Question

Right to Education is a fundamental right emanating from right to ___________.
A. freedom of speech and expression under Article 19 1 (A)
B. culture and education under Article 29 and 30
C. freedom under Article 21 A
D. equality before the law and equal protection of the law under Article 14

Answer 1

Hint: The Right to Education serves as a building block for any nation’s development. It ensures that children irrespective of their background, social, political or economical, have the right to get quality elementary education.

Complete answer: Right to Education Act (RTE) deals with providing free and compulsory education to children. It is a fundamental right under Article 21-A. It was, at one point, enshrined in Part IV of the Indian Constitution. Article 45 and Article 39 (f) of DPSP, included provisions for impartial and accessible education for children which will be state-funded. The Ramamurti Committee Report which came in 1990 was the first-ever official document on the Right to Education. It was only in 1993, that the Supreme Court recognized it as a fundamental right. The landmark judgment of the Unnikrishnan JP vs State of Andhra Pradesh & Others case regarded that education is a fundamental right that flows from Article 21. After this judgement, Tapas Majumdar Committee was set up in 1999. It incorporated the insertion of Article 21A. Hence, in 2002, by the 86th amendment to the Indian constitution, the Right to Education was recognised as a fundamental right in part-III of the Constitution. It also inserted Article 21A which made Right to Education fundamental with respect to children between 6-14 years.
So, the correct answer is option C.

Note: The Right to Education Bill 2008 was passed after the amendment and finally Right to Education Act 2009 was brought in. This act mandates 25% reservation for socially disadvantaged sections of the society including SCs, STs, other backward class and the Differently abled.