Constitution of State Advisory Council
Section 34 of the Right of Children to Free and Compulsory Education Act, 2009 deals with constitution of State Advisory Council. The State Government shall constitute, by notification, a State Advisory Council consisting of such number of Members, not exceeding fifteen, as the State Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary educatio The Act came into force on 01 Apr 2010.
(1) The State Government shall constitute, by notification, a State Advisory Council consisting of such number of Members, not exceeding fifteen, as the State Government may deem necessary, to be appointed from amongst persons having knowledge and practical experience in the field of elementary education and child development.
(2) The functions of the State Advisory council shall be to advise the State Government on implementation of the provisions of the Act in an effective manner.
(3) The allowances and other terms and conditions of appointment of Members of the State Advisory Council shall be such as may be prescribed.
Section 34, The Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Society for Un-aided P. School of Raj vs U. O. I
Court's Decision & Legal Precedent
The majority held that the Right of Children to Free and Compulsory Education Act 2009 is constitutionally valid and applies to: (i) government schools; (ii) aided schools including aided minority schools; (iii) schools belonging to specified categories; and (iv) unaided non-minority schools. However, Section 12(1)(c) mandating 25% reservation and Section 18(3) regarding transfer of de-recognized students infringe the fundamental freedom guaranteed to unaided minority schools under Article 30(1) of the Constitution and therefore do not apply to such schools. For unaided non-minority schools, Section 12(1)(c) imposing 25% reservation is a reasonable restriction under Article 19(6) because: (1) education is a charitable activity in nature; (2) removing financial barriers that prevent children from accessing education is in the interest of general public; (3) T.M.A. Pai Foundation recognized that States may require unaided institutions to admit small percentage of weaker sections through conditions of recognition; (4) Section 12(2) provides reimbursement; (5) the provision balances the right to establish educational institutions under Article 19(1)(g) with the right of children to education under Article 21A; and (6) the context of elementary education for strengthening social fabric of democracy differs from professional education. The Act is applied prospectively from academic year 2012-13 with principle of severability preserving applicability to other categories of schools.
On this section: State Advisory Council constitution and government power to issue guidelines - used for implementation clarifications and Madrasa/Vedic Pathshala exemptions
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
2 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 34
What have the courts held on Section 34 of the Right of Children to Free and Compulsory Education Act?
Society for Un-aided P. School of Raj vs U. O. I (12 Apr 2012) is the leading judgment on this section among those set out below: State Advisory Council constitution and government power to issue guidelines - used for implementation clarifications and Madrasa/Vedic Pathshala exemptions.
How do I find court cases under Section 34 of the Right of Children to Free and Compulsory Education Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTE Act 34, section 34 RTE Act, section 34 of the Right of Children to Free and Compulsory Education Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Society for Un-aided P. School of Raj vs U. O. I (12 Apr 2012).
What should I read with Section 34 of the Right of Children to Free and Compulsory Education Act, and has it changed?
1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there are 2: most recently Re-constitution of State Advisory Council (2018), then Constitution of State Advisory Council (Amendments) (2017).
When did Section 34 of the Right of Children to Free and Compulsory Education Act come into force?
Section 34 of the Right of Children to Free and Compulsory Education Act, cited as RTE Act 34, came into force on 01 Apr 2010, having been enacted on 26 Aug 2009. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.