Author : Asmita Sarkar, 5th Year Heritage Law College
To the Point
Article 21A of the Constitution of India, which was incorporated by the 86th Amendment in 2002, provides for free and compulsory education to children aged 6-14 years, and the Right to Education Act, 2009, was passed to provide it with effective implementation. Its introduction has resulted in considerable improvement in the enrollment of school-age children, the narrowing of gender gaps, and making basic education accessible to children from deprived sections of society. But ground reality is testimony to recurring issues—poor infrastructure, shortage of good teachers, congested classrooms, regional disparities, and drop-out rates continue to dilute its effectiveness. In addition, the quality of education itself remains a major issue, with the majority of students being unable to read and write or do basic maths, despite having attended school for years. Therefore, although Article 21A has been a landmark in establishing education as a constitutional right, its execution is far from being complete, requiring stronger policy action, more accountability, and an emphasis on quality to reach its actual goals.
Use of Legal Jargon
The constitutional mandate enshrined under Article 21A of the Constitution of India, inserted by the Eighty-Sixth Amendment Act, 2002, guarantees the right to free and compulsory education to all children between the ages of six and fourteen years as a justiciable fundamental right. The legislative concretization of this right through the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) imposes positive obligations upon the State to ensure universal access, equity, and quality in elementary education. However, despite the directive jurisprudence developed by the Supreme Court in cases such as Unnikrishnan J.P. v. State of Andhra Pradesh and Society for Unaided Private Schools v. Union of India, the actual enforcement remains fraught with systemic lacunae, including infrastructural deficiencies, inadequate pupil-teacher ratios, and the non-justiciability of policy measures under Part IV of the Constitution. Thus, while Article 21A represents a significant step in the constitutionalization of socio-economic rights, its effective realization is contingent upon robust administrative will, fiscal allocation, and judicial oversight to transform the normative entitlement into a tangible, enforceable right.
The Proof
The Right of Children to Free and Compulsory Education Act, 2009, which was passed to provide effect to Article 21A, made education a constitutional right for children between the age group of 6–14 years. Although the Act resulted in increased enrollment rates—India has now achieved near universal primary enrollment—the implementation of the Act has been uneven. Statistics by organizations like the Annual Status of Education Report (ASER) indicate persisting issues: poor learning outcomes, high dropouts at the secondary stage, weak infrastructure, and lack of qualified teachers. Additionally, the 25% reservation for economically weaker sections in private schools has been met with resistance and uneven application. Therefore, while Article 21A has widened access, the equity and quality of education continue to be serious issues, demonstrating that the constitutional promise is partially realized.
Abstract
The Right of Education, as guaranteed under Article 21A of the Indian Constitution by the 86th Constitutional Amendment Act, 2002, provides free and compulsory education to children in the age group of six to fourteen years as a right. Although the Right of Children to Free and Compulsory Education Act, 2009, had operationalized this imperative, the effective implementation of Article 21A is uneven throughout the country. There has been considerable improvement in raising enrolment rates, lowering dropout rates, and enhancing access to education, especially in remote and disadvantaged regions. Despite this, poor infrastructure, insufficient teacher-pupil ratios, poor quality in learning outcomes, and inequalities between private and public institutions remain constraints to realizing its full potential. This article aims to critically analyze how far Article 21A has been implemented, assessing the successes and ongoing gaps, and proposing measures to improve the delivery of the very basic right.
Case Laws
1. Mohini Jain v. State of Karnataka (1992)
Facts: Challenge to capitation fees in private professional colleges.
Ratio: The Supreme Court held that the right to education is a facet of Article 21 (right to life), education is essential to human dignity and equality.
Relevance: Foundational recognition that education is constitutionally protected (pre-21A) and provides a doctrinal basis for making education a state duty
2. J.P. Unnikrishnan v. State of Andhra Pradesh (1993)
Facts: Cases about admissions and capitation fees in professional colleges.
Ratio: Confirmed that right to education flows from Article 21, but qualified it (not absolute); recommended constitutional amendment to make right to elementary education explicit.
Relevance: Direct precursor to the 86th Amendment and Article 21A explains why Article 21A was inserted.
3. T.M.A. Pai Foundation v. State of Karnataka (2002)
Facts: Eleven-judge bench on the autonomy of minority and private educational institutions.
Ratio: Acknowledged broad independence of private/unaided schools under Articles 19(1)(g) and 30 (reasonable regulation only — transparency, non-exploitation, merit).
Relevance: Limits the power of the State to regulate private schools — at the heart of conflicts over how RTE (and Art 21A requirements) relate to private/unaided schools.
Conclusion
Article 21A of the Indian Constitution was a big step in the direction of guaranteeing free and compulsory education for children between 6 to 14 years of age. Although the Right to Education Act, 2009, and the later policy decisions have made significant strides—like rising enrollment rates, more schools opened, and an acknowledgment of the vital role of inclusive education—there remain several challenges. Challenges such as a lack of infrastructure, shortage of teachers, regional disparities, and educational quality continue to discourage complete implementation. Realization of Article 21A is not just a matter of legal enforcement but of sustained political will, public engagement, and systemic reforms that enable all children across socio-economic backgrounds to gain access to quality and meaningful education.
FAQ
1. What is Article 21A of the Indian Constitution?
Article 21A makes education a fundamental right for all children aged 6 to 14 years, requiring the State to provide free and compulsory education.
2. How is Article 21A implemented?
Through the Right of Children to Free and Compulsory Education (RTE) Act, 2009, which ensures admission, infrastructure, teacher norms, and 25% reservation in private schools for disadvantaged children.
3. Has Article 21A improved school enrollment?
Yes, enrollment has increased significantly, especially in rural areas, but dropout rates and the quality of education remain concerns.
4. What challenges exist in the implementation of Article 21A?
Key challenges include teacher shortages, poor infrastructure, delayed funding, and social barriers such as child labor and discrimination.
5. Has Article 21A achieved its goal?
Partially. While access to education has improved, ensuring quality and equitable education for all children is still an ongoing challenge.
