Constitutional Provisions for Education
The Indian constitution has several provisions to make education accessible to all its citizens. Education was originally defined as a state subject, but the states faced difficulty in providing for an appropriate standard of education due to a constricted financial capacity. This was resolved in 1976, with the 42nd Amendment to the Constitution of India, when education was changed to a concurrent list subject. This allows both the centre and states to legislate over the issue of education. It was only in 2002 when education was made a Fundamental Right with the 86th Constitutional amendment. The Right to Education Act, 2009 makes it obligatory for state governments to ensure that all children have access to quality education. The various educational provisions in the Indian Constitution are discussed below.
Article 15
Article 15 (3) allows the state to make special provisions for women and children and 15 (4) empowers them to make special provisions for the advancement of educationally and socially backward classes or SC/STs. Article 15 (5) lays down provisions for reservation in admission into schools and colleges including private educational institutes. The Article aims to ensure the upliftment of these sections of society by preventing any discriminatory behaviour from hindering their growth.
Article 21 A
Right to Education Act and Article 21-A came into effect on 1st April 2010. Under this, every child between 6–14 years of age has the right to free and compulsory education in India. ‘Free education’ implies that no child admitted in a government school, is liable to pay any fees or expenses which would otherwise prevent them from pursuing elementary education. ‘Compulsory education’ makes the local authorities responsible for ensuring admission and completion of elementary education.
Article 28
It gives students the freedom of attendance at any religious worship or participation in any religious instruction that may be imparted in an educational institution aided by State funds.
Article 30
All religious and linguistic minorities have the right to establish educational institutions of their choice under Article 30. It provides that the State will not discriminate against these educational institutions in granting aid.
Article 46
It provides for the promotion of economic and educational interests of SC/STs and guarantees State protection from social injustice and any form of exploitation.
Article 337
It makes special provisions, with respect to educational grants, for the benefit of the Anglo Indian community, for the first three financial years after the introduction of the Constitution. It states that the grants will be reduced by ten percent every three years and after ten years of the commencement of the Constitution these grants will cease.
In India, only 66% of children enrolled in grade 1 make it to grade 5, while the remaining drop out before the completion of their primary education. Most students drop out to work as child labourers which prevents them from acquiring basic literacy skills. This limits any potential for economic and social growth. As seen above, the constitution provides for the upliftment of all sections of society by providing free and compulsory education. With proper implementation of these provisions, India might achieve 100% literacy in the coming years.
Written by: Devika Bharany, TEGS
