The Story of the Right to
Education in India

Nalini Juneja
NUEPA
Nalini Juneja 2013

1950
Article 45 of Directive Principles
of State Policy:“The State shall endeavour to provide,
within a period of ten years fromthecommencementof
thisConstitution,
for
free
and
compulsory
educationforallchildren until they complete the ageof fourteen years”
Nalini Juneja 2013

Justiciable
Fundamental Right to
Education (2002)
Article 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”.
Nalini Juneja 2013

What is the advantage
of making education
into a ‘justiciable
fundamental right’?

Nalini Juneja 2013

Why ‘Justiciable’ right has
Power‘once an unambiguous declaration of such a(justiciable) right is made, those responsible forit would have to find ways and means to giveeffect to it.
‘If they had no such obligation placed upon them,
they might be inclined to avail themselves ofevery excuse to justify their own inactivity inthe matter, indifference or worse.’- K.T. Shah: Note of dissent April 1947
Nalini Juneja 2013

The Storyof Free and Compulsory
in India

Nalini Juneja 2013

In this story:
I. Pre independence struggle,
II. The three attempts to put education onlist of fundamental rights in IndianConstitution
III. The Fate of Compulsory Educationand sudden revival in the 90s
IV. The 86th Amendment, Follow up
Legislation, andV. Central RTE Act 2009 and State Rules
VI. RTE Amendments
Nalini Juneja 2013

What is Compulsory education?
State:
1. to provide facilities for education
2. to ensure that child is able to avail ofthese facilities
 Child:
1. has right to these facilities; and2. duty to obtain education up to required
leveli.e. a vehicle for safe guarding Right to
Education
Nalini Juneja 2013

What is compulsory schooling ?
Compulsory Schooling: Makes attendance at a school compulsory
Compulsory Education:
 Allows learning through means other than
through attendance at a school
Nalini Juneja 2013

A Century of Struggle for Free
and Compulsory Education

1882 – 1992

Nalini Juneja 2013

1870; 1880
Compulsory Education Acts
passed in Britain - Demand for similar
treatment
1882: Indian Education Commission: Indian
leaders demand provision for mass
education and Compulsory Education Acts.
1893 Maharaja of Baroda introduces
Compulsory Education for boys in Amreli
Taluk.
Nalini Juneja 2013

1906 Maharaja of Baroda extends
Compulsory Education to rest of thestate.
1906
Gopal Krishna Gokhale makesa plea to imperial legislative Council
for introduction of F& C Edn.
1911
Gokhale proposes Private
members Bill (Rejected)
1917
Sh. Vithalbhai Patel successful
in getting Bill passed
Nalini Juneja 2013

First Law on Compulsory
Education passed (Popularly Known as
Patel Act)

1917

Every Province in British
India gets Compulsory Education Act on
its Statute Book

1918-1930

1930 Hartog Committee Recommendation

for better quality (less focus on quantity)hinders spread and development ofprimary education
Nalini Juneja 2013

1944
Post
War
Plan
for
Educational
Development in India (Sargent Plan)
proposes scheme for India to achieve
universal elementary education in by
1984 (40 years) in two phases:
1. Up to the age of 11
2. Up to the age of 14

1946
Constituent Assembly begins task

1947
Ways and Means (Kher) Committee set
up to explore ways and means ofachieving UEE within ten years at lesser
cost.
Nalini Juneja 2013

First Attempt atmaking education intoa justiciable
fundamental right1
Nalini Juneja 2013

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

Nalini Juneja 2013

1947 (April)
Advisory Committee meeting of theConstituent Assembly
Secretary: 23 (reads clause 23)
M. Ruthnaswamy: Is this a Justiciable
right? Supposing the Government haveno money?
Allladi Krishnaswami Ayyar: I want thedeletion of this clause
Govind Ballabh Pant: I suggest thisclause be transferred to Part 2. It cannot
be justiciable.
Nalini Juneja 2013

1947 (April)
Advisory Committee of the Constituent
Assembly rejects free and compulsory
education as a fundamental right.

