Is the Right to Free and Compulsory Education under Article 21A applicable to children of non-citizens (NRIs and OCI holders)?
constitutional ap_lawcet beginner poll_styleThis question has been giving me stress for days. I'm studying for AP LAWCET and my teacher is not clear on this. If non-citizens' children are not covered, is it because of Clause 3(b) of the 86th Amendment Act which defines 'children of citizens of India' or is it a broader interpretation? My understanding is that the purpose of the Article is to ensure that all children, not just citizens, get quality education, but my notes say otherwise. Can anyone here help me out and tell me which interpretation is correct? Is it clause 3(b) that restricts the right to free and compulsory education to children of citizens only or is it a more inclusive approach that applies to all children in India?
2 Comments
Bhai, I'd say Article 21A doesn't discriminate on the basis of nationality. Once you're physically present in India, your child is entitled to free and compulsory education. The Right to Education Act, 2009, clarifies it's not limited to Indian citizens. It's about ensuring access to education for all, including kids of NRIs and OCIs, who're living in India.
Bhai, I strongly disagree. Article 21A only talks about 'children' of India, not 'all children' present in India. The phrase 'children of India' implies citizenship. Hence, even though NRI/OCI kids may be living in India, they're not entitled to free education under Article 21A. We need clearer legislation or a court ruling to clarify this.