The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) is an Act of the Parliament of India that describes the modalities of free and compulsory education for children aged 6 to 14 years. The Act came into force on April 1, 2010, making India one of 135 countries to recognize education as a fundamental right. The origin of the RTE Act is rooted in the Constitution, which initially placed free and compulsory education for children below 14 years under Article 45 as a non-binding Directive Principle of State Policy. The problem it solved was transforming this policy objective into an enforceable right, which was achieved through the 86th Constitutional Amendment Act, 2002. This amendment inserted Article 21-A into the Constitution, making the right to education a fundamental right.
The Act operationalizes this right by placing a legal obligation on the government to ensure admission, attendance, and completion of elementary education for every child in the specified age group. Key provisions include Section 12(1)(c), which mandates that all private unaided schools reserve 25% of their entry-level seats for children from economically weaker sections and disadvantaged groups. The Act also prohibits the charging of capitation fees, screening procedures for admission, and the practice of holding back or expelling a child until the completion of elementary education. It also specifies minimum norms for schools, including Pupil-Teacher Ratios (PTRs) and infrastructure.
The RTE Act is closely connected to the 86th Constitutional Amendment Act, 2002, which inserted Article 21-A and also amended Article 45 to focus on early childhood care and education for children below six years. It also connects to the Supreme Court's ruling in Unnikrishnan vs. State of Andhra Pradesh (1993), which held that the right to education is a fundamental right derived from Article 21 (Right to Life).
The Act has seen significant changes, notably the reversal of the "No Detention Policy". The Right of Children to Free and Compulsory Education (Amendment) Act, 2019 (based on the 2017 Bill) removed the mandatory no-detention clause, allowing states to hold regular examinations in Class 5 and Class 8 and detain a child if they fail a re-examination. This amendment replaced the earlier provision that prohibited detention until the completion of elementary education. The core provision of free and compulsory education for children aged 6 to 14 years under Article 21-A remains the same.