Right to Education as a Fundamental Right: From Judicial Innovation to Statutory Reality in India
Author(s): Parveen Ahlawat, Sonia
DOI: 10.54660/STMJRD.2026.09.04.01-03
Abstract:
The right to education in India underwent a constitutional metamorphosis from a Directive Principle under Article 45 to an enforceable fundamental right under Article 21A through the 86th Constitutional Amendment, 2002. This paper traces the judicial evolution of this right, examines the Right of Children to Free and Compulsory Education Act, 2009, and critically evaluates the expansion of its scope under the National Education Policy 2020. Using doctrinal analysis of Supreme Court jurisprudence and policy documents, the study argues that while RTE has achieved normative recognition, its implementation remains constrained by structural gaps in early childhood education, quality outcomes, and private school accountability. The paper concludes that NEP 2020 operationalizes Article 21A more comprehensively but requires statutory amendment to extend legal entitlement from 3-18 years.
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How to cite this article:
Ahlawat, P., & Sonia, D. (2026). Right to education as a fundamental right: From judicial innovation to statutory reality in India. The Scholars Time: A Multidisciplinary Journal of Research and Development. 09 (04). 01-03.