The Right to Education Act in India

Background, highlight, required fund for implementation children benefited and criticism for the Act “The Right to Free and Compulsory Education Act in India”.

From 1st april 2010 the right of children to free and compulsory education act come into force in India.


As per article 21A in the Indian Constitution education is a fundamental right. The draft bill of the present act was composed in the year 2005. The bill was approved by the cabinet on 2nd July 2009, rajya sava by 20th July 2009 and lok sava on 4th Aug 2009. It comes into force as a Law on 3rd Sep 2009.


1) Free and compulsory education in the 6-14 age groups.
2) Quality Education (like adequate teachers, playground and infrastructure) in schools.
3) Social Responsibilities like reservation in private schools (25% reservation for children from poor family)
4) Obligation in teachers and anti-corruption rules for school administration.
5) No donation or capitation fees
6) No interview of the child or parents for admission.
7) Local authority or school management committee will identify the drop out or out of school children.

Fund requirement

For the implementation of the act government has approved Rs 25000 crore to the states. As per estimate Rs 171000 crore funds will be required in the next five years. Centre and State Government agreed to share the fund in the ratio 55:45.

Children benefited

Approx 22 crore children fall under the age group 6-14. Out of which 4.1% i.e. 92 lakhs children either dropped out from school or never attend any educational institution. These children will get elementary education. Local and state government will ensure it.


In the Right to Education Act there is no quality equalization standard for all school and the bill has been criticized because it excluded children under 6 years of age.

Some school challenged the law in Supreme Court as being unconstitutional. Some private school also says that fundamental rights of non-aided schools are violated.

End note

Right to education bill is a historic move and a major achievement by India government.

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