In INDIA, the Right of Children to Free and Compulsory Education Act 2009 (RTE Act) was enacted under:
Aonly Article 21A of the Constitution (cf. Constitution of India, Article 21A; Right to Education Act 2009) (cf. Constitution of India, Article 21A; Right to Education Act 2009)
BARTICLE 21A (right to education for children 6-14) inserted by the 86th Amendment Act, 2002 — making it both a constitutional and statutory right
Conly Article 45 DPSP (cf. Constitution of India, Article 21A; Right to Education Act 2009) (cf. Constitution of India, Article 21A; Right to Education Act 2009)
Donly Article 51 international law (cf. Constitution of India, Article 21A; Right to Education Act 2009) (cf. Constitution of India, Article 21A; Right to Education Act 2009)
Answer & Solution
Correct answer: B. ARTICLE 21A (right to education for children 6-14) inserted by the 86th Amendment Act, 2002 — making it both a constitutional and statutory right
1. Article 21A was inserted by the Constitution (86th Amendment) Act, 2002 (took effect from 1 April 2010 along with the RTE Act).
2. 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.'
3. The Right of Children to Free and Compulsory Education Act, 2009 implements Article 21A.
4. Pre-86th Amendment, the right to education was a DPSP under Article 45.
5. Unni Krishnan v. State of AP (1993) had earlier read right to education into Article 21.
6. RTE mandates 25% reservation in unaided private schools for disadvantaged children.
7. Hence option B is correct.
_Source: UDHR 1948 / ICCPR 1966 / ICESCR 1966 / CAT 1984 / CEDAW 1979 / CRC 1989 / PHRA 1993 / Constitution Part III — Constitution of India, Article 21A; Right to Education Act 2009_
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