Education is often described as the great equalizer. It opens doors to opportunity, empowers individuals, and builds nations. Recognizing its importance, the framers of the Indian Constitution placed education within the Directive Principles of State Policy. For decades, it was seen as an aspirational goal rather than an enforceable right. That changed dramatically when the Supreme Court, through a series of judgments, elevated the right to education to the status of a fundamental right. This recognition was later codified by Parliament through the Right of Children to Free and Compulsory Education Act, 2009. The journey of the right to education in India is a story of judicial creativity, legislative action, and ongoing challenges in implementation.
Constitutional Evolution of the Right to Education
When the Constitution was adopted in 1950, Article 45 directed the State to provide free and compulsory education for children up to the age of 14 within ten years. But because directive principles were non-justiciable, this promise remained largely unfulfilled. Courts, however, began reading education into the right to life under Article 21.
In the landmark case of Mohini Jain v. State of Karnataka (1992), the Supreme Court declared that the right to education is part of the right to life. This was expanded in Unni Krishnan v. State of Andhra Pradesh (1993), where the Court held that the right to free education up to the age of 14 is a fundamental right. Parliament responded by amending the Constitution in 2002, inserting Article 21A, which expressly guarantees free and compulsory education for children between 6 and 14 years of age.
This constitutional journey demonstrates how judicial intervention transformed an aspirational directive into an enforceable right, and how Parliament cemented that progress through legislative action.
The Right to Education Act, 2009
The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) operationalized Article 21A. It lays down the duties of governments, schools, and parents in ensuring education for every child. Key features include:
- Free and compulsory education for all children aged 6 to 14.
- Reservation of 25% seats in private schools for children from disadvantaged sections.
- Prohibition of capitation fees and screening procedures during admission.
- Minimum infrastructure standards for schools.
- Continuous and comprehensive evaluation of children without detention until Class VIII.
The RTE Act represents a bold attempt to transform constitutional promise into ground reality.
Judicial Oversight of RTE Implementation
The Supreme Court has closely monitored the implementation of the RTE Act. In Society for Un-Aided Private Schools of Rajasthan v. Union of India (2012), the Court upheld the validity of the 25% reservation in private schools, recognizing it as a reasonable restriction in furtherance of social justice. In Pramati Educational and Cultural Trust v. Union of India (2014), the Court held that minority institutions are exempt from the RTE Act’s reservation requirement, balancing the right to education with the rights of minorities under Article 30.
Courts have also intervened in cases where schools failed to comply with infrastructure norms or where governments failed to allocate adequate funds. These decisions underscore the judiciary’s role in transforming constitutional ideals into lived realities.
Challenges in Implementation
Despite strong legal foundations, the right to education faces significant hurdles. Access is not uniform — rural and marginalized communities often lack quality schools. Infrastructure deficits, shortage of trained teachers, and high dropout rates remain persistent issues. The Annual Status of Education Report (ASER) frequently highlights low learning outcomes, showing that enrollment alone does not guarantee education.
The 25% reservation in private schools has faced resistance, with many institutions either underreporting compliance or demanding higher compensation from governments. Bureaucratic delays in reimbursement often discourage genuine implementation. Moreover, the Act covers children only up to 14 years, leaving a gap in secondary education, which is increasingly essential in the modern economy.
The Broader Meaning of Educational Rights
The courts have interpreted the right to education not merely as access to schools but as access to quality education. In Environmental & Consumer Protection Foundation v. Delhi Administration (2012), the Supreme Court directed states to provide basic infrastructure like toilets, drinking water, and libraries, holding that these are integral to the right to education.
The right also encompasses dignity and inclusivity. The RTE Act prohibits discrimination in classrooms, corporal punishment, and segregation. These measures reflect the understanding that education is not just about literacy but about building citizens who are equal in dignity and opportunity.
Contemporary Relevance
In today’s digital age, education is no longer confined to physical classrooms. The COVID-19 pandemic highlighted the digital divide, with millions of children unable to access online classes. This has sparked fresh debates about whether internet access should be treated as part of the right to education. Courts have already recognized the link between internet access and fundamental rights in cases like Kerala High Court’s Faheema Shirin judgment (2019), suggesting that the next phase of educational rights may involve bridging digital inequalities.
Conclusion
The right to education in India has traveled from being a non-enforceable directive to a fully recognized fundamental right under Article 21A. Through the combined efforts of judiciary and legislature, education has been placed at the heart of India’s constitutional vision. The RTE Act, 2009, though imperfect in implementation, is a milestone in this journey.