The Right to Education: Kothari to Kishore Chandra Singh Deo

The journey of Article 21A of the Indian Constitution, which guarantees the right to education, is a story of evolution and judicial activism.

The Genesis of Article 21A

In 2002, the 86th Amendment to the Indian Constitution introduced Article 21A, which mandated that the state provide free and compulsory education to children between the ages of 6 and 14. But what was the background to this amendment? My grandfather, a retired school teacher, used to tell me about the struggles of rural India in the 1970s and 1980s. He spoke about how, despite the Right to Education Act of 1967, many children from poor families couldn't afford to go to school. It was a reality that many of us, who have had access to education, take for granted.

The Kothari Commission and its Impact

The Kothari Commission, set up in 1964, was a significant milestone in the journey towards universal education. The commission's report, submitted in 1966, emphasized the importance of education in a democratic society. My papa used to say that the commission's recommendations were revolutionary for their time. One of the key recommendations was that education should be made compulsory and free for all children up to the age of 14. This laid the groundwork for the eventual introduction of Article 21A.

The Right to Education Act, 2009

Fast forward to 2009, when the Right to Education Act was passed. The Act made it mandatory for all states to ensure that all children between the ages of 6 and 14 were provided with free and compulsory education. In the landmark case of Unnikrishnan v. State of Andhra Pradesh, the Supreme Court had held that the state had a positive obligation to provide education to its citizens. My friend, who works with an NGO that provides education to underprivileged children, told me that the Act has had a significant impact on increasing enrollment rates and reducing dropout rates.

Key Points

• The 86th Amendment introduced Article 21A, which guarantees the right to education for children between the ages of 6 and 14.
• The Kothari Commission's report, submitted in 1966, emphasized the importance of education in a democratic society.
• The Right to Education Act, 2009, made it mandatory for all states to ensure that all children between the ages of 6 and 14 were provided with free and compulsory education.
• In the landmark case of Unnikrishnan v. State of Andhra Pradesh, the Supreme Court held that the state had a positive obligation to provide education to its citizens.

The Kishore Chandra Singh Deo Case: A Landmark Judgment

In 2015, the Supreme Court delivered a significant judgment in the case of Kishore Chandra Singh Deo v. State of Odisha. The court held that the Right to Education Act was a fundamental right that could not be taken away by the state.