TOPIC: Changing dimension of right to education from DPSP to

fundamental right

CONSTITUTION

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 Table of Content

1. Introduction

- 1946: Constituent assembly begins task towards right to education

- The Kher Committee, 1948
- 1949 (Nov.) Debate in Constituent Assembly Removes the First Line of ‘Article 36’

2. Universal Declaration of Human Rights

- Article 26

3. All-India Council of Elementary Education (AICEE), 1957

4. The 31st CABE Meeting
5. National Policy on Education (NPE), 1968
6. National Policy for Children, 1974
7. Shifting Education from State List to Concurrent List, 1976
8. National Education Policy, 1979
9. The 73th and 74th Constitutional Amendment Acts, 1992
10. 1992: Convention on the Rights of the Child.
11.Judicial Review
- Mohini Jain versus State of Karnataka Case (1992)
- Unnikrishnan versus State of Andhra Pradesh Case, 1993
12. 1997, Report of the Sakia Committee
13.Constitution (83rd) Amendment Bill, 1997
14. The 93rd Constitution Amendment Bill
15. Sarva Siksha Abhiyan (SSA), 2001
15. The Constitution (86th Amendment) Act, 2002
16. The Free and Compulsory Education for Children Bill, 2003 (Process of Drafting)
17. The Free and Compulsory Education Bill, 2004
18. Right to Education Bill (CABE Bill), 2005
19. The Constitution (93rd) Amendment Bill, 2006
20. Sachar Committee Report, 2006
21. The Right of Children to Free and Compulsory Education Bill, 2008
22. 2009:Right of Children to Free and Compulsory Education Act.
23. Conclusion

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 Abstract

It is said to be an education transforms lives or in the words of Nelson Mandela “Education is

the most powerful key which you can use to change the world”. After the independence India
was deeply in need of proper education system and policy. So government formed many
committies and commission like Sakia committee, Kher committee, Sachar Committee to look
after the problems related to education in the country and adopted all the guidelines given by
them then shifted right to education from Directive Principle of State Policy to Fundamental
Right then after few years in 2009 Right to Education Act was passed in the Parliament giving
right to all the children between 6 to 14 years free and compulsory education. Also act says that
there should be no capitation fee in the school in the name of the compulsory education.

Research Methodology

This paper depends upon strategy for study and research and dependent on the gathering and
investigation of information.

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6
7
 Introduction

1946: Constituent assembly begins task towards right to education

After independence India wanted immediate reforms in education system that was necessary for
social amendment and national upliftement. Many committees were required to review the
academic problems and build tips so as to regulate it to the ever-changing wants, aspiration of
the folks, structure, and strategy of education. Free India wants effective Constitution to produce
free education to the folks of India. Finally a replacement constitution for gratis India became
effective from twenty sixth Jan 1950. A number of the articles within the constitution touch
upon.

After independence India need immediate reforms in education system which was important for
social change and national upliftement. Several committees were needed to review the
educational issues and make guidelines in order to adjust it to the changing needs, aspiration of
the people, structure, and strategy of education. Free India needs effective Constitution to
provide free education to the people of India. Finally a new constitution for free India became
effective from 26th January 1950. Some of the articles in the constitution deal with.

1. Free and compulsory primary education in the country – Article 45 1 of the Indian Constitution
explain that 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.

2. Equality of Opportunity in Educational Institutions – Article 292 and 303 of the Indian
Constitution guarantees the minorities certain cultural and educational rights to establish and
administer educational institutions of their choice, whether based on religion or language.

3. Education of the Socially and Educationally Backward Classes of Citizens – Article 15 4, 17

5
and 466 safeguard the educational interest of the weaker sections of the Indian community, that

1
Indian Consti, art 45.
2
Ibid,art 29.
3
Ibid,art30
4
Ibid, art 15.
5
Ibid,art 17.
6
Ibid,art 46.

8
is, socially and educationally backward classes of citizens and scheduled castes and scheduled
tribes.

The main objective of the these article were to fill the gap of educational imbalance between
rural and urban, between female and male, between rich and poor and to provide maximum
possibilities to get quality education with minimum funds. After this action was taken by
government of India after independence was the formation of UGC in 1948 under Dr. S.
Radhakrishnan.

