Right to Education
/raɪt tuː ˌɛdʒʊˈkeɪʃən/
Constitutional Right
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Definition
Article 21A of the Indian Constitution (inserted by the 86th Amendment, 2002) provides: '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 was given effect by the Right to Education Act, 2009 (RTE Act). Children in private unaided schools: 25% of seats must be reserved for EWS/disadvantaged children, with reimbursement to schools from the state.
Examples
Case Study
In Society for Unaided Private Schools of Rajasthan v. Union of India (2012), the Supreme Court upheld the constitutional validity of the RTE Act and the 25% reservation requirement for unaided private schools — holding that the right to education of children (Article 21A) can impose obligations on private institutions as a reasonable restriction on Article 19(1)(g) (freedom to carry on business).
Key Cases
Society for Unaided Private Schools of Rajasthan v. Union of India
2012(2012) 6 SCC 102
Upheld RTE Act and 25% EWS reservation in unaided private schools. Right to education under Article 21A imposes obligations on private schools. Balanced children's right to education with schools' rights under Article 19(1)(g).
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