Right To Education As A Fundamental Right Under The Indian Constitution: A Critical Study

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Rashika R, BA LLB, Government Law College, Ramanathapuram.

ABSTRACT

Education is a vital means of gaining knowledge and it acts as a foundation for both social and economic advancement. Right to Education plays an important role in Indian democracy. The Indian Constitution recognizes education as a fundamental right under Article 21A. This article examines the role of the Right to Education in Indian democracy and how it occupies a predominant place among the fundamental rights guaranteed under part III of the Indian Constitution. It also analyses the Constitution (Eighty-sixth Amendment) Act, 2002 and its implementation. This study particularly focuses on constitutional framework of the Right to Education under Article 21A of the Indian Constitution. The judicial interpretation of Right to Education, along with the enactment of the Right of Children to Free and Compulsory Education Act, 2009 ensures access to education for citizens. By examining legislative provisions and relevant case laws, the article highlights the challenges in achieving universal and quality education. It concludes that effective implementation of Right to Education is essential for promoting equality, social justice, and the overall development of children in India.

Keywords: Right to Education, Article 21A, Indian Constitution, Fundamental Rights, RTE Act 2009, Educational Rights.

504. RIGHT TO EDUCATION AS A FUNDAMENTAL RIGHT UNDER THE INDIAN CONSTITUTION- A CRITICAL S

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