The Right to Education in India
The Importance of Enforceability of a Fundamental Right

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question barely received any attention. The book identifies justiciability—or, more broadly, enforceability—as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the State; otherwise, it would remain a ‘right’ only on paper.

The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability remains unfulfilled. It deals

with the possible alternative means the State may provide for the poor to claim the benefits under Article 21A, and identifies the grievance-redress mechanism created by the ‘Right of Children to Free and Compulsory Education Act, 2009’ as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.

About the Author

Florian Matthey-Prakash worked extensively on Indian constitutional law as a researcher at the University of Giessen, Hesse, Germany. He now works as a judge in Germany.

List of Abbreviations

Acknowledgments

Introduction

1. History and the Current State of Elementary Education in India

2. From a Directive Principle to a Fundamental Right

3. Article 21A: Clues for Its Content in International Law and Socio-Economic Rights Adjudication in India

4. Enforcing Rights against the State in India: The Problem of Access to Justice

5. The Grievance Redress System under the Right to Education Act

6. Grievance Redress and the Judiciary: Enforcing the Right to Education through ‘Macro management and Micromanagement’

Conclusion and Outlook

Bibliography

Index

About the Author