Right to Education: A Fundamental Right

  • Rashi Shah
  • Show Author Details
  • Rashi Shah

    Student at Kirit P. Mehta School of Law, NMIMS, India

  • img Download Full Paper


Nobel Laureate Amartya Sen appropriately quoted that, “Education is the backbone of India”. Well realizing this fact long before, the constitutional framers inserted Article 45, 41, etc. in the Directive Principles of State Policy to ensure that the educational needs are well catered to by the State. In 2002, vide the 86th Constitutional Amendment, Article 21 A was included which guarantees free and compulsory education to children from six to fourteen years of age. A corresponding duty was levied upon the parents/guardians under Article 51 A (k). To give effect to the same, the Right of Children to Free and Compulsory Education Act was promulgated in 2009 with a view to enhance the overall quality of education in the country. However, despite the massive statutory framework, the idea of “free and compulsory education” remains to be a distant dream for the nation. The research paper would thus focus on the varied legislative and judicial initiatives undertaken to achieve the 4A’s of the right to education namely, availability, accessibility, acceptability and adaptability. It will highlight the pertinent lacunas in the aforementioned regime. Lastly, suggestions shall be made to improve the current state of affairs.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 1016 - 1036

DOI: https://doij.org/10.10000/IJLMH.111338

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021