Sends clause to list of“non justiciable fundamental rights”
later termed as‘Directive Principles of State Policy’.
Nalini Juneja 2013

1949 (Nov.)
Debate in Constituent Assembly
Removes the First Line of‘Article 36’“Every citizen is entitled as of right tofree primary education and it shall be theduty of the State to..”and replaces it with
“The State shall endeavour to..”Nalini Juneja 2013

1950
Article 45 of Directive
Principles of State Policy:“The State shall endeavour to provide,
within a period of ten years fromthecommencementof
thisConstitution,
for
free
and
compulsory
educationforallchildren until they complete the ageof fourteen years”
Nalini Juneja 2013

The Policy in Practice…..Or
the importance of any
right being a justiciable
fundamental right
Nalini Juneja 2013

Expectations:

J.P. Naik“The Constitution Framers opted for thequick solution in ten years. This also
highlights the fact that they attached thehighest significance to this programme as
the foundation of democracy and wanted it
to be implemented at any cost.”

Nalini Juneja 2013

Expectations:

Justice Jeevan Reddy

The Constitution contemplated a crashprogramme being undertaken by the stateto achieve the goal set out in Article 45

Nalini Juneja 2013

K.T. Shah: (Note of dissent)“The non justiciable rights would
remain as no more than pious
wishes”-April 1947 – Note of Dissent to the formationof two types of rights – justiciable rights
and non justiciable rights
Nalini Juneja 2013

A tour of the budgets 1947-2001“In this ten year period (1950- 1960) there
is not to be found even a passing
reference to education let alone to
Article 45 in the Budget speeches”- L.C. Jain, ‘Are our Budget makers faithful
to the Constitution?’
Nalini Juneja 2013

Compulsory
education acts in
India: pre and post
independence

Nalini Juneja 2013

Compulsory Education Acts in India
Pre-Independence• The Bombay Primary Education (District
Municipalities) Act 1917
• The Bengal Primary Education Act 1919
• The Bihar and Orissa Primary Educationact 1919• The Punjab compulsory Education Act
1919
The United Provinces Primary Education
Act 1919• The Bombay City Primary Education Act
1920•

Nalini Juneja 2013

•
•
•
•

The Central Provinces Primary Education
Act 1920
The Madras Primary Education Act 1920
The Patiala Primary Education Act, 1926
The Bikaner State Compulsory Primary
Education Act, 1929•

The Madras Primary Education Act 1937




The Bombay Primary Education Act 1923
The Assam Primary Education Act 1926
The U.P. (District Boards) Primary Education
Act, 1926
The Bengal (Rural) Primary Education Act
1930



Nalini Juneja 2013 The (Jammu & Kashmir) Compulsory
Education Act, 1934 The Bombay Primary Education(Amendment) Act 1938
• The Punjab Primary Education Act,
1940
• The Mysore Elementary Education Act,
1941
• The Travancore Primary Education Act,
1945
• The Bombay Primary Education Act
1947
Nalini Juneja 2013

Compulsory Education Acts in India

Post-Independence The Assam Primary Education Act, 1947 The Bombay Primary Education Act, 1947 The Cochin Free Compulsory Primary
Education Act, 1947, The Madhya Pradesh Compulsory Primary
Education Act, 1950,
 The Ajmer Primary Education Act, 1952,
Nalini Juneja 2013 The Madras Elementary Education Act 1952
 The
HyderabadCompulsory
Primary
Education Act, 1952.
 The Vindhya Pradesh Primary Education Act,
1952
 The Himachal Pradesh Compulsory Primary
Education Act, 1953.
 The Assam Basic Education Act, 1954.
 The PEPSU Compulsory Primary Education
Act, 1954.
 The Bhopal State Compulsory Primary
Education Act, 1956
 The Madhya Pradesh Primary Education Act,
1956,
Nalini Juneja 2013 The Saurashtra Primary Education Act,
1956
 The Kerala Education Act, 1958.
 The Andhra Pradesh Primary Education Act,
1961.
 The Andaman and Nicobar Islands (Primary
Education) Regulation, 1959.
 The Mysore Compulsory Primary Education
Act, 1961.
 The Assam Elementary Education Act, 1962.

Nalini Juneja 2013

Acts in Force

Andhra Pradesh
Andhra Pradesh Education Act 1982 (ActNo.1 of 1982)
Assam
The Assam Elementary Education(Provincialisation) Act, 1974 (Assam Act No.
6 of 1975)
Bihar
Bihar Primary Education (Amendment) Act
1959 (Bihar and Orissa Education Act (1 of1919) as amended by Bihar Act IV of 1959)
Nalini Juneja 2013 GoaThe Goa Compulsory Elementary Education
Act, 1995 (Goa Act No. 4 of 1996)
 Gujarat
Gujarat Compulsory primary Education Act,
1961 (Gujarat Act No. XLI of 1961)
 Haryana
Punjab Primary Education Act 1960
 Himachal Pradesh
The Himachal Pradesh Compulsory Primary
Education Act 1997. (Act No.2 of 1998)
 Jammu & Kashmir
The Jammu And Kashmir School Education
Act 2002 (Act No.21 of 2002.) (21st April
2002)
Nalini Juneja 2013

