Education is not just a privilege—it is a fundamental right in any progressive society. In India, this principle was formally realized through the Right to Education, especially after the 86th Constitutional Amendment Act of 2002. While education was earlier emphasized in the Directive Principles of State Policy, it lacked enforceability. The 86th Amendment changed that by granting constitutional status to the Right to Education, ensuring every child between the ages of 6 and 14 receives free and compulsory education. This amendment changed the legal and moral landscape of Indian governance by inserting Article 21A, revising Article 45, and adding Article 51A(k).

Historical Background & Why the Right to Education Was Needed

Directive Principles and Their Limitations

When India’s Constitution was adopted, Article 45 under the Directive Principles of State Policy (DPSPs) guided the State to provide free and compulsory education to children between 6 and 14 years of age.” However, DPSPs are non-justiciable: courts cannot enforce them. That meant many children continued to be denied education, especially in remote, poor or marginalized areas.

Political Context and Leadership

The amendment was passed by Parliament in 2002, during the tenure of Prime Minister Atal Bihari Vajpayee. The President of India at that time was Dr. A. P. J. Abdul Kalam, who had assumed office in July 2002. His vision of an educated and developed India aligned perfectly with the spirit of this reform.

The 86th Constitutional Amendment: What It Did

Passed in December 2002, the 86th Amendment inserted a new article, altered an existing one, and added a duty clause in the Constitution. The changes are:

1. Article 21A: A New Fundamental Right

A new article — Article 21A — was inserted into Part III (Fundamental Rights):

“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, by law, determine.”

This single line carries a powerful shift:

• Education became a fundamental right for children aged 6 to 14, meaning parents (or children) can approach courts to enforce it.
• The phrase “in such manner as the State may, by law, determine” allows flexibility to design a detailed implementing legislation. That law later became the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
• The combined meaning is the State must ensure no child in this age group is denied education and should bear the cost of schooling in the public sphere.

2. Amendment to Article 45: Focus on Early Childhood Care

Before the 86th Amendment, Article 45 said:

The State shall endeavour to provide, within ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

After the amendment, Article 45 was changed to:

The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

What does this shift imply?

• Since ages 6 to 14 are now constitutionally covered under Article 21A, Article 45’s scope was reoriented to younger children (below 6 years).
• It acknowledges the importance of early childhood care and education (ECCE) — such as anganwadis and pre-schooling — as foundational to later schooling.
• But note: Article 45 remains a Directive Principle, not a justiciable right. That means children below 6 do not gain a legal claim, but there is a constitutional policy obligation.

Thus, education from 0 to 14 is constitutionally addressed in two parts: the right (6–14) and policy orientation (below 6).

3. Addition to Article 51A: Duty of Parents

Amended Article 51A to include a new fundamental duty under Clause (k), which states that parents or guardians must provide opportunities for education to their children aged 6 to 14 years.

By including this duty clause:

• It strengthens accountability not just on the government side, but on the social side as well.
• Education becomes a shared responsibility — the State provides, and parents/guardians must cooperate.
• It embeds in the constitution the moral obligation of families to ensure their children attend school.

Effects, Implementation and the RTE Act, 2009

Enacting the RTE Act

To give life to Article 21A, Parliament passed the Right of Children to Free and Compulsory Education Act, 2009, which came into force on 1 April 2010. The RTE Act lays down rules, obligations, and mechanisms to enforce the constitutional promise.

Some key provisions:

• Free and compulsory education for children aged 6–14.
• No detention / no expulsion until completion of elementary school (though later policy tweaks have introduced some flexibility in certain classes).
• 25% reservation in private unaided schools for children from economically weaker and disadvantaged backgrounds.
• Prohibition of capitation fees, screening tests, or other barriers to admission.
• Defined norms and standards for infrastructure, pupil–teacher ratio, teacher qualifications, etc.
• School Management Committees (SMCs) for local oversight and parental participation.
• Special provisions for children with disabilities and marginalized groups.

Through these, the amendment’s promise is converted into actionable law.

Judicial Support

Courts have upheld and interpreted the RTE Act and Article 21A in multiple rulings. For example, in Society for Unaided Private Schools of Rajasthan vs. Union of India (2012), the Supreme Court upheld the 25% reservation clause and affirmed that private schools must comply with constitutional obligations.
Through judicial review, constitutional rights are kept alive and enforceable.

Impact and Achievements

• Rising Enrollment: Many more children, especially from weaker sections, have been admitted to schools.
• Inclusion: The inclusion clause opened up access to better schools for marginalized children.
• Parental Participation: With SMCs and grievance mechanisms, parents are empowered to demand accountability.
• Policy Alignment: National and state schemes (e.g. Sarva Shiksha Abhiyan, Samagra Shiksha) began aligning with the constitutional standard of universal elementary education.

Yet, the amendment and the RTE have not solved all problems.