Fundamental Right to Education in Indian Constitution

When is education declared a fundamental right?

India became one of 135 countries to make education a fundamental right of every child when the Act came into force on 1 April 2010. The Act makes education a fundamental right of every child between the ages of 6 and 14 and specifies minimum norms in elementary schools.

Does the Act mandate a national curriculum framework?

Yes, under Section 7(6a), the central government has to develop a framework for the national curriculum with the help of academic authorities of state governments. This is significant since the present practice of the NCERT preparing the NCF was of an advisory nature; under the Act, it has become mandatory and shall involve the state governments too.

Which fundamental rights include education?

The right to education at the elementary level has been made one of the Fundamental Rights under Article 21A by the 86th Constitutional amendment of 2002.

What is Article 21A of the 86th amendment of the Constitution?

"21A. The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.".

The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between 6 and 14 in India under Article 21a of the Indian Constitution.

India became one of 135 countries to make education a fundamental right of every child when the Act came into force on 1 April 2010.

The Act makes education a fundamental right of every child between the ages of 6 and 14 and specifies minimum norms in elementary schools. It requires all private schools to reserve 25% of seats for children (to be reimbursed by the state as part of the public-private partnership plan).

Kids are admitted into private schools based on economic status or caste-based reservations. It also prohibits all unrecognised schools from practise, and makes provisions for no donation or capitation fees and no interview of the child or parent for admission. The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education.

There is also a provision for special training of school drop-outs to bring them up to par with students of the same age. The RTE Act requires surveys that will monitor all neighbourhoods, identify children requiring education, and set up facilities for providing it. The World Bank education specialist for India, Sam Carlson, has observed:

"The RTE Act is the first legislation in the world that puts the responsibility of ensuring enrolment, attendance and completion on the Government. It is the parents' responsibility to send the children to schools in the US and other countries."

The Right to Education of persons with disabilities until 18 years of age is laid down under separate legislation - the Persons with Disabilities Act. A number of other provisions regarding the improvement of school infrastructure, teacher-student ratio and faculty are made in the Act. Education in the Indian constitution is a concurrent issue and both centres and states can legislate on the issue.

The Act lays down specific responsibilities for the centre, state and local bodies for its implementation. The states have been clamouring that they lack the financial capacity to deliver the education of appropriate standard in all the schools needed for universal education. Thus it was clear that the central government (which collects most of the revenue) will be required to subsidise the states.

A committee set up to study the fund's requirement and funding initially estimated that INR 1710 billion or 1.71 trillion (US$38.2 billion) across five years was required to implement the Act, and in April 2010 the central government agreed to share the funding for implementing the law in the ratio of 65 to 35 between the centre and the states, and a ratio of 90 to 10 for the north-eastern states.

However, in mid-2010, this figure was upgraded to INR 2310 billion, and the centre agreed to raise its share to 68%.

There is some confusion on this, with other media reports stating that the centre's share of the implementation expenses would now be 70%. At that rate, most states may not need to increase their education budgets substantially. A critical development in 2011 has been the decision taken in principle to extend the right to education till Class X (age 16) and into the preschool age range.

The CABE committee is in the process of looking into the implications of making these changes. The Ministry of HRD set up a high-level, 14-member National Advisory Council (NAC) for implementation of the Act. The members included Kiran Karnik, former president of NASSCOM; Krishna Kumar, former director of the NCERT; Mrinal Miri, former vice-chancellor of North-East Hill University; Yogendra Yadav – social scientist.

India Sajit Krishnan Kutty, Secretary of The Educators Assisting Children's Hopes (TEACH) India; Annie Namala, an activist and head of Centre for Social Equity and Inclusion; and Aboobacker Ahmad, vice-president of Muslim Education Society, Kerala. A report on the status of implementation of the Act was released by the Ministry of Human Resource Development on the one year anniversary of the Act.

The report admits that 8.1 million children in the age group six-14 remain out of school and there’s a shortage of 508,000 teachers country-wide. A shadow report by the RTE Forum representing the leading education networks in the country, however, challenged the findings pointing out that several key legal commitments are falling behind the schedule.

The Supreme Court of India has also intervened to demand the implementation of the Act in the Northeast. It has also provided the legal basis for ensuring pay parity between teachers in government and government-aided schools.

Haryana Government has assigned the duties and responsibilities to Block Elementary Education Officers–cum–Block Resource Coordinators (BEEOs-cum-BRCs) for effective implementation and continuous monitoring of implementation of Right to Education Act in the State.

It has been pointed out that the RTE act is not new. Universal adult franchise in the act was opposed since most of the population was illiterate.

Article 45 in the Constitution of India was set up as an act:

The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

As that deadline was about to be passed many decades ago, the education minister at the time, MC Chagla, memorably said:

"Our Constitution fathers did not intend that we just set up hovels, put students there, give untrained teachers, give them bad textbooks, no playgrounds, and say, we have complied with Article 45 and primary education is expanding... They meant that real education should be given to our children between the ages of 6 and 14"

- (MC Chagla, 1964).

In the 1990s, the World Bank-funded a number of measures to set up schools within easy reach of rural communities. This effort was consolidated in the Sarva Shiksha Abhiyan model in the 1990s. RTE takes the process further and makes the enrolment of children in schools a state prerogative.