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First, I will provide a concise explanation of

education and justify its significance in being
recognized as an inalienable right.

Education refers to the acquisition of knowledge,

skills, values, and attitudes through teaching,
study, or research. It is typically institutionalised
through educational institutions like schools,
college and universities.
However Education in the modern world has
evolved to meet the demands of a rapidly
changing society and technological
advancements.
Education plays a crucial role in individual and
societal development. It equips individuals with
the necessary skills and knowledge to succeed in
their chosen fields, and empowers them to make
informed decisions and contribute to society.
Education also promotes critical thinking,
problem-solving, and creativity, which are
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essential for personal growth and advancement

and for the betterment of society.
That is why education is recognised as a basic
human right, as it empowers individuals,
promotes equality and social justice, drives
economic growth, fosters democratic
participation, and supports personal
development.
Now, I will delve into the concept of education as a
fundamental right within the framework of the
Indian constitution.

Now i shall be discussing right to free education,

under the light of "directive principles" of the
constitution of India.

Article 45 : Constitution of India 1950

The State shall endeavour to provide, within a
period of ten years from the commencement of
this Constitution, for free and compulsory
education for all children until they complete the
age of fourteen years.
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The Right to education was initially not included

as a fundamental right in the constitution of India
but as a Directive principles of state policy under
Part IV of the constitution of India under article 45.
Since the Indian Constitution came into force
shortly after independence from 200 years of
colonial rule, it was impossible to include and
implement the Right to Education as a
fundamental right at that stage of severe
economic crisis.

Apart from Article 45, there are other articles

related to the right to education under the
Directive Principles of State Policy in the Indian
Constitution. Here are a few of them:
Article 38: The State shall strive to promote the
welfare of the people by securing and protecting
a social order by ensuring social, economic and
political justice and by minimising inequalities in
income, status, facilities and opportunities
Article 39(f) Children are provided with suitable
chances to aid in their development in a free,
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healthy, and dignified way. Furthermore, children

and adolescents must be protected against all
forms of exploitation as well as material and moral
desertion.

1. Article 41: This article states that the State

shall, within the limits of its economic capacity
and development, make effective provisions for
securing the right to work, education, and public
assistance in cases of unemployment, old age,
sickness, and disability.

2. Article 46: This article emphasizes the

promotion of educational and economic interests
of the weaker sections of society, specifically
referring to Scheduled Castes (SCs) and
Scheduled Tribes (STs). It states that the State
shall promote with special care the educational
and economic interests of these sections, and
protect them from social injustice and
exploitation.
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3. Article 47: Though not explicitly related to

education, this article indirectly contributes to
the right to education by stating that the State
shall regard the raising of the level of nutrition and
the standard of living of its people, as well

These articles, along with Article 45, provide a

framework for the State's responsibility in
guaranteeing the right to education and
promoting equal opportunities for all citizens,
particularly marginalized sections of society.

Right to Education as a Fundamental Right

Before the Right to Education Act came into the

picture, it was the Supreme Court that held that
the Right to Education falls under the hallowed
walls of the fundamental right to live with dignity
guaranteed under Article 21 because education
ensures a good and dignified life.

In the case of Mohini Jain v. State of Karnataka

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In this case, Supreme Court relates the human

right of education with Article 21 by saying that
the right to education is a fundamental right
under Article 21 of the Indian Constitution and
also that education is the right of everyone that
flows from birth.
And then,
in the case of, Unni Krishnan, v. state of Andhra
Pradesh & Ors. (1993),
where Supreme Court held conclusively after
partially overruling a previous judgement that the
Right to Education is a fundamental right under
Article 21 of the Constitution for children up to the
age of fourteen years. Beyond the age of
fourteen years, the Right to Education becomes
subordinate to the economic means of the state
and its development.

86th Constitutional Amendment Act, 2002

making right to education as a fundamental right

The 86th Amendment was established to ensure

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that children under the age of 14 have access to

free and compulsory formal education. Article 21A
outlines the commitment of the state to provide
children with free and compulsory education. This
article, on the other hand, also requires the state
to offer a child aged 6 to 14 years suitable
schooling and education, which will be delivered
by the state utilizing whatever methods are
available.

This article also stipulates that such children

must have access to schools within a reasonable
distance of their homes and that it is the
responsibility of their parents to ensure that their
children attend school. According to the Act,
every child aged 6 to 14 has the right to an
environment that provides early childhood care
as well as the opportunity for quality education.

Right of Children to Free and Compulsory

Education Act, 2009
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The ‘Right of Children to Free and Compulsory

Education Act, 2009,’ also known as the Right to
Education (RTE) Act, 2009, was passed to put
into effect the 86th Constitutional Amendment
Act of 2002. This act is arranged into seven
chapters and 38 sections.

The title of the RTE Act includes the words ‘free’

and ‘compulsory’. Free education implies that no
child, excluding those enrolled by their parents in
a school not funded by the applicable State
Government, would be asked to pay any fee,
charge, or expenditure that may prevent them
from pursuing and finishing primary education.
The phrase ‘compulsory education’ implies that
the responsible government and local authorities
must provide and ensure that all children aged 6
to 14 have access to and complete primary
education.
In conclusion,
the right to education has been recognized and
emphasized under the Directive Principles of
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State Policy. Article 45 specifically addresses this

right, highlighting the importance of providing
free and compulsory education for children.
However, it is essential to note that the right to
education is not limited to just Article 45 but is
also upheld in various other provisions within the
Constitution. These provisions reflect the
commitment of the Indian government towards
ensuring quality education for all citizens and
promoting equality, social justice, and inclusive
growth. The right to education under the
Directive Principles of State Policy serves as a
cornerstone for building a stronger and more
developed nation, where every individual has
access to a meaningful and transformative
education.