1947: Constituent Assembly Sub committee on Fundamental rights places free and compulsory
education in list of Fundamental Rights: “Clause 23- Every citizen is entitled as of right to free
primary education and it shall be the duty of the State to provide within a period of ten years
from the commencement of this Constitution for free and compulsory primary education for all
children until they complete the age of fourteen years.”7

The Kher Committee, 1948: It was recommendation of this committee which lays down the
foundation of the Article 45 of the Directive Principles of the Indian Constitution enjoining that
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 14 years.8

1949 (Nov.) Debate in Constituent Assembly Removes the First Line of ‘Article 36’: “Every
citizen is entitled as of right to free primary education and it shall be the duty of the State to.”
And replace it with 1950 Article 45 of Directive Principles of State Policy: “the state shall
endeavour to.”

1950: Article 45 of Directive Principles of State Policy: “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.”9

Universal Declaration of Human Rights

7
How was the original Article 45 of the Constitution arrived at?( Oct. 6, 2019 10:29 PM),
http://righttoeducation.in/how-was-original-article-45-constitution-arrived.
8
D.D. Agrawal, Educational Administration in India, 38, 4th, Sarup and Sons, (2007).
9
Indian Consti, art. 45.

9
 India became signatory of UDHR in 1950.10 The Indian constitution was adopted by the
Constituent Assembly on Dec 26, 1949, which came into force on Jan 26, 1950. Our Indian
constitution was greatly influenced by the Universal Declaration of Human Rights, 1948.
Provisions of Part III which stands for Fundamental Rights and Part IV for Directive Principles
of State Policy bear a close resemblance to the Universal Declaration of Human Rights. As a
result, a number of fundamental rights guaranteed in Part III of the Indian Constitution are
similar to the provisions of the Declaration. Article 26 of UDHR states as follows;

Article 26

1. Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory. Technical and
professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.11

2. Parents have a prior right to choose the kind of education that shall be given to their
children.
All-India Council of Elementary Education (AICEE), 1957
In order to speed up the pace of expansion of elementary education and to fulfill the directive of
Article 45 of the Constitution, the Government of India had decided that an All-India Council of
Elementary Education (AICEE) should be established with effect from July 1, 1957. It served as
an advisory body to the Union and State Governments and local bodies on matters relating to
elementary education.
The 31st CABE Meeting: At Bangalore on October 11 & 12, 1964, under the Chairmanship of
Shri M. C. Chagla,
The meeting focused on the vision of education for the future with Child Centric education. Shri
M. C. Chagla, then Union Education Minister said that we cannot be slaves of the past and must
move with the processes of change. We need to learn from the past; build on it and create
opportunities for the future of our children as also the future of the unborn child. He said that the

10
Miloon Kothari, Remembering India’s contribution to Universal Declaration of Human Right.(Oct. 6,2019,
11:07PM), https://thewire.in/rights/indias-important-contributions-to-the-universal-declaration-of-human-rights.
11
Universal Declaraion of Human Right, Art 26.

10
most precious of all resources are our children and we must ensure that they get all the
opportunities for their development.12 He stated,

“You know of the Article 45 of the Constitution. It is a directive to every State Government and
to the Union Government that we must give free elementary education to all boys and girls
between the ages 6 and 14. We are very far from complying with that directive. But what I wish
to emphasise before you today is that the compliance. The compliance that was intended, as I
said, by our Constitution fathers, by the founding fathers, by those who drafted the Constitution,
was a substantial compliance. They meant that real education should be given to our children
between the ages of 6 and 14. Therefore, I appeal to the States not to forget that they are not true
to the spirit of the Constitution, merely by submitting to us figures that so many millions are in
primary schools. What I want is a statement to satisfy me, not that so many millions are in
schools but so many million children are getting real, proper, true education. Then only I would
feel that Article 45 has been complied with”.

