R A H I A J A B E - A L H A T

RIGHT OF
CHILDREN
TO FREE
AND
COMPULSOR
Y
E D U C AT I O N
A C T, 2 0 0 9
 The Right of Children
The Constitution
to Free and Compulsory
(Eighty-sixth 21A 1 April 2010
Education (RTE) Act,
Amendment) Act, 2002
2009

INTRODUCTION
U D H R O N E D U C AT I O N

Everyone has
Right to
Education

Education will
Parent's Right
be directed for
to Choose the
Full
School
Development
• DPSP Art.45
• Mohini Jain v. State of
Karnataka(1992)(capitation fee
case)
• Unni Krishnan v State of A.P.
(1993)
S TAT U S O F
RIGHT TO
E D U C AT I O N
AFTER 1950
  Five year plans

PLANS Sarva Siksha Abhyan (SSA)

LAUNCHED
BEFORE
RTE Mid Day Meal Scheme

Rashtriya Madhmayak Siksha

Abhyan (RMSA) 

6 to 14 years age group has a right
to free and compulsory education
MAIN
F E AT U R E S  All schools except government
schools are required to be
recognized by meeting the
OF THE specified norms and standards
within 3 years, failing of which
they will be penalized for up to
RTE ACT Rs. one lakh. 
All schools except private unaided
schools are to be managed by
school managing committees with
75 percent parents and guardians
as members.
 dropped out or have not  enrolled
in any schools 
the age of a child shall be
determined on the basis of
certificate issued 
Child’s mother tongue as medium
of instruction, and comprehensive
and continuous evaluation system
of child’s performance will be
employed.
Private and unaided educational
institutes will have to reserve 25
percent of the seats for the
students belonging to
economically weaker section
The National Commission for
Protection of Child Rights
(NCPCR) and state commissions
will monitor the implementation
of the Act.
Financial burdens will be shared
by the centre and the state
governments in the ratio of 55:45
and this ratio is 90:10 for the
northeastern states
D R AW B A C K S O F T H E A C T

Out of School Financial Insufficiency of

Children Constraints Teachers

Lack of
Poverty
Infrastructure 
 A M E N D M E N T: 2 0 1 9
• Amendment of section 16 of the Principal Act
• In section 16 of the principal Act, these sub-sections shall be added namely-
16 (1) There shall be a regular examination in the fifth class and in the eighth class at the end of every academic year.
(2) If a child fails in the examination referred to in sub-section (1), he shall be given additional instruction and granted opportunity for
re-examination within a period of two months from the date of declaration of the result.
(3) The appropriate Government may allow schools to hold back a child in the fifth class or in the eighth class or in both classes, in such
manner and subject to such conditions as may be prescribed, if he fails in the re-examination referred to in sub-section (2).
Provided that the appropriate Government may decide not to hold back a child in any class till the completion of elementary education.
(4) No child shall be expelled from a school till the completion of elementary education.
Amendment of section 38 of the Principal Act
In section 38 of the principal Act, in sub-section (2), after clause (f), the following clause shall be inserted, namely:—

“(fa) the manner and the conditions subject to which a child may be held back under sub-section (3) of section 16;”.
 • The Right to Education Act (RTE) calls for free and
compulsory education for the 6-14 years age-group. Since
school learning will now begin from age 3, the scope of
the RTE Act will now be from age 3 up to the age of 18
years.
NEP 2020
• Availability of free and compulsory quality education for
AND RTE classes 9-12 will also be made an integral part of the RTE
Act in 2020.