A.K.SIKRI,J. - (1.) The Statement of Objects and Reasons of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the 'RTE Act') recognises one of the most profound underlying principle contained in the Constitution, viz. the crucial role of universal elementary education for strengthening the social fabric of democracy through provision of equal opportunities to all has been accepted, since inception of our Republic. Other, and equally significant principle that it recognises, is that, in order to ensure equal opportunities to all citizens, it is necessary that elementary education is provided to one and all. Keeping in view this spirit, obligation was imposed upon the State, as per Article 41, read with Article 45, of the Constitution to make effective provisions for securing the right to education, among other. Thus, it is one of the Directive Principles of State Policy enumerated in the Constitution that the State shall provide free and compulsory education to all children. In order to make it a reality, this Court in the case of Unni Krishnan, J.P. & Ors. v. State of Andhra Pradesh & Ors. (1993) 1 SCC 645 stretched the limits of Article 45 by reading right to free education as a fundamental right of children upto the age of 14 years so as to enable the children up to the age of 14 years to receive the education as a matter of right. Law Commission also supported it by making recommendation Report No. 165 of the Law Commission of India to the Parliament to make suitable amendment in the Constitution. Realising its constitutional commitment, the Parliament obliged, and Article 21-A was added vide the Constitution (Eighty Sixth Amendment) Act, 2002 in the following manner: Article 21-A. Right to education. ­ The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine." Simultaneously, Article 45 of the Constitution was also substituted with the following Article: "Article 45. Provision for early childhood care and education to children below the age of six years. ­ The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years."
(2.) Notwithstanding the aforesaid provisions in the Constitution and significant spatial and numerical expansion of elementary schools in the country, goal of universal education continued to allude us. It was found that number of children, particularly children from disadvantaged groups and weaker sections, who drop out of school before completing elementary education, remain very large. It was also noticed that the quality of learning achievement is not always entirely satisfactory even in the case of children who complete elementary education. Having regard to the aforesaid harsh realities, the Parliament enacted the RTE Act with following objects in mind: "(a) that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards; (b) 'compulsory education' casts an obligation on the appropriate Government to provide and ensure admission, attendance and completion of elementary education; (c) 'free education' means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education; (d) the duties and responsibilities of the appropriate Government, local authorities, parents, schools and teachers in providing free and compulsory education; and (e) a system for protection of the right of children and a decentralized grievance redressal mechanism."
(3.) It hardly needs to be emphasized that for turning the provision of every child to have free and compulsory education into reality, not only sufficient number of schools are required with all necessary facilities and infrastructure, adequate and qualified teaching staff shall also be needed to fulfill this noble purpose. It is for this reason that apart from other provisions in the RTE Act, provisions like Sections 23 to 27 are inserted in the said Act to cater this requirement.;