Right To Education (RTE) Act, 2009 | Right To Education Bill 2009

The law puts to work a constitutional amendment of 2002 that made education a fundamental right.

Fali Nariman, the famous jurist who argued the landmark ‘basic structure’ of the Constitution case, points out that the amendment took away more from the children than it gave to them.

Nariman says the Supreme Court in its various judgements clearly laid out the ‘right to education’ for every child till the age of 14.

However, the amendment and the Act enforcing it only covers children between 6 to 14 years of age.

Also the ‘right to education’ is further qualified as the government may decide the manner in which this education is provided.

Moreover in guaranteeing the right to education the constitutional amendment and the Act also (by adding to the list of fundamental duties) made it obligatory on parents to ensure opportunities for education for their children.

The Prime Minister Shri Manmohan Singh has emphasized that it is important for the country that if we nurture our children and young people with the right education, India’s future as a strong and prosperous country is secure.

All private schools shall be required to enroll children from weaker sections and disadvantaged communities in their incoming class to the extent of 25% of their enrolment, by simple random selection. No seats in this quota can be left vacant. These children will be treated on par with all the other children in the school and subsidized by the State at the rate of average per learner costs in the government schools (unless the per learner costs in the private school are lower).

All schools will have to prescribe to norms and standards laid out in the Act and no school that does not fulfill these standards within 3 years will be allowed to function. All private schools will have to apply for recognition, failing which they will be penalized to the tune of Rs 1 lakh and if they still continue to function will be liable to pay Rs 10,000 per day as fine. Norms and standards of teacher qualification and training are also being laid down by an Academic Authority. Teachers in all schools will have to subscribe to these norms within 5 years.

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Right To Education Rules