The Relationship Between Right to Education Act And Article 21A of Indian Constitution

The Right to Education Act (RTE) 2009 is a law passed by the Indian parliament that aims to provide free and compulsory education to all children aged between 6 and 14 years in India and shows the importance of education in our life. The act was passed on August 4, 2009, and came into effect on April 1, 2010. The RTE Act seeks to ensure that every child in India has access to quality education and that no child is deprived of education due to lack of resources or other factors Under the RTE Act, every child has the right to free and compulsory education in a neighbourhood school.

The act also lays down certain norms and standards for schools, such as the requirement of trained and qualified teachers, adequate infrastructure, and a pupil-teacher ratio of 30:1. Private schools are also required to reserve 25% of their seats for children from economically and socially disadvantaged sections of society. The RTE Act also lays down provisions for the monitoring and implementation of the act, with the establishment of State Commissions and the National Commission for the Protection of Child Rights (NCPCR) to oversee the implementation of the act.

The RTE Act aims to make education a fundamental right for every child in India and to promote universal access to education. The act is a significant step towards ensuring a more inclusive and equitable society, and towards achieving the goal of education for all.

Application of the RTE Act 2009

The Right to Education (RTE) Act 2009 is a comprehensive law that has various applications aimed at improving the quality of education and ensuring that every child has access to education. Some of the key applications of the RTE Act are:

• Free and compulsory education: The RTE Act mandates free and compulsory education for all children between the ages of 6 and 14 years in India. The Act also ensures that no child shall be liable to pay any kind of fee or charge to receive an education.
• Non-discrimination: The RTE Act prohibits discrimination of any kind in the admission process of schools based on gender, caste, religion, or socio-economic background.
• Quality education: The Act lays down norms and standards for schools to ensure that children receive a quality education. The norms include minimum infrastructure requirements, the need for trained and qualified teachers, and a pupil-teacher ratio of 30:1.
• Reservation of seats: Private schools are required to reserve 25% of their seats for children from economically and socially disadvantaged sections of society
• Continuous and comprehensive evaluation: The RTE Act mandates continuous and comprehensive evaluation of students to ensure that their progress is monitored and that they receive appropriate support.
• Monitoring and implementation: The Act provides for the establishment of State Commissions and the National Commission for the Protection of Child Rights (NCPCR) to oversee the implementation of the act and ensure that the provisions are being implemented effectively

Case Laws Related to the Act

There have been several important cases related to the Right to Education (RTE) Act 2009 in India. Some of the notable cases are:

• Pramati Educational and Cultural Trust vs Union of India: In this case, the Supreme Court upheld the constitutional validity of Section 12(1)© of the RTE Act, which mandates that private unaided schools must reserve 25% of their seats for students from economically and socially disadvantaged backgrounds
• Society for Unaided Private Schools of Rajasthan vs Union of India: In this case, the Supreme Court held that the RTE Act does not violate the fundamental rights of private schools. The court also ruled that private schools cannot charge any kind of capitation fee or donations for admitting students under the RTE quota.
• State of Tamil Nadu vs K Shyam Sunder: In this case, the Madras High Court held that the state government cannot force private schools to admit students under the RTE quota if the schools cannot accommodate them.
• Unaided Schools of Maharashtra vs State of Maharashtra: In this case, the Bombay High Court held that the state government cannot fix a fee structure for private unaided schools that are admitting students under the RTE quota. The court held that fixing a fee structure would infringe upon the autonomy of the schools.

Importance of RTE Act 2009

The Right to Education (RTE) Act 2009 is an important legislation that has significant implications for the education system in India. The act has several important benefits and advantages, some of which are:

1. Ensures access to education: The RTE Act ensures that every child between the ages of 6 and 14 years has access to free and compulsory education. This has helped to increase enrollment rates and reduce dropouts, particularly among children from economically and socially disadvantaged backgrounds.
2. Promotes equity and inclusion: The act has helped to promote equity and inclusion in the education system by ensuring that all children, irrespective of their socioeconomic background, gender, or religion, have access to education.
3. Focuses on quality education: The act lays down norms and standards for schools to ensure that children receive a quality education. The norms include minimum infrastructure requirements, the need for trained and qualified teachers, and a pupil-teacher ratio of 30:1.
4. Empowers children and parents: The act has helped to empower children and parents by giving them the right to demand quality education and hold schools accountable for their performance.
5. Encourages private sector participation: The act requires private schools to reserve 25% of their seats for children from economically and socially disadvantaged backgrounds, which has helped to encourage private sector participation in the education sector.

Relationship Between RTE Act and 86^th Amendment on Article 21A

The Right to Education (RTE) Act 2009 and Article 21A of the Indian Constitution, which was introduced by the 86^th Amendment in 2002, are closely related. Article 21A provides for the right to education as a fundamental right for all children in the age group of 6-14 years. The RTE Act was enacted in 2009 to give effect to this constitutional provision.

• The RTE Act Is a comprehensive law that lays down the modalities for implementing the right to education under Article 21A. It provides for free and compulsory education for all children between the ages of 6 and 14 years, non-discrimination in admission, quality education, reservation of seats for economically and socially disadvantaged children in private schools, continuous and comprehensive evaluation of students, and monitoring and implementation of the act.
• In effect, the RTE Act operationalizes the fundamental right to education guaranteed under Article 21A. The act provides the necessary legal framework and institutional arrangements for the effective implementation of the right to education. The act also provides for the establishment of State Commissions and the National Commission for the Protection of Child Rights (NCPCR) to oversee the implementation of the act and ensure that the provisions are being implemented effectively.
• Thus, the relationship between the RTE Act 2009 and Article 21A is that the former gives effect to the latter by providing the necessary legal framework and institutional arrangements for the implementation of the right to education as a fundamental right for all children in the age group of 6-14 years.

Conclusion

The RTE ACT 2009 works hand in hand with Article 21A of the Indian Constitution as it serves as a complimentary to the 2009 act. It is important to note the importance of the relationship and its social impact with the main goal of reducing illiteracy and making education a fundamental right for all children. This is also of great importance as some guidelines to govern the welfare and running of the schools despite being private are also mentioned. Therefore, the relationship between the act and art21a gives the children their right to education.