ABSTRACT
The Right of Children to Free and Compulsory Education Act (RTE), 2009 is supposed to be a reference point and all issues and policy matters pertaining to education should be seen in the light of this statute. Internationally, the recognition of right to education and provision of free and compulsory primary education has been justified by economic arguments wherein economic and social benefits that education is instrumental in generating, is held important by human rights and ethical arguments. Whether right to education would be achieved through principle of equality or through the principle of efficiency or rather how would the government negotiate between these two competing principles, remains a moot question. In Mohini Jain versus State of Karnataka, the Supreme Court held that education is fundamental right without restricting it to a particular age group. To conclude, RTE has only legislated upon a constricted vision of education within constraints of federal dynamics, financial deficits, and political compulsions towards incrementalism.
