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RIGHT TO EDUCATION INCLUDES RIGHT TO QUALITY LEARNING

The right to Education is much more than making certain that children are admitted to school. It also guarantees that every child receives education in an acceptable manner and proper

The right to Education is much more than making certain that children are admitted to school. It also guarantees that every child receives education in an acceptable manner and proper quality. After the 86th Constitutional Amendment, Article 21A made education a fundamental right, and the RTE Act 2009 gave it practical shape by laying down basic requirements for schools.[1] These include adequate environment or infrastructure, trained teachers, and an inclusive, supportive atmosphere for all students. The focus is not only on attendance but on practical, real learning, so that children gain the knowledge, skills, and confidence needed for their overall growth in life.[2]

RIGHT TO EDUCATION ACT (RTE)

The Right of Children to Free and Compulsory Education Act, referred to as the RTE Act, was passed by the Indian Parliament on August 4, 2009. It tells how free and compulsory education should be provided to all children in the 6- to 14-year age group under Article 21A of the Constitution.

The law assigned responsibilities to the states to ensure that every child in this age group has access to schooling and that schools meet certain essential standards, which signify quality education for all. It also requires private schools to maintain 25% of their seats for children from poor or disadvantaged backgrounds, with the government reimbursing these costs.[3] Admissions to private schools under this quota must be based on financial or social criteria, and the Act bans unrecognised schools, extra or often illegal fees, and admission interviews.

The RTE Act further states that no child should be failed, expelled, or asked to sit for board examinations until they finish elementary school.[4]. It also provides for bridge courses or special training to help children who have dropped out return to school and reach the academic level of their peers.[5]

QUALITY EDUCATION: KEY TO A BETTER FUTURE

As per UNICEF reports, poor quality schooling in India is resulting in weak learning levels, causing many children to detach from education and leading them to risks such as child labour, exploitation and abuse. Classrooms in many parts of the country still rely heavily on rote teaching methods and, in many cases, practices like corporal punishment like violence, abuse or punitive punishment, etc. and discriminatory behaviour continue.

Many studies have repeatedly shown that a significant number of children who do go to school, and are still unable to master basic reading and arithmetic skills, nor are they gaining the further knowledge and abilities that are needed for their overall growth, as aimed under the Right to Education Act.

A great amount of work is still required to create learning spaces that are truly student-friendly places where classrooms are inclusive, and supported by better facilities like clean drinking water, proper sanitation, hygiene and effective mid-day meal systems.

Every child in India has a fundamental right to good-quality education, one that builds foundational literacy and numeracy, encourages fair and fear-free learning, and ensures that all students feel respected and are included regardless of their background.[6]

CHALLENGES OF QUALITY EDUCATION

  • Access and Affordability: Affordable education is still out of reach for many, especially those from poor households. As noted by the Financial Express, poverty and social inequality continue to widen the gap between basic literacy and actual educational progress.
  • Social and Cultural Barriers: Social norms and economic pressure often restrict schooling for children in rural communities. Child labour remains common in low-income families, leading to irregular attendance and early dropout from school.[7]
  • Quality Education: High competition, limited seats, and financial incapacity make it difficult for many students to access quality education. Weak infrastructure and insufficient digital learning facilities also affect the learning environment of the students.
  • Language Barriers: Students from non-English backgrounds often face learning difficulties or discrimination. Inadequate scholarships and financial aid restrict higher education opportunities.
  • Shortage of Teachers: India also faces a major shortage of properly trained teachers in schools to meet the demands of its growing student population in India.[8]. In 2021, the National Council for Teacher Education (NCTE), a statutory body of the Government of India, highlighted a significant shortage of teachers in the country. It noted that nearly 1.5 million additional teachers are needed to cater to the expanding student population, particularly due to the rise in school enrolment after the enforcement of the Right to Education Act, 2009.[9]

