Malcolm Rivera
The Indian constitution contains a large number of clauses and articles that directly or indirectly relate to education. The preamble embodies the character, values, and aspirations of the country, reflecting the national ethos and providing direction for the nation to achieve its goals. The constitution provides for the following main areas of education: early childhood care and education for all children until they are six years old, and free and compulsory education for all children aged 6 to 14 years.
| Characteristics | Values |
|---|---|
| Age group | 6-14 years |
| Type of education | Free and compulsory |
| Constitutional articles | 15, 15(1), 15(3), 21A, 25, 26(1), 28, 29, 29(1), 350A, 350B, 351, 45, 46 |
| Right to education | Fundamental right |
| Curriculum | Values enshrined in the Constitution |
| Educational institutions | Religious minorities have the right to establish educational institutions of their choice |
| Religious instruction | Students have the freedom to attend or not attend religious instruction |
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What You'll Learn
The Right to Education Act, 2009
The RTE Act provides for the right of children to free and compulsory education until the completion of elementary education in a neighbourhood school. It casts an obligation on the appropriate government and local authorities to provide and ensure admission, attendance, and completion of elementary education by all children in the 6-14 age group. This means that every child has a right to full-time elementary education of satisfactory and equitable quality in a formal school that meets certain essential norms and standards.
The RTE Act is not unprecedented; universal adult franchise in the act was opposed as 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."
The RTE Act has undergone several amendments over time. In 2017, an amendment extended the deadline for unqualified teachers to obtain required certifications, with a focus on teacher training through distance learning. The 2019 amendment removed the "no-detention policy," allowing states to introduce examinations in Classes 5 and 8 and detain students who failed while mandating remedial instruction and re-examinations.
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Free and compulsory education for children aged 6-14
The Indian Constitution contains a large number of clauses and articles that have a direct or indirect bearing on education. The preamble reflects the national ethos, values, and aspirations of the country.
Article 45 of the Constitution provides for free and compulsory education. The Kothari Commission considers ensuring free and universal education for all children a top educational priority, not only for social justice and democracy but also for improving average worker competence and increasing national productivity.
The 86th Amendment Act of 2002 inserted Article 21-A into the Indian Constitution, declaring the right to education a fundamental right. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which came into effect on 1 April 2010, gives the Right to Education the same legal status as the right to life. The RTE Act represents the consequential legislation envisaged under Article 21-A, which states:
> The state shall provide free and compulsory education to all children in the age group of six to fourteen years in such a manner as the State may, by law, determine.
The RTE Act obliges the appropriate government and local authorities to provide and ensure admission, attendance, and completion of elementary education by all children aged 6-14. It also clarifies that 'compulsory education' means the obligation of the government to provide free elementary education.
The 93rd Amendment to the Constitution also made primary education a fundamental right, ensuring that education is now a legal right for all children.
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Education in mother tongue
The Indian Constitution contains numerous clauses and articles that directly or indirectly relate to education. One prominent provision is the Right to Education Act, 2009, which gives the right to education the same legal status as the right to life. This act makes it obligatory for state governments to ensure that all children receive a quality education.
Article 350A of the Indian Constitution and the Right to Education Act mandate that "as far as practicable, the medium of instruction shall be in the child's mother tongue". This is especially important in India, a multilingual country with over 22 official languages and numerous dialects.
Mother tongue education has been shown to have numerous benefits for children's cognitive and emotional development. It builds strong foundations for their cognitive abilities, improves communication skills, and helps children create an emotional connection to their learning environment. Children taught in their mother tongue also tend to perform better academically in the long run. Additionally, it helps to preserve and promote the cultural identity of communities.
The National Curriculum Framework 2022 recommends that children be instructed in their mother tongue until they are eight years old. However, implementing mother tongue education can be challenging and requires careful planning, resource allocation, and teacher training. For example, the Indian states of West Bengal and Kerala have recently started training teachers to teach in regional languages such as Bengali and Malayalam, respectively.
