Education in the context of Indian polity is a fundamental concept and a legally enforceable provision. Its modern legal foundation was established by the 86th Constitutional Amendment Act of 2002, which inserted Article 21A into the Constitution, making the right to free and compulsory education for all children between the ages of six and fourteen years a Fundamental Right. This amendment was a response to the failure to achieve the goal set by the original Article 45 (a Directive Principle of State Policy), which had aimed to provide free and compulsory education for all children up to the age of fourteen within ten years of the Constitution's commencement. The problem it solved was the lack of legal enforceability for the right to elementary education.
The mechanism for implementing Article 21A is the Right of Children to Free and Compulsory Education (RTE) Act, 2009, which came into effect on April 1, 2010. The Act mandates that the appropriate government must ensure admission, attendance, and completion of elementary education for every child in the 6-14 age group. A key provision is Section 12(1)(c), which requires all private unaided schools to reserve at least 25% of seats at the entry level for children from Economically Weaker Sections (EWS) and disadvantaged groups, promoting social inclusion. The Act also prohibits screening procedures for admission, capitation fees, and physical or mental harassment.
The concept connects to several constitutional provisions: the original Article 45 was substituted to focus on early childhood care and education for children below six years. Furthermore, the 86th Amendment added Article 51A(k), making it a Fundamental Duty for parents or guardians to provide educational opportunities to their child or ward between six and fourteen years. Historically, the subject of Education was moved from the State List to the Concurrent List by the 42nd Constitutional Amendment Act of 1976, allowing both the Centre and States to legislate on it. A recent change is the modification of the "No Detention Policy" (originally prohibiting detention until Class 8) by an amendment in 2019 to allow for examinations in Classes 5 and 8.