Vs. State of Karnataka. Afterwards, the Supreme Court ruled in the Unnikrishnana, J.P. vs. State of Andhra Pradesh case that “even though the right to education is not expressly mentioned as a fundamental right, it flows from the right to life that is guaranteed by article 21 and must be included in the context of the Directive Principles of the Constitution.” Thus, the right to education, as defined by Articles 45 and 41, means that: (a) every child and citizen of this country has the right to free education up until the age of fourteen; and (b) after the age of fourteen, a child’s right to education is limited by the State’s economic capacity and its development. Ultimately, in 2002, the Indian Constitution was amended to make education a fundamental right, but it was qualified by stating that the manner in which this right would be exercised would be determined by subsequent consequential legislation. The “The Right of Children to Free and Compulsory Education Act 2009” is the follow-up law mentioned in the 2002 Amendment to the Indian Constitution (the 86th Amendment). It was passed by parliament in August 2009 and went into effect in April 2010. The Model Rules, a subordinate piece of law, were created by the federal government based on this Act to give states guidance on how to execute it.
KEYWORDS : Elementary, Legislation,Vocational ,Convention