Constitutional guarantee and the RTE Act 2009

Core facts

Original Article 45 (Part IV, Directive Principles): the State shall endeavour, within ten years of the Constitution's commencement (that is, by 1960), to provide free and compulsory education for all children until they complete 14 years. Not enforceable in court (not justiciable).
86th Constitutional Amendment Act, 2002 made three changes:
- inserted Article 21A (Part III, Fundamental Rights): free and compulsory education to all children aged 6 to 14, in the manner the State decides by law;
- substituted Article 45: the State shall endeavour to provide early childhood care and education (ECCE) for all children until they complete 6 years;
- added Article 51A(k) (Fundamental Duties): every parent or guardian must provide opportunities for education to his or her child or ward between 6 and 14. This became the 11th Fundamental Duty.
The law under Article 21A is the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act):
- Act No. 35 of 2009; passed by the Rajya Sabha first (20 July 2009), then the Lok Sabha (4 August 2009); President's assent 26 August 2009;
- in force, together with Article 21A, from 1 April 2010;
- 7 chapters, 39 sections and a Schedule of norms and standards.
Child under the Act (s.2(c)): a boy or girl aged 6 to 14. Elementary education (s.2(f)): Classes 1 to 8.
Other education articles to know:
- Article 46: promote the educational and economic interests of SCs, STs and other weaker sections (the "weaker sections" article);
- Article 15(4) (1st Amendment, 1951): special provisions for socially and educationally backward classes, SCs and STs; Article 15(5) (93rd Amendment, 2005): reservation in admission to educational institutions, including private unaided ones, except minority institutions;
- Article 24: no child below 14 in factories, mines or other hazardous work;
- Article 28: no religious instruction in institutions wholly maintained from State funds;
- Article 29(2): no denial of admission to a State-run or State-aided institution on grounds only of religion, race, caste or language; Article 30: minorities may establish and administer educational institutions of their choice;
- Article 41: right to work, to education and to public assistance, within the State's economic capacity (Directive Principle);
- Article 350A (7th Amendment, 1956): instruction in the mother tongue at the primary stage for linguistic minority children.
Education moved from the State List to the Concurrent List by the 42nd Amendment, 1976 (Concurrent List entry 25).
Key RTE sections asked: s.3 right to education in a neighbourhood school; s.12(1)(c) 25% seats for weaker and disadvantaged children in private unaided schools; s.13 no capitation fee, no screening; s.16 no holding back (changed 2019); s.17 no physical punishment or mental harassment; s.21 School Management Committee; s.29 curriculum, mother tongue and CCE; s.30 no board exam till Class 8; s.31 monitoring by NCPCR.

Explained

1. From promise to right: the stages.

Year	Step	What it did
1906	Baroda State	first Indian State to make primary education compulsory (Sayajirao Gaekwad III)
1910–11	Gopal Krishna Gokhale	resolution (1910) and Elementary Education Bill (1911) in the Imperial Legislative Council; rejected
1950	Original Art 45	Directive: education to 14 within ten years (target 1960, missed)
1976	42nd Amendment	education shifted to the Concurrent List
1992	Mohini Jain	Supreme Court: right to education flows from Art 21 (right to life)
1993	Unni Krishnan	right to free education up to 14; beyond that, subject to the State's economic capacity
1997	Saikia Committee	State Education Ministers (chair Muhi Ram Saikia) recommend a Fundamental Right
1999	Tapas Majumdar Committee	estimates the cost of making it a right
2002	86th Amendment	Art 21A (6 to 14), new Art 45 (ECCE below 6), Art 51A(k)
2009	RTE Act	law under Art 21A; in force 1 April 2010