Karnataka
The Karnataka Education Act 1983
(Karnataka Act No. 1 of 1995) (First publishedin the Karnataka Gazette Extraordinary on the 20th
day of January, 1995)

KeralaThe Kerala Education Act 1958 (Act No.6 of
1959) (As amended by Acts 35 of 1960, 31
of 1969 and 9 of 1985).
Madhya Pradesh
The Madhya Pradesh Jan Shiksha
Adhiniyam, 2002 (Act No. 15 Of 2002)
PunjabPunjab Primary Education Act 1960 No. 39
Rajasthan
The Rajasthan Primary Education Act 1964
(Act No.31 of 1964)
Nalini Juneja 2013

Sikkim
The Sikkim Primary Education Act, 2000 (ActNo. 14 of 2000
Tamil Nadu
The Tamil Nadu Compulsory Elementary
Education Act 1994 (Act No.33 of 1995)
Uttar Pradesh• United Provinces Primary Education Act
1919* (U.P. Act No. 7 of 1919)• United Provinces (Dist. Boards) Primary
Education Act 1926* (U.P. Act No. 1 of
1926)*Adapted and modified by the Adaptationof Laws Order 1950.
Nalini Juneja 2013

•West Bengal
West Bengal Primary Education Act 1973
(West Bengal No.43 of 1973)• Delhi
The Delhi Primary Education Act 1960,
Act
No.39 of 1960

Nalini Juneja 2013

But these Acts were not
implemented were they?

Nalini Juneja 2013

Years

Urban

Rural

Total (Rs.)

1950-51

N.A.

N.A.

40, 575

1951-52

N.A.

N.A.

42, 1101952-53

N.A.

N.A.

37, 651

1953-54

N.A.

N.A.

29, 259

1954-55

7921

17037

24, 958

N.A.

N.A.

12, 932

1949-50

8455

37437

45, 892

N.A.
N.A.
Table 3: All
India :Enforcementof 23, 629
1956-57
N.A.
N.A.
20, 785
CompulsoryN.A.Education in
1957-58
N.A. India after
31, 881
1958-59
N.A.
N.A.
14, 483
Independence
1955-56

1959-60
1960-61
1961-62
1962-63

Number of
Prosecutions– Fines
N.A.
N.A.
N.A.
Realised (Rs)N.A.
N.A.

N.A.

26, 534
18, 068
8, 8801963-64

2861

8007

10, 868

1964-65

3629

8151

11,7801965-66

1056

2962

4, 018

1966-67

9366

2037

11,403

1967-68951

2159

3, 1101968-69

1034

1593

2, 627

1969-70912

1420

2, 332

1970-71

672

Nalini Juneja
2013
1647

2, 319Research* showed:
Most states
had
Despite Article 45 (DPSP),(enabling)
Compulsory Neither the1968, nor the 1986
Education Education Policy Speaks Of
Acts
Making Education Compulsory
But only 3% of Educational
Administrators in 1995 were awareof the Compulsory Education Act intheir state*Juneja, Nalini (1996). Compulsory Education in India: The policy
in practice:1940s -1990s
The Movement of
Discourse on ‘Rights’;‘Compulsion’

Nalini Juneja 2013

Movement of International
Discourse on Rights
1940s-50s:
Concern with political freedoms & rights
1960s-70s:
Concern with economic & social rights
1980s-90s:
Concern with demographically definedrights, e.g. Rights of child; women,
disabled etc
Nalini Juneja 2013

Movement of Discourse on‘Compulsion’
Internationally: constructed as a ‘right’, an
entitlement
1948: UDHR: “Everyone has a right to
Education....Elementary education shall be compulsory”
 1989 CRC Article 28
 1. States Parties recognize the right of the child to
education, and with a view to achieving this rightprogressively and on the basis of equal opportunity, theyshall, in particular:
 (a) Make primary education compulsory and available free
to all;Nalini Juneja 2013

Movement of Discourse on‘Compulsion’
India: Constructed in terms of ‘penalties’“ there will be more parents in the jail thanchildren in the school”
Turning point 1997:“The compulsion more or less is being looked
at as compulsion on the state to provide…”-63rd Report: Parliament Standing Comm. on HRD
Nalini Juneja 2013

