DOI: https://doi.org/10.63345/ijrhs.net.v13.i2.8
Anshika Agarwal1 & Dr Vijay Kumar Singh2
1Research Scholar
Maharaja Agrasen Himalayan Garhwal University
Uttarakhand, India
2Research Supervisor
Maharaja Agrasen Himalayan Garhwal University
Uttarakhand, India
Abstract
The 86th Amendment to the Constitution of India, enacted in 2002, marked a transformative step toward realizing the right to education as a fundamental entitlement for all children aged 6 to 14. By incorporating Article 21-A and amending Articles 45 and 51A, the amendment mandated free and compulsory education and imposed explicit duties upon both the State and citizens. This manuscript examines the socio-legal landscape before and after the amendment, exploring its impact on educational access, policy frameworks, and the evolving jurisprudence of the right to education. Through a detailed literature review, an analysis of key Supreme Court judgments, and a critical evaluation of implementation mechanisms, the study seeks to uncover the successes, limitations, and persistent gaps in enforcing this constitutional right. It further interrogates the role of the judiciary in upholding educational entitlements and identifies challenges posed by infrastructural deficits, socio-economic disparities, and policy execution. The findings highlight both the amendment’s catalytic role in legislative reforms, such as the Right of Children to Free and Compulsory Education Act, 2009, and the ongoing need for judicial vigilance, stakeholder engagement, and systemic innovation to achieve the constitutional vision of universal, quality education. The study concludes with recommendations for bridging gaps in implementation and enhancing judicial enforcement for a more inclusive educational landscape.
Keywords
86th Amendment, Right to Education, Article 21-A, Judicial Enforcement, Indian Constitution, Free and Compulsory Education, Supreme Court, RTE Act 2009, Fundamental Rights, Educational Policy
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