A Critique of Right to Education in India


  • Mubashir Ahmad Malik Doctoral Fellow, School of Law and Legal Studies, GGS Indraprastha University, Dwarka, New Delhi- 110078. Assistant Professor, University of Kashmir, Srinagar, J&K, India 1900006.
  • M. Afzal Wani Dean, School of Law and Legal studies, GGSIP University, Dwarka Delh


Criticism of Right to Education, Constitutional 86th Amendment, Fundamental Right to Education, Free and Compulsory Education.


The judicial efforts at national level along with the pressure built by International community at Jometien Conference and afterwards finally led to the Constitutional Amendment in 2002 to ensure 8 years of basic schooling as a fundamental right in India. The amendment needed enabling legislation to be effective, the enactment of which was not smooth but had a long chequered history, depicting official apathy. The historic legislation was ultimately enacted in 2009 but its criticism outnumbered its main features. The paper submits the critical appraisal of the legislation which most of the critiques have neglected.



Austin, G., The Indian Constitution – Cornerstone of a Nation, Oxford University Press, New Delhi, 2007.

Government of India, “Report of the Committee For Review of National Policy on Education 1986â€, 1990. Available online at: http://www.teindia.nic.in/Files/Reports/CCR/Ramamurti-committee-report.pdf Accessed on 10-02-2013.

Government of India, “Report of the Committee of State Education Ministers on Implementation of the Proposal to Make Elementary Education a Fundamental Rightâ€, Ministry of Human Resource Development, Department of Education (Chairman: Muhi Ram Saikia). Online available at http://www.doccentre.org/docsweb/Education/Scanned_material/New-Folder/fre2.seminar98.646.pdf Accessed on 13-12-13.

Government of India, “The Right of Children to Free and Compulsory Education Act, 2009â€, 2009. Available online at: http://eoc.du.ac.in/RTE%20-%20notified.pdf. Accessed on 12-12-13.

Government of India, National Curriculum Framework (NFC), National Council of Education Research and Training, New Delhi, 2005. Available online athttp://www.ncert.nic.in/rightside/links/pdf/framework/english/nf2005.pdf Accessed on 15-12-13.

Holt, J., How Children Fail, Pitman Press, New York, 1964.

Juneja, N., “Constitutional Amendment to Make Education a Fundamental Right, Issues for a Follow-up Legislationâ€, Occasional Paper, National Institute of Education Planning and Administration, New Delhi, 2003.

Online available on http://www.nuepa.org/Download/Publications/Occasional%20Paper%20No.%2035.pdf

Kashyap, S. C., The Framing of India’s Constitution: A Study, Vol. 5, Universal Law Publishing Co. Pvt. Ltd., New Delhi, 2010.

Prakasam G, et al., “Campaign for the Right to Educationâ€, Advocacy Update, No. 17, National Centre for Advocacy Studies, Maharashtra, 2002. Available on line at http://el.doccentre.info/eldoc/n00_/campaign_right_education.pdf Accessed on 29-01-14.

Resnick, M., “Rethinking Learning in the Digital Ageâ€, in The Global Information Technology Report: Readiness for the Networked World, edited by G. Kirkman, Oxford University Press, Oxford, 2002.

Senge, P. M. et al., Schools That Learn: A Fifth Discipline Field Book for Educators, Parents, and Everyone Who Cares About Education, Crown Publishing Group, New York, 2012.

Vakil, K. S. and Natrajan, Education in India, Calcutta, 1966.

Wiener, M., The Child and the State in India: Child Labour and Education Policy in Comparative Perspective, Princeton University Press, Princeton, 1991.




How to Cite

Malik, M. A., & Wani, M. A. (2014). A Critique of Right to Education in India. Asian Journal of Education and E-Learning, 2(4). Retrieved from https://ajouronline.com/index.php/AJEEL/article/view/1406