The Constitution (Eighty-sixth Amendment) Act of 2002 incorporated Article 21-A into the Indian Constitution, establishing free and compulsory education for all children aged six to fourteen years as a Fundamental Right in such manner as the State may by legislation specify. The Right of Children to Free and Compulsory Education (RTE) Act of 2009, which represents the consequential legislation envisaged by Article 21-A, states that every child has the right to full-time elementary education of satisfactory and equitable quality in a formal school that meets certain essential norms and standards.
The Central and State governments have a legal obligation to implement this fundamental child right, as guaranteed in Article 21A of the Constitution, in accordance with the terms of the RTE Act. The RTE Act provides for: Children have the right to free and obligatory education in a neighborhood school until they complete their elementary education. It explains that 'compulsory education' refers to the government's commitment to offer free elementary education and to ensure compulsory entrance, attendance, and completion of primary school for all children aged six to fourteen years. 'Free' indicates that no child will be required to pay any fee, charges, or expenses that would prevent him or her from pursuing and completing basic school.It allows non-accepted children to be admitted to an age-appropriate class.
It stipulates the roles and responsibilities of competent governments, local authorities, and parents in delivering free and compulsory education, as well as the financial and other responsibilities shared by the Central and State governments.
It establishes norms and standards for, among other things, pupil-to-teacher ratios (PTRs), facilities and infrastructure, school working days, and teacher-working hours.
allows for logical teacher deployment by ensuring that the stipulated pupil teacher ratio is maintained for each school rather than as an average for the State, District, or Block, guaranteeing that there is no urban-rural disparity in teacher postings. It also prohibits the deployment of teachers for non-educational purposes other than the decennial census, local elections, state legislatures, and parliament, and disaster assistance.
It calls for the appointment of suitably trained instructors, i.e. those with the necessary entry and academic credentials.
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