Question 44 of 52 · Fundamental Rights
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SSC

The Right of Children to Free and Compulsory Education (RTE) Act was enacted by Parliament on:

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Answer: Option C — 4 August 2009

Detailed Solution

The Right of Children to Free and Compulsory Education Act was passed by Parliament on 4 August 2009, received the President's assent later that month, and came into force on 1 April 2010.

Constitutional background:

  • The 86th Constitutional Amendment Act, 2002 inserted Article 21A, which makes free and compulsory education for children aged 6 to 14 years a Fundamental Right.
  • It also changed Article 45, a Directive Principle, to focus on early childhood care and education for children below 6 years.
  • It added a Fundamental Duty in Article 51A(k), requiring parents and guardians to provide opportunities for education to their children aged 6 to 14.
  • The RTE Act was passed to give effect to Article 21A.

Main provisions of the RTE Act:

  • Every child aged 6 to 14 has the right to free and compulsory education in a neighbourhood school until the completion of elementary education (Class 1 to 8).
  • Private unaided schools must reserve 25 per cent of seats in the entry class for children from disadvantaged groups and weaker sections, with the government reimbursing costs.
  • No child can be held back or expelled until the completion of elementary education; this "no detention" policy was later modified by an amendment in 2019.
  • It sets norms for pupil-teacher ratios, buildings, infrastructure, school working days and teacher working hours.
  • It prohibits physical punishment and mental harassment of children.
  • It requires School Management Committees, with parents as members.

Judicial view:

  • In the Society for Unaided Private Schools of Rajasthan case (2012), the Supreme Court upheld the 25 per cent quota for private unaided schools.
  • In the Pramati Educational Trust case (2014), it exempted minority institutions from the Act.

Why not the other options?

  • ✗1 April 2010 is when the Act came into force.
  • ✗12 December 2002 is related to the 86th Amendment.
  • ✗26 January 2008 does not match.

Quick tip

Remember: RTE Act = enacted in August 2009, in force from 1 April 2010; Article 21A added by the 86th Amendment (2002).

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Fundamental Rights — Preparation

This question tests your understanding of Fundamental Rights, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

Fundamental Rights are listed in Part III of the Constitution (Articles 12-35). This topic covers the six Fundamental Rights (equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies), the five writs, and the landmark cases that shaped these rights. Questions usually ask which article guarantees a right (Article 21 for life and personal liberty, Article 17 for abolition of untouchability), which writ serves which purpose, and why the right to property is no longer a Fundamental Right (it was removed by the 44th Amendment in 1978). B. R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. Practise the Fundamental Rights questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.