Judicial Recognition of the Right to Education in India: RTE Act, 2009 and Beyond

Abstract

The recognition of education as a fundamental right in India reflects a constitutional and judicial evolution shaped by socio-economic demands and international influence. Initially placed in the Directive Principles of State Policy, the right to education gradually gained enforceability through judicial activism beginning with Mohini Jain v. State of Karnataka (1992) and Unni Krishnan v. State of Andhra Pradesh (1993). The 86th Constitutional Amendment (2002) institutionalized this right through Article 21-A, which was later operationalized by the Right of Children to Free and Compulsory Education Act, 2009. Globalization further expanded the importance of education, linking it to human development, equality, and global competitiveness. Recent judgments of the Supreme Court and High Courts have broadened its scope to include infrastructure, digital access, and inclusivity. This paper critically examines the judicial, legislative, and global dimensions of the right to education in India, highlighting its transformation into a holistic tool of social justice.