93. It is only in furtherance of its commitment to universal elementary education that Parliament enacted the Constitution (Eighty-sixth Amendment) Act, 2002, introducing Article 21A and elevating the right to free and compulsory education for all children aged between 6 and 14 years to the status of a fundamental right.
94. Therefore, at the outset, we must and do recognise that under the RTE Act, our focus is on elementary education which is the foundational building block of a child’s journey of learning, rather than tertiary or higher education. Since independence, Universal Elementary Education and the idea of a common schooling system have stood among the foremost national as well as constitutional goals. We may ask, why does the universalisation of elementary education matter so deeply? The answer is not far to seek. It is at this stage that the seeds of equality, opportunity, and national integration are sown-shaping not only individual futures but the very character of the nation.
95. Elementary education could count as the most crucial stage in the education cycle. It lays the foundation for lifelong learning, cognitive development, and social values. It shapes a child’s ability to think, question, and grow with a strong beginning. The early years of education lay the foundation for a child’s growth and learning, and access to quality elementary education ensures that this foundation is strong and equitable. Therefore, universal elementary education and a common schooling system aim to uphold a shared curriculum and uniform quality standards across both government and private schools, ensuring that every child receives an equal foundation, regardless of where they study. Without universal access, education becomes a privilege rather than a right, accentuating existing inequalities and denying children from disadvantaged backgrounds the opportunity to break the cycle of poverty.
96. Once could say that in India, by the age of 9 or 10, children are already deeply socialized into a fixed set of norms and behaviours shaped by their surroundings and that these patterns are not easily unlearned or altered instantly. It is in the early years, when minds are most receptive and identities still developing, that the foundation for learning and social growth is most effectively established.
97. When every child receives the same minimum standard of elementary education, society moves closer to genuine substantial equality, where one’s start in life does not dictate his/her future potential. Moreover, universal elementary education is the bedrock of a healthy democracy and an empowered citizenry. It equips individuals with the basic skills of reading, writing, and critical thinking, enabling them to participate meaningfully in civic life, understand their rights and responsibilities, and contribute productively to the economy. Countries that have succeeded in achieving universal primary education have consistently demonstrated higher levels of social mobility, public health, and national cohesion.
98. This vision is clearly embedded in the RTE Act. Section 29 mandates that the curriculum and evaluation process for elementary education must be prescribed by an academic authority notified by the appropriate government. The curriculum is to reflect constitutional values and focus on the holistic development of the child-promoting creativity, physical and mental growth, learning through play and exploration, instruction in the child’s mother tongue where possible, and a stress-free, inclusive learning environment with continuous assessment.
99. In view thereof, Article 21A, which guarantees the right to free and compulsory education for all children aged 6 to 14, inherently includes the right to universal elementary education-education that reaches every child, regardless of background. It also embraces the idea of a common schooling system, where children from diverse socio-economic and cultural groups learn together in shared spaces.