Your rights
Is free education a fundamental right?
Short answer
Yes. Article 21A guarantees free and compulsory education for children aged 6-14 years.
Understanding the issue
Article 21A, inserted by the 86th Constitutional Amendment, makes free and compulsory education a fundamental right for all children between 6 and 14 years of age. The Right to Education Act 2009 implements this right. Under RTE, every child has the right to free education in a neighbourhood school until completion of elementary education. Private unaided schools must reserve 25% seats for economically weaker sections and disadvantaged groups under Section 12. No child can be held back, expelled, or required to pass board examinations until completion of elementary education. Schools cannot charge capitation fees or conduct screening procedures for admission. No child shall be subjected to physical punishment or mental harassment.
Laws that apply
- Article 21A (Right to Education)
- Right to Education Act 2009 — Section 3 (Right of child to free and compulsory education)
- Right to Education Act 2009 — Section 12 (25% reservation in private schools)