Article 21a And The Right To Education: Evaluating Implementation And Gaps
- IJLLR Journal
- Jun 22
- 2 min read
Shatakshi, B.A.LL.B., KIIT School of Law, Bhubaneswar, Odisha
ABSTRACT
The insertion of Article 21A into the Constitution of India through the 86th Amendment Act of 2002 marked a significant milestone in recognizing education as a fundamental right. It mandates free and compulsory education for all children between the ages of 6 and 14. Operationalized through the Right of Children to Free and Compulsory Education (RTE) Act, 2009, this provision was envisioned to be a transformative step toward universal elementary education. However, more than a decade since its implementation, significant gaps persist between constitutional promises and ground realities.
This research paper critically evaluates the implementation of Article 21A by examining various indicators such as enrolment and retention rates, infrastructure development, quality of education, and learning outcomes. It analyses the roles played by central and state governments, as well as the functioning of School Management Committees and the impact of policies like Sarva Shiksha Abhiyan and Samagra Shiksha Abhiyan. The paper also explores how socio-economic disparities, gender, caste, and regional inequalities continue to undermine the goal of equitable education.
Special attention is given to challenges faced in the implementation of Section 12(1)(c) of the RTE Act, which mandates a 25% reservation in private schools for children from disadvantaged backgrounds. Furthermore, the paper assesses the effects of the COVID-19 pandemic on access to education, especially the widening digital divide.
Judicial pronouncements and policy critiques are incorporated to provide a holistic view of the progress and limitations of Article 21A. The study concludes with recommendations aimed at bridging policy-practice gaps, enhancing accountability, and strengthening the educational framework to fulfil the constitutional mandate of universal elementary education.
Keywords: Article 21A, Right to Education, RTE Act 2009, Educational Inequality, Implementation Gaps
