File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Critical Analysis of Right to Education Act, 2009

The Right to Education Act or RTE Act, 2009 is a landmark legislation in India that makes education a fundamental right for all children between the ages of 6 and 14. This law came into force on 1st April 2010 and aims to provide free and compulsory education for all children in India. Some of the effects of the RTE law are listed below.

It was enacted by the Indian Parliament on 4 August 2009. It describes the modality of the meaning of free compulsory education for children from 6 to 14 in India under Article 21(A) of the Indian Constitution. The law came into force on 1st April 2010, making India one of 135 countries that have made education a basic right for every child.

The 86th Constitutional Amendment (2002) added Article 21A to the Constitution of India, stating:
"The State shall provide free and compulsory education to all children from the age of six to fourteen years in the manner prescribed by law. "The right to education was subsequently declared a fundamental right and removed from the list of guiding principles of national policy.

Features of the RTE Act

The RTE Act aims to provide primary education for all children between the ages of 6 and 14. Compulsory education is a basic right (Article 21). The law mandates the reservation of 25% to disadvantaged groups in society. It also divides financial and other responsibilities between central and state governments.

Children who complete primary education receive a certificate. The call must be accepted to make the student-teacher relationship permanent. 25% reservation to economically disadvantaged communities in class I admissions to all private schools. Improving the quality of education is important. 4,444 school teachers must obtain appropriate professional qualifications within five years. School infrastructure (if any) should be improved every three years. Financial burdens are shared between the state and central governments.

Important case Laws related to the Right to Education Act 2009

  • Mohini Jain v. State of Karnataka, 1992
    The Court acknowledged that the right to education was not explicitly established as a fundamental right, but read Article 21 together with the Guiding Principles of Articles 38, 39, 41, and 45. At the time, the court felt that the drafters of the Constitution wanted to impose compulsory education. A country that has an obligation to provide education to its citizens. Bench also said charging head count constitutes class discrimination and violates Article 14 of the Constitution. Bench took an absolutist position when imposing an obligation on states to provide education at all levels.
  • Unnikrishnan, JP V. State of Andhra Pradesh 1993
    Mohini Jain's case was reviewed before a higher bench in this case. The Court reiterated that the right to education is a fundamental right that directly stems from the right to life guaranteed in Article 21. However, the court also noted that this parameter of the right to education is not absolute. It should be decided in the light of principles.

    In doing so, the Court partially turned away from the broader view of the State's obligation to provide education at all levels, ruling that: Every citizen (child) must be 14 years of age. have the right to free education up to After 14 years, such rights will depend on the economic capacity and development of the state. Regarding the down payment, the court ruled that private providers of free education could charge higher fees, but must be limited to a particular ceiling.
  • Pramati Educational and Cultural Trust V. Union of India 2014
    The case was a reference from the 2010 bench judgment of three judges in the Rajasthan Private Schools Association v. Union of India and the ors. case. In this case, the bench upheld the constitutional validity of the child's right to the Free and Compulsory Education Act 2009 (RTE Act) and Article 21-A. This reaffirmed the Court's previous position in the Society's case. The latter part of the Pramati case excludes all minority institutions from the scope of the RTE Act. This is an extension of the self-powered pvt association exemption. The case of a school that was limited to unsupported minority institutions. Minority institutions here mean both constitutionally mandated religious and linguistic minorities.

The Significance of the Right to Education Act 2009

  • Increased School Enrollment:
    The RTE Act has significantly increased school enrollment across India. The law mandated schools to provide free and compulsory education for all children and also provided financial support to help schools meet that obligation.
  • Improving Infrastructure:
    The RTE Act has helped improve the infrastructure and facilities of schools across India. The law requires schools to provide basic facilities such as drinking water, toilets, and playgrounds. Funds were also provided for the construction and renovation of school buildings.
  • Greater Accountability:
    The RTE Act introduced a system of greater accountability for Indian schools and education providers. The law includes school monitoring and evaluation provisions and establishes mechanisms for resolving grievances.
  • Inclusive Education:
    The RTE Act has helped promote inclusive education in India. The law stipulates that children with disabilities, children from socially and economically disadvantaged groups, and children living in remote areas are entitled to free compulsory education. The law also prohibits discrimination against children based on sex, caste, religion, or ethnicity.
  • Reducing school dropout rates:
    The RTE Act has reduced school dropout rates among school children in India. The law requires all children from the age of 6 to 14 to attend school and provides financial assistance to families who are unable to send their children to school. This allowed more children to stay in school and complete their education.
  • Women's Empowerment:
    The RTE Act has empowered women in India by promoting gender equality in education. The law ensures equal access to education for girls and prevents discrimination based on gender. This has increased the number of girls attending school and completing their education.

The law was drafted hastily without giving much thought or advice to the quality of education provided to children under the age of six who are exempt from the law. Many of the law-based programs have been plagued by allegations of corruption and inefficiency, compared to previous educational programs such as Sarva Shiksha Abhiyan.

At the time of admission, many documents such as birth certificates, and BPL certificates are required. The move appears to have excluded orphans from the beneficiaries of the law. Private schools, such as EWS, had a 25% capacity, which was a hurdle to implementation. Some of the challenges in this context are discriminatory behaviors in response to parents' and students' difficulties in adjusting to different socio-cultural environments. Concerning the "no detention" policy up to grade 8, the 2019 legislative change introduced regular annual examinations for grade 5 and grade 8.

Children's age should be increased from 6 to 14 years old. It should also be elevated to secondary education and vocational courses. Most importantly, parents must be made aware of the RTE Act 2009 through counseling, the media, leaflets campaigns, and rallies, as they play a key role in shaping their children's careers through education.

Severe penalties for violations of this law should be prescribed and responsibilities of state and central governments, parents, teachers, administrators, school owners, children, and members of society should be established. A teacher's quality is the backbone of any curriculum.

Therefore, an unskilled and unintentional teacher can ruin any program, no matter how groundbreaking. To achieve good results for the RTE Act 2009, it is very important to create a standard training program for teacher training. The judiciary is therefore expected to play a key role in enforcing the 2009 RTE Act. Action & b should continue to act as the first point of contact and resolve complaints in the absence of appropriate statutory authority.

The importance of education in today's digitalized, fast-paced world is very clear. More than 60 years after India's independence, the right to education was given the solemn status of a fundamental right, a constitutional maker's dream comes true. This turnaround in education is a crown jewel that other states can only dream of. But unless the loopholes and gray areas under this noble law are properly patched to ensure its proper effectiveness, and its proper implementation is enforced, this great law will remain toothless and clawless. It is inevitable that you will face the sad fate of an old tiger.


Award Winning Article Is Written By: Ms.Joyleen Meki, 2nd-year student at Lovely Professional University
Awarded certificate of Excellence
Authentication No: JN402713749102-27-0124

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly