Actual Article
Article 21A of the Indian Constitution mandates the State to provide free and compulsory education to all children aged six to fourteen years. It was added by the 86th Constitutional Amendment Act, 2002, to ensure that every child receives basic education as a fundamental right.
Text of Article 21A
“The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”
UPSC Notes for Article 21A
- Objective: To ensure universal access to education for children aged six to fourteen, thereby promoting literacy and empowering future generations.
- Key Provisions:
- Free Education: No child in the specified age group should be required to pay any kind of fee that could prevent them from receiving education.
- Compulsory Education: It is the obligation of the State to ensure that all children in this age group attend school and receive education.
- Legislative Backing: The Right of Children to Free and Compulsory Education (RTE) Act, 2009, was enacted to operationalize the provisions of Article 21A.
- Significance: Recognizes education as a fundamental right and aims to address issues of illiteracy, inequality, and socio-economic barriers to education.
Important Cases and Commissions Related to Article 21A
- Unnikrishnan J.P. vs. State of Andhra Pradesh (1993): Before Article 21A was added, the Supreme Court interpreted Article 21 to include the right to education up to the age of 14. This case laid the groundwork for the constitutional amendment.
- Mohini Jain vs. State of Karnataka (1992): The Supreme Court ruled that the right to education is implicit in the right to life under Article 21, leading to the formulation of Article 21A.
- Society for Unaided Private Schools of Rajasthan vs. Union of India (2012): The Supreme Court upheld the constitutional validity of the RTE Act, mandating 25% reservation for disadvantaged children in private schools.
Important Reports Related to Article 21A
- National Education Policy (NEP) 2020: Emphasizes the need to provide quality education for all children and to address gaps in educational access and outcomes.
- Yashpal Committee Report (1993): Recommended reforms in higher education but also highlighted the importance of foundational education, influencing the policy framework leading to Article 21A.
- TSR Subramanian Committee Report (2016): Focused on various aspects of school education, including the implementation of the RTE Act and improving educational quality.
Previous Year Prelims Questions Related to Article 21A
- Prelims 2018:
- Which of the following articles of the Indian Constitution deals with the provision of free and compulsory education for children?
- (a) Article 45
- (b) Article 21A
- (c) Article 29
- (d) Article 41
- Answer: (b) Article 21A
- Prelims 2015:
- The Right of Children to Free and Compulsory Education Act, 2009, is associated with which Article of the Indian Constitution?
- (a) Article 19
- (b) Article 21
- (c) Article 21A
- (d) Article 22
- Answer: (c) Article 21A
Previous Year Mains Questions Related to Article 21A
- Mains 2017:
- Examine the challenges in the implementation of Article 21A in India. How has the RTE Act addressed these challenges, and what more needs to be done to ensure effective enforcement?
- Mains 2014:
- Discuss the significance of the Right to Education as a fundamental right under Article 21A of the Indian Constitution. How does it contribute to social and economic development in India?
Article 21A is a cornerstone of India’s commitment to universal education. It underscores the State’s obligation to provide every child with the opportunity to receive a basic education, thus laying the foundation for a literate and empowered society. Understanding its provisions, legislative backing, and judicial interpretations is essential for UPSC aspirants preparing for both prelims and mains examinations.