Right to Education (Article 21A)
Indian Polity › Fundamental Rights · Topic 6.13
Article 21A, inserted by the 86th Amendment Act 2002, makes free and compulsory education for children aged six to fourteen a Fundamental Right. The RTE Act, 2009 gives effect to it from 1 April 2010.
5 min read · UPSC Prelims · Polity · Fundamental Rights
At a Glance
- What it is Free and compulsory education for children aged six to fourteen as a Fundamental Right
- Article Article 21A, inserted by the 86th Amendment Act, 2002
- Law Right of Children to Free and Compulsory Education Act, 2009, in force from 1 April 2010
- Key cases Mohini Jain (1992), Unni Krishnan (1993)
- Exam link UPSC Prelims, Polity: Fundamental Rights
Where Does It Fit?
This is the thirteenth topic of the category on Fundamental Rights. Article 21A sits within the Right to Freedom, after Article 21. It turned an old Directive Principle into an enforceable right for elementary education.
What Does Article 21A Say?
Article 21A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may determine. It makes only elementary education a Fundamental Right and not higher or professional education. It was added by the 86th Constitutional Amendment Act of 2002, a milestone in the country’s aim of Education for All. The government described it as “the dawn of the second revolution in the chapter of citizens’ rights”.
Even before this amendment, Article 45 in Part IV provided for free and compulsory education for children, but as a Directive Principle it was not enforceable by courts. Now there is scope for judicial intervention.
Changes Made Along With Article 21A
| Provision | Change by the 86th Amendment |
|---|---|
| Article 45 (Directive Principle) | Now reads: the State shall endeavour to provide early childhood care and education for all children until they complete the age of six years |
| Article 51A (Fundamental Duty) | New duty: it is the duty of every citizen to provide opportunities for education to his child or ward between six and fourteen years |
The Courts and the Right to Education
In the Unni Krishnan case (1993) the Supreme Court recognised a Fundamental Right to primary education within the right to life under Article 21. It held that every child has a right to free education until the age of 14, after which the right is subject to the limits of the economic capacity and development of the State. The Court overruled its earlier judgment in the Mohini Jain case (1992), which had partly declared a fundamental right to education up to any level, including professional education like medicine and engineering.
Education Elsewhere in the Constitution
| Provision | Education link |
|---|---|
| Article 15(3), 15(5) | Special provision for women and children, and for backward classes, SCs and STs in admission to educational institutions |
| Article 28 | Limits on religious instruction in educational institutions |
| Article 29(2) | No denial of admission to State or State-aided institutions on grounds of religion, race, caste or language |
| Article 30 | Right of minorities to establish and administer educational institutions |
| Article 45 | Early childhood care and education until six years (Directive Principle) |
| Article 51A(k) | Duty of a parent or guardian to provide opportunities for education to a child of six to fourteen |
The Right of Children to Free and Compulsory Education Act, 2009
In pursuance of Article 21A, Parliament enacted the Right of Children to Free and Compulsory Education (RTE) Act, 2009. It seeks to provide that every child has a right to full-time elementary education of satisfactory and equitable quality in a formal school that satisfies certain essential norms and standards. The legislation is anchored in the belief that the values of equality, social justice and democracy and a just and humane society can be achieved only through inclusive elementary education. The 86th Amendment Act (2002) and the RTE Act (2009) came into force with effect from 1 April 2010.
Why Is This Topic Important?
- Education as a right Article 21A is the constitutional base of universal elementary education
- Amendment package Articles 21A, 45 and 51A(k) are changed together and are asked together
- Case law Mohini Jain and Unni Krishnan form a common Prelims pair
What Came Next?
The next topic covers the Basic Structure Doctrine and the Fundamental Rights, through the Golak Nath, Kesavananda Bharati and Minerva Mills cases.
Key People and Terms
- Elementary education Education of children aged six to fourteen
- 86th Amendment Act, 2002 Inserted Article 21A and changed Articles 45 and 51A
- RTE Act, 2009 The law giving effect to Article 21A
- Unni Krishnan case The 1993 case recognising education up to 14 as part of Article 21
- Early childhood care The new subject of Article 45 for children up to six years
Exam Corner
Points to Remember
- Article 21A: ages six to fourteen; 86th Amendment 2002.
- RTE Act 2009, in force 1 April 2010.
- Article 45 now covers children until six years.
- Unni Krishnan overruled Mohini Jain on education at all levels.
Do Not Confuse With
- Article 21A and Article 45 Article 21A is a Fundamental Right for six to fourteen; Article 45 is a Directive Principle for up to six years
- Mohini Jain and Unni Krishnan Mohini Jain said education at any level; Unni Krishnan limited the free right to 14
- Article 21A and Article 51A(k) The right of the child and the duty of the parent or guardian
Memory Hook
Six to fourteen, 86th, 2002: Article 21A made elementary education a right.
Mains Angle
Questions on this topic usually ask about the right to education and its implementation. Use these points to add depth.
- From directive to right Article 45 was non-enforceable; Article 21A allows judicial intervention
- Judicial base Unni Krishnan read it into Article 21
- Legislation The RTE Act, 2009 puts the right into effect
- Balanced package The amendment added a duty for parents and changed Article 45
A Question You May Face
An original practice question, not a past paper question.
“Trace the evolution of the right to education in India from Article 45 to Article 21A.”
How to Answer
- Introduction Article 45 as a Directive Principle.
- Court rulings Mohini Jain and Unni Krishnan.
- 86th Amendment Article 21A, 45 and 51A.
- Conclusion The RTE Act and the way ahead.
GS Relevance
Frequently Asked Questions
What does Article 21A provide?
Article 21A provides that the State shall provide free and compulsory education to all children of the age of six to fourteen years in the manner the State may determine. It makes only elementary education a Fundamental Right.
Which Amendment inserted Article 21A?
The 86th Constitutional Amendment Act of 2002 inserted Article 21A. It also changed Article 45 to early childhood care up to six years and added a Fundamental Duty in Article 51A for parents to provide education to children aged six to fourteen.
What is the RTE Act, 2009?
The Right of Children to Free and Compulsory Education Act, 2009 gives effect to Article 21A. It provides every child the right to full-time elementary education of satisfactory quality in a formal school meeting essential norms, and it came into force on 1 April 2010.
What did the Unni Krishnan case decide?
In 1993 the Supreme Court recognised a Fundamental Right to primary education within Article 21. Every child has a right to free education until 14; thereafter the right depends on the State’s economic capacity. It overruled the Mohini Jain case (1992).
Is higher education a Fundamental Right?
No. Article 21A covers only elementary education for children of six to fourteen years, not higher or professional education. The Mohini Jain claim of a right to education at any level was overruled in Unni Krishnan.
PYQ Practice — Statement Analysis
1 Article 21A was inserted by the 86th Amendment Act, 2002.
It covers children of six to fourteen years.
2 Higher education is a Fundamental Right under Article 21A.
Only elementary education is covered.
3 The Unni Krishnan case overruled the Mohini Jain case.
It limited the free right to age 14.
4 The RTE Act, 2009 came into force on 1 April 2010.
The 86th Amendment also came into force then.
5 Article 45 now covers education for children aged six to fourteen.
It covers early childhood care until six years.
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