This paper traces the location of the principles of India's Right of Children to Free and Compulsory Education (RTE) Act, 2009, in the country's most recent National Education Policy (NEP) 2020, and the documents leading up to the policy. It draws on the capability development approach and critical theory that facilitate understanding education as a fundamental right, moving beyond the narrow understanding of education as a mere instrument for the global economy. It also draws on global education policy literature and critical policy analysis lens to examine the assumed policy rationality. Based on a qualitative document analysis the paper argues that the policy does not demonstrate a commitment to the ideas of public-funded elementary education, child-centered democratic learning environment, and bridging the gap between equity and quality. The recommendations signal a further dilution of the RTE mandates. The policy statements and linguistic choices show an allegiance to neoliberal discourses reflecting the influence of global education policy transfer without systematic consideration of the realities of Indian school education. This approach indicates a missing link between the policy aims and social justice, that does not bode well on the educational rights of the marginalised children.