National Policy on Education (NPE), 1968

Then, the National Policy on Education (NPE), 1968 was formed. To fulfill the aims of
universlization of Elementary Education, elevation of poverty, national integration, population
control, promotion of Women’s equality and education for women. This policy was the first
official document evidencing the Indian Government’s Historical Development of Free and
Compulsory Education in India during Pre- Independence. 13 The Policy had to state “strenuous
efforts should be made for the early fulfillment of the Directive Principle under Article 45 of the
Constitution seeking to provide free and compulsory education for all children up to the age of
14. A suitable program should be developed to reduce the prevailing wastage and stagnation in
schools and to ensure that every child who is enrolled in schools successfully completes the
prescribed course.” It seems that the investment procedure in education sector was not enough to
generate maximum number of literate persons that’s why the literacy rate in 1901 was just 5.35%
with 9.83% male and 0.60% female. It also shows the education for girls was encouraged by the
conservative society of old India (before Independence)
12
http://righttoeducation.in/sites/default/files/TheSocialContextofElementaryEductaioninRuralIndia.pdf, (Oct. 6,
2019, 11:28PM).
13
https://www.examrace.com/Current-Affairs/NEWS-Journey-of-National-Policy-of-Education-1968, (Oct. 6, 2019,
11:28PM).

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National Policy for Children, 1974
In 1974, the Government of India adopted a National Policy for Children, declaring the nation's
children as ‘supremely important assets’. Keeping in view the aims set out the U.N. Declaration
of the Rights of the Child, the Government of India adopted the Resolution on the National
Policy for Children on 22nd August, 1974. The policy in particular, adopted two among other
measures towards the attainment of the child’s right to education: 14
(1) “The State shall take steps to provide free and compulsory education for all children up to the
age of 14 for which a time-bound program will be drawn up consistent with the availability of
resources. Special efforts will be made to reduce the prevailing wastage and stagnation in
schools, particularly in the case of girls and children of the weaker sections of the society. The
program of informal education for pre-school children from such sections will also be taken up.
(2) Children who are not able to take full advantage of formal school education should be
provided other forms of education suited to their requirements”

Shifting Education from State List to Concurrent List, 1976

With the 42nd Amendment in the Constitution which received President’s assent on December
18, 1976 education was moved from the ‘state’ list to the ‘concurrent’ list.15

National Education Policy, 1979

Twenty one years after becoming independent, India had its first National Policy on Education in
1968. After eleven years, in 1979, a Draft national Policy on education was printed and
circulated by the Central Government (DOE, 1979). This draft NPE also laid down that “Highest
priority must be given to free education for all up to the age of 14 as laid down in the Directive
Principles of the Constitution ... While it is necessary to expand the facilities for formal
education in elementary schools for all children in the age group 6-14.16

1991:Myron Wiener’s Book “The child and the state in India: Child Labour and Education
Policy in Comperative Perspective” create ripples. It main thesis being that India’s poverty was
less relevant, as an explanation for a failure to eradicate child labour and enforce compulsory
14
https://www.haqcrc.org/pdf/national-policy-for-children-1974/.
15
Ins. by constitution (forty- second amendment) Act, 1976, sec.9 (w.e.f. 3-1-1997).
16
Saleem Sattar, Education Policy 1997,(Oct. 6, 2019, 11:43PM),
https://www.scribd.com/document/114148382/Education-Policy-1979-by-Saleem.

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education then the belief system of the middle class( to which class, the state bureaucracy also
belonged.)17

The 73th and 74th Constitutional Amendment Acts, 1992

To provide equal, effective and quality education to every children of the country and to achieve
cent percent enrolment with zero percentage drop-out and to fight against the factors which are
responsible for the low enrolment and high dropout rates the Central Government of India
implements different kind of policies and schemes on education sector.

1992: Convention on the Rights of the Child: India signs convention on Rights of the Child.

Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving this
right progressively and on the basis of equal opportunity, they shall, in particular:18

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and
vocational education, make them available and accessible to every child, and take appropriate
measures such as the introduction of free education and offering financial assistance in case of
need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all
children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is
administered in a manner consistent with the child's human dignity and in conformity with the
present Convention.

17
Myron Winner, The Child and the State in India: Child Labour and Education Policy in Comparative
Perspective, 91, Princeton University Press, 1991.
18
Twenty years of convention on the Rights of the Child, (Oct. 7, 2019, 1:18PM).
http://unicef.in/PressReleases/141/Twenty-Years-of-The-Convention-on-the-Rights-of-the-Child.

