THE RIGHT TO EDUCATION: AN EMERGING DIMENSION OF ARTICLE 21

AUTHOR – RAJ ARVIND SHAH, ASSISTANT PROFESSOR AT M.K.E.S COLLEGE OF LAW

BEST CITATION – RAJ ARVIND SHAH, THE RIGHT TO EDUCATION: AN EMERGING DIMENSION OF ARTICLE 21, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (2) OF 2025, PG. 61-64, APIS – 3920 – 0001 & ISSN – 2583-2344.

This article is published in the collaborated special issue of M.K.E.S. College of Law and the Institute of Legal Education (ILE), titled “Current Trends in Indian Legal Frameworks: A Special Edition” (ISBN: 978-81-968842-8-4).

ABSTRACT

The enactment of the Constitution (Eighty-sixth Amendment) Act in 2002 led to the inclusion of Article 21-A in the Constitution of India, which guarantees free and compulsory education for all children between the ages of six and fourteen as a Fundamental Right, subject to the regulations established by the State through law. This amendment made it clear that every child in the age group of 6 to 14 years has the right to receive free education. The inclusion of this provision reflects the Indian state’s commitment to empowering its citizens by providing access to education, irrespective of socio-economic disparities. The Act ensures that no child is denied education based on financial constraints. The RTE Act mandates certain standards for schools, including infrastructure, teacher qualifications, and pupil-teacher ratios, to ensure a quality learning environment. One of the immediate outcomes of the RTE Act has been a significant increase in enrolment rates, especially in rural and marginalized communities.

Key Words: Right to education, Article 21, Article 21A, Constitution (Eighty-sixth Amendment) Act in 2002, Directive Principles of State Policy