Revival of
Discourse on
free andcompulsory
Education In
India
The 90’s
Nalini Juneja 2013

1989
Convention on Rights of Child(India signed CRC in 1992 ) “State parties recognize the right of thechild to education and with a view toachieving this right progressively, theyshall in particular(a) make primaryeducation compulsory and available free toall….”
 Article 28 (CRC)
Nalini Juneja 2013

(1990)World Conference at Jomtien

Declares basic education
to be a ‘need’

Nalini Juneja 2013

1990
Ramamurti Committee“Now time has come to recognize ‘Right to
Education’ as one of the fundamental
rights of the Indian citizen for which
necessary amendments to the constitution
may have to be made and more
importantly, conditions be created insociety such that this right would become
available for all children of India.”(Para 6.1.3)
Nalini Juneja 2013

1991
Myron Wiener:“The Child and the State in India :Child Labour and Education Policy inComparative Perspective”

Nalini Juneja 2013

1992

India signs
Convention on Rights of Child

Nalini Juneja 2013

1993
Unnikrishnan J.P. vs. State of AP
and Ors…..
“every child/citizen of this country has a rightto free education until he completes the ageof fourteen years. Thereafter his right toeducation is subject to limits of economic
capacity and development of the state.”

Nalini Juneja 2013

Justice Jeevan Reddy:(Unnikrishnan J.P. vs. State of Andhra
Pradesh, 1993)“ Has it no significance? Is it a mere pious
wish, even after 44 years of theConstitution? Can the State flout the same
directions even after 44 years on the
grounds that the article merely calls upon
it to ‘endeavour to provide’ the same? ” ..

Nalini Juneja 2013

1996
Common Minimum Programmeof the United Democratic Alliance 1. resolves to make the right to free andcompulsory elementary education into afundamental right and to enforce it throughsuitable statutory measures.
 2. Committee set up (Saikia Committee) to
examine this proposal.
Nalini Juneja 2013

1997 (Jan)Saikia Committee recommends:
 “The Constitution of India should be
amended to make the right to freeelementary education up to the 14 years ofage, a fundamental right. Simultaneously
an explicit provision should be made in theconstitution to make it fundamental dutyof every citizen who is a parent to provide
opportunities for elementary education to
all children up to 14 years of age”.
Nalini Juneja 2013

Second Attempt atmaking education intoa fundamental right2
Nalini Juneja 2013

1997 (July)
Constitution 83rd
Amendment Bill
After article 21 of the Constitution, thefollowing article shall be inserted, namely: “21A. (1) The state shall provide free andcompulsory education to all citizens of theage of six to fourteen years.

Nalini Juneja 2013

1997 (July)
83rd C. Amendment Bill (contd.) (2)The right to free and compulsory
education referred to in clause (1) shall be
enforced in such manner as the State may,
be law, determine.
 (3)The state shall not make any law, for freeand compulsory education under clause (2),in relation to the educational institutions
not maintained by the State or not receiving
aid out of State funds”.
Nalini Juneja 2013

1997 (July)
83rd Amendment Bill (contd.) 4. Article 45 of the Constitution shall beomitted.
 5. In article 51A of the Constitution, after
clause (j), the following clause shall be
added, namely: “(k)
toprovideopportunities
foreducation to a child between the age of six
and fourteen years of whom such citizen isa parent or guardian”.
Nalini Juneja 2013

1997
Parliamentary Standing
Committee Report: i) Retention of Article 45 to cater tothe 0-6 age group.
 ii) Clause (3) of the proposed Article
21-A relating to private institutions
may be deleted.
Nalini Juneja 2013

1997
Parliamentary Standing Committee
Report: (contd.)“The Centre should prepare one simple
legislation with some skeletal framework
which may also indicate the Central
share in the financial burden. The
details can be formulated by therespective states according to theirrequirements. The Central Government
may therefore consider working out thenecessary legislation.”
Nalini Juneja 2013

2000
Sarva Shiksha Abhiyan (SSA) Formulated
 Umbrella Scheme for Central Funding ofUEE Paved the way for acceptance by the State
Governments

Nalini Juneja 2013

Third Attempt atmaking education intoa fundamental right3
Success at last!
Nalini Juneja 2013

2001
Constitution(93rd Amendment) Bill “21-A. The state shall provide freeand compulsory education to all
children of the age of 6-14 years insuch manner as the State may by law
determine.”