13
3. States Parties shall promote and encourage international cooperation in matters relating to
education, in particular with a view to contributing to the elimination of ignorance and illiteracy
throughout the world and facilitating access to scientific and technical knowledge and modern
teaching methods. In this regard, particular account shall be taken of the needs of developing
countries.

Article 29

2. No part of the present article or article 28 shall be construed so as to interfere with the liberty
of individuals and bodies to establish and direct educational institutions, subject always to the
observance of the principle set forth in paragraph 1 of the present article and to the requirements
that the education given in such institutions shall conform to such minimum standards as may be
laid down by the State.

Article 45

The state shall endeavour to provide within a period of ten years from the commencement of the
constitution for free and compulsory education for all children until they complete the age of 14
years.

Mohini Jain versus State of Karnataka Case (1992)

The supreme held that right to education is a fundamental right under article 21 of the
Constituion which cannot be denied to a citizen by charging higher fee in the name of capitation
fee. The right to education directly flows from right to life. The right to life under Article 21 and
the dignity of an individual cannot be assured unless it is accompanied by the right to eduation.19
Unnikrishnan versus State of Andhra Pradesh Case, 1993
Every child/children of this country has a right to free education until he completes the age of
fourteen years. Thereafter his right to education is subject to limits of economic capacity and
development of the state.20

1997, Report of the Sakia Committee

19
https://indiankanoon.org/doc/40715/.
20
Unnikrishanan vs. state of Andhra Pradesh, (1993) AIR 2178.

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“This committee was setup in 1996 and gave its report in 1997. As per the report “ the
constitution of India should be amended to make the right to free elementary education up to 14
years of age, a fundamental right. Simultaneously an explicit provision should be made in the
constitution to make it fundamental duty of every citizen who is parent to provide opportunities
for elementary education to all children up to 14 years of age.”
The Saikia Committee Report finally resulted in a Bill to amend the Constitution to introduce a
new Article 21A, which provided: ‘the State shall provide free and compulsory education to all
citizens of age six to fourteen years in such manner as the State may, by law, determine.’ It also
introduced a new Article 51A which imposed a duty on parents and guardians to provide their
children with educational opportunities, in the terms recommended by the Saikia Committee.
The Bill was tabled in 1997, but would not pass into law until December 2002.

Constitution (83rd) Amendment Bill, 1997

In 1997, the United Front Government introduced Constitution (83rd) Amendment Bill, 1997
which encompassed insertion of Article 21A & omitting Article 45 of the Constitution. This
amendment bill had an additional financial memorandum that outlined the costs that would go
into making education for children in the six to 14 age groups a fundamental right for a 10-year
period.
In 1997 (July), the Constitution (83rd Amendment) Bill, 1997 was tabled in Lok Sabha the S. R.
Bommai, then HRD minister. The Bill proposed to add Article 21 A as
2. “2. After Article 21 of the Constitution, the following Article shall be inserted, namely:
21 A (1) The State shall provide free and compulsory education to all citizens of the age
of six to fourteen years.
The right to free and compulsory education referred to in clause (1) shall be enforced in
such manner as the State may, by law, determine.
The State shall not make any law for free and compulsory education under clause (2), in
relation to the educational institutions not maintained by the State or not receiving aid out of
State funds.
3. Article 35 of the Constitution shall be renumbered as clause (1) of that Article and after clause
(1) as so renumbered and before explanation following clauses shall be inserted, namely:

15
 (2) The competent Legislature shall make the law for the enforcement of right to free and
compulsory education referred in clause (1) of Article 21 A within one year from the
commencement of the Constitution (Eighty-Third Amendment) Act, 1997:
Provided that a provision of any law relating to free and compulsory education in force in a State
immediately before the commencement of the Constitution (Eighty-Third Amendment) Act,
1997 which is inconsistent with the provisions of Article 21 A, shall continue to be in force until
amended or repealed by a competent legislature or other competent authority or until the
expiration of one year from such commencement, whichever is earlier.

