Article 21A- Going to be Mirage

Manishek Kumar
City Academy Law College
Legal News Reporter.

In year 2002 through 86th amendment act Indian Parliament passed Right to Education Bill in the -name of Article 21-A.

Right to education:-
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. Right to education act was enacted on 4th august 2009 by Indian parliament. After this act India become one of 135 countries to make education a fundamental right of every child when the act came into force on 1st April 2010. Through this act India casts a legal obligation on the central and state to provide free education for child from 6-14 years of age.

Judicial Initiative:-

  • Mohini Jain vs. State of Karnataka [AIR 1992 SC]
    In the case Petitioner Miss Mohini Jain was denied admission because of high capitation fee of Rs. 4 and 50 thousand per annum in private medical college in Karnataka. On which the apex court of India held that right to education at all level a fundamental right under Article 21 of Indian Constitution and charging capitation fee for admission illegal and amounted to denial of citizen’s right to education. In the case specific age of right to education was not specified.
  • Unni Krishnan vs. State of A.P [(1993)1 SCC 645
    In the case SC not agreed with the decision of Mohini Jain and overruled it on the point that right to Education must be implemented with some specified age limit. Therefore in the case Right to education is provided to only those who belongs to 6-14 years age group. In the case it is also mentioned that Article 21-A makes it obligatory for the government to enact a central legislation to give effect to the constitutional amendment.
  • Ashok kumar thakur vs. Union of India [AIR 2008 SCC]
    in the case it was held by the SC that it is mandatory for state and centre to provide free education to children belonging to 6-14 years old under Art 21-A and in order to do so state and centre has to place much greater emphasis on allocating more funds for primary and secondary education. It was said that the entire nation’s progress virtually depends upon the proper and effective implementation of Article 21-A.
    Avinash Mehrotra vs. Union of India [AIR 2009 SCC]
    In the case it was said that education occupies a sacred place within our constitution and culture. It act as a liberations tool in the present scenario having “Transcendental importance” in the lives of Constitution and Republic.

Aim and Objective:-

  • To provide free education to all the children from age 6 to 14 years or to provide free education from class 1 to cla0ss 8 in nearby government school.
  • To provide free education upto class 8 to underprivileged and poor children in private schools.
  • To provide admission to schools even if they don’t have documents like transfer certificate and age proof.
  • Children cannot be forced to give tests for getting admission in a school.
  • Children cannot be asked to leave school or be forced to repeat a class, till they complete class 8.
  • Every private school has to keep 25% of its seats in class 1 for children from disadvantage groups and weaker section.
  • There is also provision to provide free uniforms and stationery to the socially and economically weaker students.


  • Between 2010-11 and 2015-16 student enrolment in government schools across 20 Indian states acquired 17.5 million new students which tell the story of crisis in governmental schools.
  • As per the data of District Information System for Education (DISE) and Education ministry data there is a sharp growth in application forms in private school for admission but it not lasted the same as the number of seats are very few in comparison and also due to lack of efficient private school.
  • Every year Central government expends on an average about 1.7 billion on Sarva Siksha Abhiyaan still the number of student admission in government schools are decreasing.
  • One of the major problems is the inefficiency of government school. Due to their management they are losing their credibility day by day and that’s becomes the reason of low literacy rate in India.
  • About 35% of the private school only reserves their seats for the poor child and rest of the school use to bluff the documents and take benefit of it.
  • Somehow lack of motivation, awareness and appreciation towards education in homes also results in illiteracy as the concern parents don’t want to send their wards in schools and the basic reason behind it is the rumour that education is too expensive.
  • Right to education also faces problems regarding the private schools act there are several of cases in which parents are complaining that they are told to submit some amount of fees against books and uniforms which is to be provided free of costs in some cases there are issues regarding curriculum that is activities and functions and school trip in which wards are told to submit fees and it is made compulsory.
  • There are also stories where private school forces the children and parents to use particular brand copies and school name printed cover and all these to be purchased from the school on which school earns lots of profit and at the same time parents earn lots of expenses and demoralisation.

Right to Education was implemented in order to provide benefit to students and family and in order to increase the literacy rate of India but actually at ground level the implementation is equal to zero. The way in which the Private and Government school are contributing to it is not sufficient for development but yes it is sufficient to put the RTE in black hole. Government both state and centre both needs to make uniform rules regarding stationery and Curriculum for every school so that no one has to face embarrassment in anyway. Government needs to put restrain on the ill practices done by the private school regarding stationery and activities and also to put restrain on corruption present in government school so that it is also known as place of study rather than place of mid day meal. In last I will say there is utter need for taking action against the malpractices and if it is not taken then the right will become like mirage one day which can only be seen and not touched.


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