The Indian government has also taken steps to promote mother tongue education through initiatives like the DIKSHA portal, which offers course materials for Grades 1-12 in Indian Sign Language and 32 other Indian languages. These initiatives aim to create inclusive learning environments and give students the opportunity to learn in their native language.
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Promotion of women's education
The Indian Constitution contains numerous clauses and articles that directly or indirectly relate to education. The 93rd Amendment to the Constitution of India made primary education a fundamental right, and the Right to Education Act of 2009 further solidified this by giving it the same legal status as the right to life. The Act also obligates state governments to ensure that all children have access to quality education.
Despite these legal provisions, women's education in India has historically been neglected, with girls often forced into early marriage and dropping out of school. However, the promotion of women's education is essential for India's progress and economic growth. Educated women can secure better jobs, reinvest their income into their families and communities, and contribute to reducing poverty. Recognising this, the Indian government has launched several initiatives to promote women's education and empower women through education.
The Beti Bachao, Beti Padhao scheme, launched in 2015, aims to address the declining child sex ratio and promote the education of girls. The scheme focuses on improving the enrolment and retention of girls in schools by changing the mindset of the people towards the girl child and promoting gender equality. The Udaan scheme, launched in 2013, provides skill development training and scholarships to girls from economically weaker sections of society to enhance their employability. The Mahila Samakhya Programme, launched in 1989, aims to improve the social and economic status of disadvantaged women by providing them with education and training, empowering them to pursue their dreams and compete with men.
The government has also introduced the Saakshar Bharat Programme to promote literacy among women and the Pradhan Mantri Gramin Digital Saksharta Abhiyan to promote digital literacy in rural areas, ensuring that at least one member of each rural household becomes digitally literate. Additionally, the Rashtriya Mahila Kosh, set up in 1993, provides micro-credit to disadvantaged women to promote their entrepreneurship and help them access education. The Pradhan Mantri Matru Vandana Yojana, launched in 2017, provides financial assistance to pregnant and lactating women for their nutrition and healthcare needs, with a cash incentive of Rs. 5,000 for eligible women.
These initiatives demonstrate the Indian government's commitment to promoting women's education and empowering women through education, which is crucial for the country's overall development and progress.
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Secular education
India is a secular country, where spirituality and religion have always been held in high esteem. The Indian Constitution contains a large number of clauses and articles that directly or indirectly concern education. The preamble embodies the character, values, and aspirations of the country.
The Constitution of India guarantees the freedom of conscience and the right to profess, practice, and propagate religion. Article 28(1) states that no religious instruction shall be provided in any educational institution that is wholly maintained by state funds. However, Article 28(2) clarifies that this does not apply to educational institutions administered by the state but established under an endowment or trust that requires religious instruction.
Article 25(1) of the Constitution guarantees all citizens the right to freedom of conscience and the right to profess, practice, and propagate religion. It also protects the educational interests of the weaker sections of the Indian community, including socially and educationally backward classes, scheduled castes, and scheduled tribes.
Article 28 gives students the freedom to attend any religious worship or participate in any religious instruction that may be imparted. Article 30 gives minorities, whether based on religion or language, the full right to establish educational institutions of their choice. This right is also protected by Article 30(1), which states that all minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.
The Constitution also provides for the development and propagation of the national language, Hindi. Article 351 states that it is the special responsibility of the centre to develop Hindi so that it may serve as a medium of expression for all elements of India's composite culture.
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Frequently asked questions
Article 21A of the Indian Constitution, inserted by the 86th Amendment Act in 2002, provides for free and compulsory education for all children aged 6 to 14 years.
'Compulsory education' means that the government and local authorities are responsible for ensuring admission, attendance, and completion of elementary education by all children aged 6 to 14.
The Right to Education Act, which came into force on 1 April 2010, is a constitutional act that gives the right to education the same legal status as the right to life. It makes it obligatory for state governments to ensure that all children have access to quality education.
The Central Government of India has been entrusted with many educational obligations under the Indian Constitution. Education is seen as a means to achieve national prosperity and national integration by cultivating the ethos and values of Indian democracy in citizens.
Article 45 of the Indian Constitution states that the state shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