2. The RTE Act, section by section. The BRAOU book lists the provisions without numbers; APPSC asks the numbers.

Section	Provision
Chapter I: 1	short title; at first extended to all India except Jammu and Kashmir (extended there from 31 October 2019); s.1(4) subject to Articles 29 and 30; s.1(5) not applicable to madrasas, Vedic pathshalas and religious institutions (both added 2012)
2	definitions: (b) capitation fee = any donation or payment other than the notified fee; (c) child = 6 to 14; (d) disadvantaged group = SC, ST, socially and educationally backward, disabled and others notified; (e) weaker section = parent's income below the notified limit; (f) elementary = Classes 1 to 8; (o) screening = any selection method other than a random one; (p) specified category = Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School and others notified
Chapter II: 3	free and compulsory education in a neighbourhood school till elementary education is complete; "free" = no fee or charge that stops the child; s.3(3) children with disabilities; severe or multiple disability may opt for home-based education (2012)
4	an out-of-school child is admitted to an age-appropriate class with special training; free education continues even after 14 till Class 8 is done
5	right to transfer; the head teacher must issue the transfer certificate at once; delay is not a ground to refuse admission and invites disciplinary action
Chapter III: 6	government and local authority to set up neighbourhood schools within three years
7	Centre and States have concurrent responsibility for funds; the Centre prepares estimates and frames the national curriculum framework and teacher-training standards
8	duties of the appropriate government ("compulsory" = government must ensure admission, attendance and completion)
9	duties of the local authority, also: keep records of children up to 14, admit migrant children, decide the academic calendar
10	duty of parents and guardians to admit the child
11	government may provide free pre-school education for children 3 to 6
Chapter IV: 12	(a) government schools: all children free; (b) aided schools: free seats in proportion to aid, minimum 25%; (c) private unaided and specified-category schools: 25% of Class 1 (or pre-school) seats for weaker-section and disadvantaged children of the neighbourhood; s.12(2) the State reimburses its per-child cost or the fee charged, whichever is less
13	no capitation fee; no screening of child or parents (penalties in point 3)
14	age proved by birth certificate or other document; no denial of admission for lack of age proof
15	no denial of admission even when sought after the extended admission period
16	no holding back or expulsion till Class 8 (holding back changed in 2019)
17	no physical punishment or mental harassment; offender faces disciplinary action under service rules
18	no private school without a certificate of recognition; s.18(5) fine for running without it
19	every school must meet the Schedule's norms; old schools got three years; s.19(5) fine for running after recognition is withdrawn
20	the Central Government may amend the Schedule by notification
21	School Management Committee (SMC) in every school except private unaided ones; in minority and aided schools it is advisory only (2012)
22	the SMC prepares a School Development Plan, the basis of government plans and grants
23	teacher qualifications laid down by an academic authority (NCTE; hence the TET); untrained teachers had five years to qualify
24	duties of teachers: regularity and punctuality, complete the curriculum in time, assess each child and give extra help, hold regular meetings with parents
25	pupil-teacher ratio of the Schedule within three years; s.25(2) a teacher posted in a school may not be made to serve in another school or office
26	teacher vacancies not to exceed 10% of sanctioned posts
27	teachers not used for non-teaching work except the decennial census, disaster relief and elections
28	no private tuition by teachers
Chapter V: 29	curriculum and evaluation by an academic authority (NCERT / SCERT): constitutional values, all-round development, learning through activity, discovery and exploration, child-centred, mother tongue as far as practicable, free of fear, trauma and anxiety, continuous and comprehensive evaluation (CCE)
30	no board examination till Class 8; a completion certificate after Class 8
Chapter VI: 31	NCPCR and SCPCRs (Commissions for Protection of Child Rights Act, 2005) monitor the right and inquire into complaints
32	complaint in writing to the local authority, decided within three months; appeal to the SCPCR
33, 34	National and State Advisory Councils, each of up to 15 members
Chapter VII: 35–39	directions (35); prosecution only with prior sanction (36); good-faith protection (37); rules (38); removal of difficulties (39)

3. Norms in the Schedule (it is referred to in ss.19 and 25).

Children admitted, Classes 1 to 5	Teachers
up to 60	2
61 to 90	3
91 to 120	4
121 to 200	5
above 150	5 plus a head teacher
above 200	PTR (excluding the head teacher) not over 40

The slabs work out to about 30:1 at primary, the figure books and keys use.
Upper primary (Classes 6 to 8): at least one teacher per class, so that there is a teacher each for science and maths, social studies and languages; at least one teacher for every 35 children (35:1); where enrolment exceeds 100, a full-time head teacher and part-time instructors in art education, health and physical education and work education.
Working days / hours: 200 days and 800 hours a year at primary; 220 days and 1,000 hours at upper primary. Teachers: 45 hours a week including preparation.
Building: an all-weather building with at least one classroom per teacher, an office-cum-store-cum-head teacher's room, barrier-free access, separate toilets for boys and girls, safe drinking water, a kitchen for the mid-day meal, a playground, a boundary wall or fence.
Also: teaching-learning equipment for each class; a library with newspapers, magazines and story-books; play material and sports equipment.
SMC (s.21): members are local-body representatives, parents or guardians and teachers; at least three-fourths are parents or guardians (with proportionate representation of weaker and disadvantaged groups); 50% women. Functions: monitor the school, prepare the School Development Plan, monitor the use of grants.
Penalties:
- capitation fee (s.13(2)): a fine up to ten times the fee;
- screening (s.13(2)): ₹25,000 for the first contravention and ₹50,000 for each later one;
- running a school without recognition (s.18(5)) or after recognition is withdrawn (s.19(5)): up to ₹1 lakh, plus ₹10,000 a day while it continues.

