Article 45 envisages states to provide free and compulsory education. It was not implemented properly. Hence, through 86th constitutional amendment it is made compulsory.

The Parliament of India passed the 86th constitutional amendment act in 2002. Accordingly 21A is inserted in the constitution which aimed at making right to education a fundamental right for children between 6 to 14 years of age.

Provisions of 86th Amendment

1. “Compulsory Education” means obligation of the government to provide free elementary education and ensure compulsory admission and attendance and completion of education to every child in the age group of 6 to 14.
2. It is compulsory duty of parents and guardians to send the children to schools.
3. The schools must have minimum facilities such as adequate pupil-teacher ratio, trained teachers, infrastructure and playgrounds.
4. The Central Government and State Government bear the expenditure on the basis of agreed formula (in 2013 it was in the ratio of 65:35).
5. The school management committee or the local authority should identify the dropouts or out of school children and admit them in classes appropriate to their age. Before admission they have to be given special training.

As per Section 12(1) C of the RTE Act, private aided and non-minority unaided schools must reserve 25% of seats for children belonging to Backward Classes and disadvantages groups in neighborhood areas. (7.5 percent seats are for children belonging to SC community, 1.5 percent for ST category and 16 percent for OBC).

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