The Act is the enabling legislation to notify the 86th Constitutional Amendment passed by Parliament in December 2002 that specified the need for a legislation to describe the mode of implementation of education as a fundamental right. This necessitated the drafting of a separate Education Bill. The rough draft of the bill was composed in year 2005. It received much opposition due to its mandatory provision to provide 25 per cent reservation for disadvantaged children in private schools.
The sub-committee of the Central Advisory Board of Education which prepared the draft Bill held this provision as a significant prerequisite for creating a democratic and egalitarian society. The Indian Law Commission had initially proposed 50 per cent reservation for disadvantaged students in private schools.
After the bill was approved by the Cabinet on 2 July 2009, the Rajya Sabha and the Lok Sabha passed the bill on 20 July 2009 and 4 August 2009 respectively. It was notified as law on 3 Sept 2009 as The Children's Right to Free and Compulsory Education Act after it received Presidential assent. The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010 through a speech by the Prime Minister. It was the first time in the history of India that a law was brought into force by a speech by the Prime Minister.
In his speech, Prime Minister Man Mohan Singh, stated: "We are committed to ensuring that all children, irrespective of gender and social category, have access to education. (We are committed to) an education that enables