The 93rd Constitution Amendment Bill

2001 Based on the recommendation of the Parliamentary Standing Committee on Human
Resource Development,21 advice of the Ministry of Law and suggestions of the Law Commission
of India, The Ministry of Human Resource Development formulated the revised Constitution
Amendment Bill. The Constitution (83rd Amendment) Bill, 1997 was amended, and
reintroduced as Constitution (93rd) Amendment Bill 2001 in the Parliament with the following
provisions:
Insertion of a new Article 21A—‘To provide free and compulsory education to all children of
the age of 6-14 years in such a manner as the State may, by law, determine’.
Substitution of existing Article 45 of the Constitution—’The State shall endeavour to provide
early childhood care and education for all children until they complete the age of six years’.
Insertion of the following new clause in Article 51 (A) of the Constitution relating to
Fundamental duties of the Citizens—‘(k)—who is parent or guardian to provide opportunities
for education to his child, or as case may be, a ward between age of 6-14 years’.

Sarva Siksha Abhiyan (SSA), 2001

The Sarva Shiksha Abhiyan (SSA) launched by the Government of India is the vehicle for
implementing the Constitutional obligation under the Constitution (93rd) Amendment Bill 2001.
According to the 86th Amendment to the Constitution Act, 2002, Right to Education is a
fundamental right.22 According to Article 21 A, "The State shall endeavour to provide free and

21
Report of the Parliamentary committee on Human Resource Development.
https://www.educationforallinindia.com/page144.html#c.
22
Sarva Siksha Abhiyan, (Oct.7, 2019, 12:21AM), https://www.gktoday.in/gk/sarva-shiksha-abhiyan-ssa_26.

16
compulsory education to all children of the age of six to 14 years in such manner as the State
may, by law, determine".

The Constitution (86th Amendment) Act, 2002

It was discussed and passed in 2002 (12th December) by Indian Parliament as Constitution (86th
Amendment) Act, 2002, through which the existing Article 45 was deleted and added new
Articles. The Constitution (86th Amendment) Act, 2002, notified on 13th December, 2002 in the
Gazette of India, sought to make the following three changes in the Constitution:
1) In Part III (“Fundamental Rights”), add the following new article:
“21A. Right to Education - 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.”
2) In Part IV (“Directive Principles of State Policy”), replace the existing Article 45
(“Provision for Free and Compulsory Education for Children”), with the following
“45. Provision for Early Childhood care and Education to Children below the age of
Six Years - The State shall endeavour to provide early childhood care and education for all
children until they complete the age of six years.”
3) In Article 51A (“Fundamental Duties”), after clause (j), add a new clause (k) as
follows: “51A Fundamental Duties - It shall be the duty of every citizen of India:
… (k) Who is a parent or guardian to provide opportunities for education to his child or, as the
case may be, ward between the age of six and fourteen years.”
With aforesaid amendment, the right to free and compulsory education to the all Indian children
between 6-14 years of age group was declared a fundamental right. Below the age of six years,
the State shall endeavour to provide early childhood care and education for all children. But the
issue relating to children below 6 years is not justiciable that is a person cannot claim to enforce
it. Further, every Indian citizen has Historical Development of Free and Compulsory Education
in India During Pre -Independence and Post-Independence Era duty for providing opportunities
for education to his/her ward between 6-14 years. It is also evident from the Article 21 A that the
State had to provide free and compulsory education and for this purpose the Sate was under duty
to determine the manner by law. Though the Constitution was amended in 2002 but the
Government took more than seven years to think in this respect.

17
The Free and Compulsory Education for Children Bill, 2003 (Process of Drafting)
After the Bill received the President’s assent on 13.12.2002, the Constitution (93rd) Amendment
Bill, 2001 became the 86th Constitution Amendment Act (12th December, 2002). It now remains
for the ‘State’ to determine ‘by law’, as required by the new Article 21A, the manner in which
free and compulsory education is to be provided to all children in the 6 – 14 age group. 23 Then
began the process of drafting the Follow up Legislation to determine the manner in which the
state would provide free and compulsory education to all children of the age of 6 -14 years.

