Sara Maheshwari, Symbiosis Law School, Pune
HISTORICAL EVOLUTION
Earl Warren, the Chief Justice of the Unites States once said, education is perhaps the most important function of State and local governments. It is the very foundation of good citizenship.
Constitutional Background:
The Right of Children to Free and Compulsory Education Act, 2009 or Right to Education Act (RTE) was enacted on 4th August 2009. It is one of the most significant legislations towards universalisation of education in India. The 86th Constitutional Amendment inserted Article 21A under Part III of Indian Constitution, making ‘Right to Education’ a fundamental right.
The legislative approval of RTE in 2009 has been a result of long periods of heated debates and alterations, starting from 2002. The first draft of the legislation was prepared and released in 2003. Suggestions and comments were invited from the public and a revised draft titled ‘Free and Compulsory Education Bill’ came about in 2004. The Central Advisory Board of Education (CABE) Committee submitted the Bill to the Ministry of Human Resource Development (MHRD). Further, the Bill was sent to National Advisory Council (NAC) and finally the Prime Minister. However, the Bill was rejected in 2006, citing financial constrains at the state levels.
Ultimately, RTE Act came into force on 1st April, 2010, making India one of the 135 countries of the world to make education a fundamental right for every child.