4. Amendments to the Act.

Amendment	Main change
2012 (Act 30 of 2012)	children with disabilities brought into the "disadvantaged group" (s.2(ee)), home-based education option; madrasas, Vedic pathshalas and religious institutions kept out (s.1(5)); Act made subject to Articles 29 and 30; SMCs of minority and aided schools made advisory
2017 (August 2017)	untrained teachers given until 31 March 2019 to acquire the minimum qualification
2019 (January 2019)	new s.16: a regular examination in Classes 5 and 8; a child who fails gets extra teaching and a re-examination within two months; if the child fails again, the State may hold the child back; no child may be expelled till Class 8

In December 2024 the Centre changed its own RTE rules to use this option in schools it runs (Kendriya and Navodaya Vidyalayas, Sainik Schools); States decide for their own schools.

5. Right to education in international law (BRAOU Unit 11).

UDHR 1948, Article 26: everyone has the right to education, free at least at the elementary stage and elementary education compulsory.
Treaties: ICESCR (1966), Articles 13–14; CEDAW (1979); Convention on the Rights of the Child (1989).
The UN describes the right through the 4 A's: availability, accessibility, acceptability, adaptability ("affordability" is not one of them).
The State's three duties: respect, protect and fulfil the right.
Paulo Freire, Education: The Practice of Freedom, saw literacy as an act of conscious, creative communication.

6. What APPSC asked, and where its keys used loose article numbers. Learn the standard answer, then read the options.

2019: medium of instruction under the RTE Act = mother tongue (s.29, as far as practicable).
2022: "which article gives right to education" and "free and compulsory education up to 14": key Article 45 (21A was not among the options); the 86th Amendment made elementary education a Fundamental Right.
2025: age group 6 to 14; the RTE Act comes under Article 21A (stem misprinted "RTE Act, 2007"); corporal punishment, Section 17; RTE as an extension of Article 45 (no 21A in the options).
"ECCE below 6 years": Article 45 (as substituted in 2002). The 2025 key printed "Article 45A", which does not exist; our files mark it as a key doubt.
"No discrimination": the standard answer is Article 15 (with 17 and 18). The 2025 key's "Article 45/A" is not a non-discrimination article; also a key doubt.
Rule of thumb: 21A = right (6 to 14); 45 = old promise to 14 / new ECCE below 6; 46 = weaker sections; 51A(k) = parents' duty.

AP angle

The judgment that fixed the right at up to 14 years, Unni Krishnan (1993), is titled against the State of Andhra Pradesh: it started with petitions from private professional colleges in Andhra Pradesh and other States about capitation fees.
AP framed the A.P. Right of Children to Free and Compulsory Education Rules, 2010 under s.38; the State's RTE entitlements (free textbooks and uniforms, special training for out-of-school children, school grants and SMCs, 25% quota admissions) run through Samagra Shiksha, Andhra Pradesh.

Common traps

✗ "Article 21A was added by the 93rd Amendment." ✓ 86th Amendment, 2002. The 93rd (2005) added Article 15(5).
✗ "The RTE Act came into force in 2009." ✓ Passed 2009; in force 1 April 2010 (with Art 21A).
✗ "The RTE Act has 38 sections." ✓ 39 sections in 7 chapters, plus a Schedule (s.38 is rule-making; s.39 removal of difficulties).
✗ "After 2002, Article 45 still covers education up to 14." ✓ The new Art 45 is ECCE for children below 6.
✗ "There is an Article 45A for ECCE." ✓ No such article; ECCE is in Article 45 itself.
✗ "Article 45 gives the Fundamental Right to education." ✓ The right is Article 21A. Pick 45 only when 21A is not offered or the stem quotes the original "up to 14 within ten years".
✗ "Article 51A(k) is a duty of the State." ✓ It is the duty of parents or guardians.
✗ "Corporal punishment is banned by s.8 or s.26." ✓ Section 17.
✗ "The ₹1 lakh fine is under s.13." ✓ s.13(2) fines are for capitation fee (10 times) and screening (₹25,000 / ₹50,000); the ₹1 lakh + ₹10,000 a day fine is in s.18(5) and s.19(5) (unrecognised school).
✗ "The Act applies to madrasas and Vedic pathshalas." ✓ The 2012 amendment (s.1(5)) excludes them (some book editions print the opposite).
✗ "Private unaided schools must have an SMC." ✓ s.21 exempts private unaided schools.
✗ "The RTE age group is 6 to 13 or 4 to 12." ✓ 6 to 14; elementary = Classes 1 to 8.
✗ "Education was always a Concurrent subject." ✓ It moved from the State List to the Concurrent List in 1976 (42nd Amendment).
✗ "Article 46 is about the right to education." ✓ Art 46 = educational and economic interests of SCs, STs and weaker sections.