The Free and Compulsory Education Bill, 2004

In 2004 a revised version of this Bill, re-titled the Free and Compulsory Education for Children
Bill 2004, was re-posted (NDA Government).24

Right to Education Bill (CABE Bill), 2005

The Government of India had re-constituted the Central Advisory Board of Education (CABE)
Video Resolution dated 6th July, 2004. The first meeting of the re-constituted CABE was held
on 10-11 August, 2004.
CABE formulated the draft of the essential provisions of “Right to Education Bill, 2005”:
1) Right to Education should imply that every child has a right to be (a) provided full-
time education of satisfactory and equitable quality in a formal school which
satisfies at least certain essential norms, and (b) enabled to complete elementary
education.
2) 2) Right to Education also implies that it is the State’s obligation to remove
whatever obstacles – social, economic, academic, linguistic, cultural, physical, etc.
– prevent children from effectively participating in and completing elementary
education of satisfactory quality.
3) Right to Education must be seen not merely as a right for its own or the individual
child’s sake, but also as an instrument of promoting other constitutional objectives,
e.g. equality, justice, democracy, secularism, social cohesion, etc
23
Uma, Right to Education(RTE): A Critical Appraisal, Vol, 6th. Journal Of Humanities And Social Science (JHSS)
(2013).
24
All you need to Know about the RTE, (Oct. 7, 2019, 12:35PM), https://www.dnaindia.com/bangalore/report-all-
you-needed-to-know-about-the-rte-1684755.

18
 4) Provision of Free and Compulsory Education of satisfactory quality to children
from weaker sections is the responsibility not merely of Schools run or supported
by the State, but also of Schools which are not dependent on State funds. Schools
of the latter kind also need to provide education to such children at least to the
extent of 25% of their intake.
5) One major reason why it has not been possible to universalize elementary
education all these years is the disfunctionality of the delivery system. The
Committee has therefore attempted to formulate a number of provisions for the
proposed legislation, essentially aimed at greater decentralization and
accountability, so that the delivery system is able to rise to the challenge.
6) Although its terms of reference were confined to free and compulsory education for
children between the ages of 6-14 years, the Committee has considered the main
programme for Early Childhood Care and Education (ECCE), viz., Integrated
Child Development Services (ICDS), and proposed convergence to the extent
possible. 25
In 2006 Central legislation discarded. States were advised to make their own Bills based on the
model Right to Education Bill, 2006 . Accordingly the model Right to Education Bill, 2006 was
circulated to States in June 2006. Total 23 States responded to the Model Bill.
The Constitution (93rd) Amendment Bill, 2006
21A. The State shall provide free and compulsory education to all children of 6 to 14 years in
such manner as the State, may by law determine.”
Article 45. Provision for early childhood care and education to children below the age of six
years,- The state shall endeavour to provide early childhood care and education for all children
until they complete the age of six years.
51A. Every citizen of India-
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case
may be, ward between the age of six and fourteen years.

Sachar Committee Report, 2006

25
The Report of Steering Commission on Elementary Education & Literacy, Planning Commission(Education
Division).

19
Muslim women with a literacy level of 50% have been able to keep up with women of other
communities and are much ahead of SC/ST women in rural India. Drop-out rate among Muslims
is the highest at the level of Primary, Middle and Higher Secondary compared to all the SRCs In
the premier colleges in the country, only one out of the 25 Under-Graduate students (4%) and
one out of 50 Post-Graduate students (2%) was a Muslim.26

The Right of Children to Free and Compulsory Education Bill, 2008

The Right of Children to Free and Compulsory Education Bill, 2008, representing the
consequential legislation pursuant to the 86th Constitutional Amendment Act, 2002, was
introduced in the Rajya Sabha on 15th December, 2008. The notification for enforcement of the
86th Constitutional Amendment would be issued after the enactment of the Right of Children to
Free and Compulsory Education Bill, 2008.
213th Report of the Department – Related Parliamentary Standing Committee on Human
Resource. The Report at the outset stated that “The Right of Children to Free and Compulsory
Education Bill, 2008 is a sequel to 86th Constitution Amendment Act passed in 2006 which
provided free and compulsory education to all children between the age group of 6-14 years.
This Bill is an attempt to provide elementary education to all children including the ones who
have dropped out of school before the completion of their elementary education ... Presently, 18
States and 2 Union Territories have their own legislations dealing with compulsory elementary
education. Community involvement and participation is an essential ingredient for the successful
implementation of the provisions of the Bill.” development on the Right of Children to Free and
Compulsory Education Bill, 2008.

