The Government of India made a series of policy changes regarding elementary school education in the country in the period 2002--2012. In 2009 the Government made free (and compulsory) education a fundamental right of every child in India between the ages of six and fourteen. The Government also set out the infrastructure provisions that schools were mandated to implement. In doing so, it adopted a rights-based approach to elementary school education. This paper reports on a study of the effectiveness of this approach. It is argued that merely declaring a public service as a citizens' right does not entail either optimal access or optimal implementation. Rather, the paper argues that claiming of rights and implementation requires an enabling environment and it is concluded that societal power bias and social accountability are important factors in creating such an environment. The examples of Kerala and Bihar, respectively the best and worst performing states in India with regard to implementation of the right to education, were used to examine these states' different levels of performance regarding the mandates defined by the Right to Education legislation enacted in 2009.