Quick revision

Original Art 45: free, compulsory education to 14 within 10 years (by 1960).
86th Amendment 2002: Art 21A (6 to 14), new Art 45 (ECCE below 6), Art 51A(k) (parents).
RTE Act 2009: Act 35; assent 26 Aug 2009; in force 1 April 2010; 7 chapters, 39 sections.
s.12(1)(c) 25% quota; s.13 no capitation fee or screening; s.16 no detention; s.17 no corporal punishment.
s.21 SMC: three-fourths parents, half women; s.29 CCE, mother tongue; s.30 no board exam till Class 8.
PTR 30:1 primary, 35:1 upper primary; 200 days / 800 hours and 220 days / 1,000 hours; teachers 45 hours a week.
Fines: capitation 10 times; screening ₹25,000 / ₹50,000; unrecognised school ₹1 lakh + ₹10,000 a day (s.18(5), 19(5)).
2012: disability, madrasas out, Arts 29–30; 2017: teachers by 31 March 2019; 2019: exams in Classes 5 and 8.
Art 46 weaker sections; Art 350A mother tongue at primary stage; Art 24 no child labour below 14.
Gokhale Bill 1911; Unni Krishnan v State of AP 1993; 42nd Amendment 1976: Concurrent List.

Go deeper: Deeper (beyond what APPSC Paper I usually asks)

Deeper Advanced

1. How the Amendment came about.

The original ten-year target lapsed in 1960; enrolment grew but universal schooling did not come.
Unni Krishnan (1993) narrowed Mohini Jain (1992): a Fundamental Right up to 14, and beyond that subject to the State's economic capacity (Art 41). That age limit became Article 21A.
A constitution amendment Bill to insert Article 21A was introduced in 1997 (numbered the 83rd Amendment Bill); after the Saikia and Tapas Majumdar reports, Parliament passed it as the 86th Amendment Act, 2002.
Article 21A did not come into force for over seven years: it was notified only with the RTE Act, on 1 April 2010.
The RTE Bill went through drafts from 2005; the Cabinet cleared it on 2 July 2009. An Anil Bordia committee (2010) then re-shaped Sarva Shiksha Abhiyan to deliver the Act.

2. Why the 2002 wording of Article 45 matters. The old Article 45 covered 0 to 14 in practice. After 2002, 6 to 14 is a right (21A), and below 6 stays a directive (ECCE in Art 45). Pre-school is therefore not a justiciable right; s.11 of the RTE Act only says the State may arrange it. The draft NEP 2019 recommended extending the RTE Act to ages 3 to 18; NEP 2020 sets universal access from 3 to 18 as a goal, but the legal right is still 6 to 14 until the Act is changed.

3. The 25% quota in the courts.

Society for Unaided Private Schools of Rajasthan (2012) upheld s.12(1)(c) for private unaided schools, except unaided minority schools.
Pramati Educational and Cultural Trust (2014, Constitution Bench): the RTE Act does not apply to any minority school, aided or unaided (Art 30); Article 15(5) and Article 21A are valid.

4. Strengths and gaps (for long answers and "which is true" items).

Gains: near-universal enrolment at the primary level, legal norms for buildings, toilets and teachers, the end of capitation fees and entry tests for small children, and a fixed duty on the State.
Gaps: learning levels stayed low (the shift from access to quality led to learning outcomes and NIPUN Bharat), the quota is unevenly applied and reimbursement is delayed, teacher vacancies remain, and no-detention was blamed for weak learning, hence the 2019 amendment.

Medha AI writes its own notes and checks them against the sources listed. Medha AI is an independent preparation service. It is not affiliated with, endorsed by or connected to APPSC, TSPSC, MPSC, UPSC or any other commission or government body.

7.1.1 Constitutional guarantee and the RTE Act 2009

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