2009:Right of Children to Free and Compulsory Education Act.

Article 21-A and the RTE Act came into force on 1 April 2010. The (RTE) Act, 2009, which
represents the substantial legislation envisaged under Article 21-A, signifies that each child has a
right to full-time basic education of suitable and reasonable quality in a formal school which
satisfies certain necessary norms and values. With these provisions,
India has moved ahead to a rights-based structure that casts a legal responsibility
on the Central and State Governments to put into practice this fundamental
26
Minority Report Executive Summary Rajindar Sachar Committee, Status of the Muslim Community In India.
https://casi.sas.upenn.edu/sites/default/files/iit/Minority%20Report.pdf.

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 child right as enshrined in the Article 21A of the Constitution, in conformity
with the provisions of the RTE Act.27

1. It ensures free & compulsory education to all children within the age group of 6 to 14.
2. No school fees, capitation fees, charges or expenses are to be paid by a child to get
elementary education.
3. The child or his parents are not to be subjected to any screening procedure for admission to
school
4. Special training provision for a child of above six years not been admitted to any school or,
unable to continue studies, to bring him par with his class and to be admitted in an age
appropriate class. In such cases, the child can continue beyond 14 years to complete his/her
elementary education.
5. If a school does not provide facility to complete elementary education then a child of that
school can take a transfer to any other government (govt.) or government-aided school.
6. Each child is also entitled to free text books, writing material and uniform.
7. The appropriate govt. which means central or state government and its affiliates have to
provide a school within 1 km walking distance for children in classes I to V and within 3 kms for
those in classes VI to VIII. These schools are termed as ‘neighbourhood schools’.
8. The government has the responsibility to undertake school mapping to determine the location
of the school.28
9. 25 percent of the seats in private schools are reserved for RTE students which are funded by
the government. The Centre and the State share the joint responsibility to provide funds for RTE
execution.
10. Central Government has the responsibility to prepare National Academic Curriculum, teacher
training manuals, capacity building and technical support to the states for the promotion of the
RTE.
11. The State Government has to ensure the development of course of study, admission of
children, teaching staff, infrastructure development of schools, completion of education of
children up to the age of 14 and inclusion of children from marginalised section of the society.

27
Mukkaram Choudhary, Right To Education in India, (Oct, 8. 2019, 12:23AM)., https://blog.ipleaders.in/right-to-
education-2/.
28
http://vrhope.org/rtetn/rte-children/rte-children-with-disabilities/ (Oct, 8.2019, 12:29AM).

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12. It is the duty of every parent to admit their children or ward to school and ensure that they
receive elementary education.29
13. Teachers in the schools have to ensure their regular attendance, completion of curriculum
with the specific time, assessing the ability of the child and prescribe special attention if need be,
conduct the parent-teacher meeting to appraise overall development of the child.
14. There should be one teacher for every 30 students for the class I to V and one teacher for
every thirty-five students for class VI to VIII.
15. There should be one specialised teacher each for teaching (i) Science & Mathematics (ii)
Social Sciences and (iii) Languages.
16. A full-time Head Teacher is recommended for a school with more than 100 students.
17. Classes I to V should have 200 working days & Classes VI to VIII 220 working days per
academic year, with a 45 hour work week.
18. All weather classroom for every teacher in the school, an office, a store room and a
principal’s room. The school has to ensure hygienic kitchen for midday meals, safe drinking
water facility, and separate toilets for boys and girls along with proper fencing, playground and a
library with relevant books and teaching aid.
19. The school has to ensure all round development of the child and practice inclusion without
denying admission to any child on any grounds.

Conclusion
The right to education (RTE) Act would play an essential role in achieving universal basic
education in India, but it is sufficiently clear that the performance of the Act has not covered
much ground. In order to gather the goals set by us, India must prioritize and spend in making
the Act an existence through consultation and dialogue with input stakeholders outside and
within the administration. Else the Act will join the ranks of yet another legislation that never
protected the space between conceptualization and implementation. As we know that India is a
signatory nation of UDHR, thus India has to follow all the compulsory guidelines given in the
conventions.

29
http://rotaryteach.org/Summary%20of%20RTE%20Act.pdf (Oct, 8. 2019, 12:29AM).

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