Nalini Juneja 2013

Article 45.
“The State shall endeavour to provide
early childhood care and education
for all children until they complete
the age of six years”.
Article 51 A
Every citizen:“(k) who is a parent or guardian toprovide opportunities for education tohis child or as the case may be, ward
between the age of six and fourteen
years”.
Nalini Juneja 2013

The Constitutional 86th
Amendment Act 2002:
Fundamental Right to
Education
Passed December
2002
Nalini Juneja 2013

Then began the processof drafting the Follow up
Legislation
To determine the manner inwhich the state would provide
free and compulsory education
to all children of the age of 6-14
years
Nalini Juneja 2013

Follow up legislations to the 86th
Amendment
2003: The Free and Compulsory Education For
Children Bill 2003
2004: The Free and Compulsory Education Bill2004
2005: The Right to Education Bill 2005 (CABEBill)
2006: Model Bill 2006
2007: Bill prepared by Law Ministry
2008: Revival of CABE 2005 Bill (introduced in
Rajya Sabha, Dec 15, 2008)
2009: The Right of Children to Free andCompulsory Education Act 2009
Nalini Juneja 2013

The Right of Children to Free andCompulsory Education Act 2009
Passage throughParliament
20th July: Rajya Sabha
4th August: Lok Sabha

President’s Assent
26th August 2009
Gazette Notification
27th August 2009
Nalini Juneja 2013

Notification of Constitution 86th
Amendment Act 2002
 16
February2010
 8 years later!

 Smt. Anshu Vaish
Nalini Juneja 2013

Preparation of Model Rules andand Budget estimate
 NUEPA, September 2009 – January 2010

Nalini Juneja 2013

1.4. 2010:Fundamental Right at Last!

Nalini Juneja 2013

The TEN Functions of the Right to Education Act 2009
1 Makes education Free
10. Removes the
oppression of Exams

2.Makes Education Compulsory
for state to provide

9. Puts power inhands of people

3. Curriculum as per
Constitutional Values

8.Makes procedures
more simple

4. Ensures Qualityof Teachers

7 Protects Child
6. Pushes forSocial Reform
Nalini Juneja 2013

5. Defines Norms
for Schools

The Constitution to the school: theRTE links
21 A

RTE
2009

• The state shall provide free and compulsory education to all children of
the age of 6 to 14 years in such manner as the state may by law determine( 86th Constitution Amendment, 2002) Notified in April 2010

• First and Historic Central Act on School Education n.2010• All State acts have to be in conformity• All states have to pass state rules to the central RTE Act

Model • Centre prepared ‘model rules’ as model for states
Rules

Guide
lines

• As per section 35 (1) and 35 (2) Centre and states respectively may
issue guidelines for implementation of the provisions of the Act
Nalini Juneja 2013

Milestones after Passingof RTE Act 2009
1. Circulation of model rules- 20th January 2010
2. Notification of Central Rules- 9th April 2010
3. Notification of Academic Authority as per
section 23 of RTE Act - 5th April 2010

Nalini Juneja 2013

4. Notification of authority for preparation of
National Curriculum framework – as per
sections 7 and 29 of the RTE Act – 5th April
2010
5. Notification of Authority for preparation ofCurriculum and Evaluation procedure for states
and UTs without legislature – 5th April 2010
Nalini Juneja 2013

Rules drafted by States to the
RTE Act 2009
 S.35 empowers the central, state
governments, and local authorities to issue
guidelines for implementation ofprovisions of RTE Act
 S.38 may make rules for implementation ofprovisions of RTE Act

Nalini Juneja 2013

RTE Amendments 2012,
Passed in May 2012 notified August 22nd 2012
1. Nothing contained in this Act shall apply to
Madrasas, Vedic Pathsalas and educational
institutions primarily imparting religious
instruction.
2. Child with disability further defined
3. Child with multiple disabilities may opt for home
based education
4. SMC in minority and aided schools to be advisory
only
5. PTR to be as per schedule of the Act within 3
years, not 6 months
Nalini Juneja 2013

Residential schools
Dated 13 July, 2012:As directed by the Supreme Court inPara 13 of Judgment of April 12th 2012. to clarify its applicability
to Boarding Schoolsi.To be limited to day scholars for only inthe case of day scholars can theneighbourhood criterion apply
ii. shall not apply to residential schools
which start admitting students in classhigher than class1.

Nalini Juneja 2013

Elementary
Education in India
is now a RIGHT of
the child and DUTYof the State…..
Thank You
Next Seminar: The Right to
Education Act 2009,and its Implementation Challenges
Nalini Juneja 2013