The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) is a landmark legislation enacted by the Parliament of India, which serves as a statutory law to enforce a fundamental right. Its origin lies in the 86th Constitutional Amendment Act, 2002, which inserted Article 21A into the Constitution, making the right to free and compulsory education for children aged 6 to 14 years a Fundamental Right. The Act was enacted on August 4, 2009, and came into force on April 1, 2010, providing the legal framework to operationalize this constitutional promise, which was previously a non-enforceable Directive Principle (Article 45).
The Act works by casting a legal obligation on the government to ensure admission, attendance, and completion of elementary education for every child in the 6-14 age group. Key provisions include the prohibition of capitation fees and screening procedures for admission. Crucially, Section 12(1)(c) mandates that all private unaided schools reserve at least 25% of their entry-level seats for children from Economically Weaker Sections (EWS) and disadvantaged groups. The Act also sets minimum norms and standards for schools, including Pupil-Teacher Ratios and infrastructure.
A significant change occurred with the Amendment Act 2019, which abolished the original No Detention Policy (where no child could be held back until Class 8), allowing state governments to reintroduce detention in certain classes. The Act is closely connected to the Supreme Court's 1993 ruling in Unnikrishnan vs. State of Andhra Pradesh, which first derived the right to education from Article 21 (Right to Life).