MEASURES TO IMPROVE QUALITY EDUCATION IN INDIA

  • Better Funding and Resources: Schools need stronger financial support to build stronger infrastructures like buildings, classrooms, libraries, labs, and digital infrastructure etc. Reliable internet and modern learning tools should be made available to all students.
  • Teacher Training: Teachers should receive proper training that strengthens both subject knowledge and teaching skills.
  • Modern Curriculum: The curriculum must be changed to include practical skills, digital literacy, environmental awareness, and global perspectives while staying relevant to local needs and changing times.
  • Student-Centred and Inclusive Learning: Teaching should focus on students’ individual needs through project-based tasks, teamwork, and critical thinking activities. Schools must also ensure inclusive education for children with disabilities or special needs.
  • Effective Use of Technology: Technology that supports classroom learning through e-learning tools, educational apps, and online resources that broaden students’ learning capabilities.
  • Strengthening Early Childhood Education: Quality pre-school programmes are important, as early learning builds the foundation for future academic progress.
  • Community and Parent Participation: Parents and local communities should be involved through Parent-Teacher Association, community projects, and regular feedback systems that help improve school functioning.
  • Regular Assessments: Frequent assessments help track student learning and evaluate teaching practices.
  • Comprehensive Education: Schools should focus on overall development by encouraging sports, arts, cultural activities, and social-emotional learning alongside academics.
  • Policy and Governance Improvements: Strong leadership and clear education policies are necessary to implement changes effectively and ensure responsibility at all levels.
  • International Collaboration: Partnerships with global organisations and exchange programmes can introduce new ideas, teaching techniques, and educational resources[10]
  • Equity and Access: Support systems such as scholarships are important to ensure every child, regardless of background, can access quality education.[11]

TAMIL NADU EDUCATION CASE

The Supreme Court in State of Tamil Nadu v K Shyam Sunder in 2011 held that the Right to Education also means a right to equal and quality learning for all children. Tamil Nadu had introduced a common school system to remove differences between different boards, but later tried to delay it through a 2011 amendment. The Court nullified this move, mentioning that the delay was arbitrary, it violated equality under Article 14, and attempted to undo earlier judicial directions. The state was ordered to implement the uniform syllabus immediately and ensure the timely distribution of textbooks. The decision confirmed that governments cannot disobey court orders and that educational reforms aimed at fairness and quality must be carried out without unjustified delays.[12]

CONCLUSION

The Right to Education in India carries very little meaning unless it guarantees real or practical learning for every child. Children must receive teaching, resources, and support that help them grow with confidence and equality. Courts and policies have repeatedly mentioned that quality is a core part of this right, not an added benefit to it. Strengthening classrooms, empowering teachers, and creating fair learning environments must remain central. When every child receives education that is both equal and effective way, the constitutional promise of the Right to Education is truly fulfilled.

Author(s) Name: Soumali Majumdar (Heritage Law College)

References:

[1] The Constitution of India, Article 21(A)

[2]‘Right to Education’ Department of School Education and Literacy (14 July 2021) < https://dsel.education.gov.in/en/rte> Accessed on 7 December 2025

[3] Right to Education Act, section 12(1) (c)

[4] Right to Education Act 2009, section 16

[5] Right To Education, ‘About’ Right To Education< https://righttoeducation.in/know-your-rte/about >Accessed on 7 December 2025

[6] UNICEF India ‘Quality Education’ UNICEF India < https://www.unicef.org/india/what-we-do/quality-education > Accessed on 7 December 2025

[7] The Constitution of India, Article 26

[8] TCS iON MARKETING Team, ‘Quality  Education in India: Defining Standards and Bridging Gaps’ TCS iON (11 June 2024 )<  https://www.tcsion.com/blog/Quality-Education-in-India-Defining-Standards-and-Bridging-Gaps/ > accessed on 8 December 2025

[9] Shortage of Teachers in India: Implications for Quality of Education, Education for All in India (2024) https://educationforallinindia.com/shortage-of-teachers-in-india-implications-for-quality-of-education/ accessed 13 January 2026

[10] Issues & challenges that the Indian education system is currently facing’ Education for all in India

< https://educationforallinindia.com/issues-challenges-indian-education-system-is-facing/ > Accessed on 8 December 2025

[11] Right to Education Act, Article 21- A

[12] State of Tamil Nadu & Ors v K. Shyam Sunder & Ors Supreme Court of India, Civil Appeal Nos 6015–6027 of 2011 (9 August 2011) AIR 2011 SC 3470, 2011 (8) SCC 737 https://indiankanoon.org/doc/48937/ accessed on 9 December 2025