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Fundamental Right To Free Primary Education In India A Critical Examination Of Society For Unaided Private Schools Of Rajasthan V. Union Of India, Khagesh Gautam
Khagesh Gautam
In 2002, the Constitution of India was amended and article 21A was inserted into Part III of the Constitution that provides for Fundamental Rights. Article 21A, styled as a positive right, provided for free and compulsory education to all children between the age of 6 and 14 years. To enforce this positive right, the Parliament enacted the Right of Children to Free and Compulsory Education Act of 2009. The Act, amongst other things, provided for horizontal affirmative action by reserving 25% seats in all schools (i.e. State run, State funded or Privately run) in favour of Scheduled Castes, Scheduled Tribes …