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CHAPTERISATION
INTRODUCTION. 4
EDUCATION: MEANING, ORIGIN, HISTORY 7
RTE: EVOLUTION AND JUDICIAL CONTRIBUTIONS.. 14
LEGISLATION RELATED TO RTE... 18
CONCLUSION.. 23
BIBLIOGRAPHY











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A AC CK KN NO OW WL LE ED DG GE EM ME EN NT T
For this project has involved over one month time of researching and writing. This project has been
helpful in enriching my knowledge and clearing my concept about the topic. Many people have been
extraordinarily generous with time, information and counsel. So with pleasure, I would like to
dedicate a paragraph to them. But I shall hope that each of the individuals and institutions named
will appreciate the extent and warmth of my gratitude to them.
I ns t i t ut i ons
The library staff of Chanakya National Law University, Patna who helped me during the entire period,
with books and other materials for the accomplishment of this project work.
I ndi vi dual s
These are divided into several groups, beginning with those friends, colleagues, and mentors who
supported me all through the project work. In no particular order, they are: my honourable faculty
DR. SHIVANI MOHAN and librarian RATNESH KUMAR and others.
Last but not least I would like to thank Almighty whose blessing helped me to complete this project.
















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R RE ES SE EA AR RC CH H M ME ET TH HO OD DO OL LO OG GY Y
Aims and Objectives:
The aim of this research paper is to present a detailed study RIGHTS TO EDUCATION
Scope and Limitations:
The researcher has used the doctrinal method and has relied on the secondary sources for the
content of the research paper. Owing to the large number of topics that could be included in the
project, the scope of this research paper is exceedingly vast. However in the interest of brevity, this
paper has been limited to the topics which deal with the topic i.e RIGHTS TO EDUCATION.

Sources of Data:
The following secondary sources of data have been used in the project-
Articles
Books
Writing

Method of Writing:
The method of writing followed in the course of this research paper is primarily descriptive as well as
analytical.

Mode of Citation:
The researcher has followed a uniform mode of citation throughout the course of this research




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INTRODUCTION
The aim of education is to promote personal development, strengthen respect for human
rights and freedoms, enable individuals to participate effectively in a free society, and
promote understanding, friendship and tolerance. The right to education has long been
recognized as encompassing not only access to educational provision, but also the obligation
to eliminate discrimination at all levels of the educational system, to set minimum standards
and to improve quality. In addition, education is necessary for the fulfillment of any other
civil, political, economic or social right.
In India, there were 331 million children between the ages of 0-14. Of these 179 million were
between the ages of 6-14 and 90 million of these children do not go to school. A large
number of them are child workers, street children or child laborers. Obviously the State has
failed in its duty to provide free and compulsory education even in sixty years. The activist
phase of the Supreme Court during recent years included the declaration of the right to
education up to fourteen years a fundamental right. The journey of the right to education
from being initially enumerated in the directive principles to being declared a fundamental
right has been a huge struggle and a triumph, for activists, child rights advocates,
educationists and NGOs working on education all over the country. This journey however has
been quite different from that of the other constitutional social rights, the main reason being
that Article 45 of the directive principles gave a very different promise than the other
provisions within the Constitution as it imposed a time-limit of ten years to implement the
right to free and compulsory primary education. Article 45 is the only article among all the
articles in Part IV of the Constitution, which speaks of a time-limit within which this right
should be made justifiable. Therefore, it was clear that when the Constitution of India was
adopted in 1950, the framers of the Constitution were aware that for the realization of a
persons capabilities and for full protection of her rights, education was an important tool.
Thus, in addition to Article 45, the right to education has been referred in Articles 41 and 46
of the directive principles as well.
Education as a necessary means of achieving socio-political justice was largely ignored until
the 1992 Supreme Court judgment in Mohini Jain v. State of Karnataka
1
. In this case, the
two-Judge Bench of the Supreme Court, while declaring that the charging of capitation fees
as illegal and categorically held that the right to education flows directly from the right to

1
AIR 1992 SC 1858
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life as the right to life and the dignity of an individual cannot be assured unless it is
accompanied by the right to education, and the fundamental rights guaranteed under Part
III of the Constitution of India, including the right to freedom of speech and expression and
other rights under Article 19 cannot be appreciated and fully enjoyed unless a citizen is
educated and is conscious of his individualistic dignity.
The declarations of the right to education as a fundamental right, has been further upheld and
recently confirmed by the eleven-Judge Constitutional Bench of the Supreme Court in T.M.A.
Pai Foundation v. State of Karnataka5 and Islamic Academy of Education v. State of
Karnataka
2
. The Supreme Court, in P.A. Inamdar v. State of Maharashtra7 accorded wide
freedom to private non-State funded educational institutions and made them beyond State
control and regulation. In, Prof. Yashpal v. State of Chhattisgar
3
h held that the importance to
the overall quality and standard that is to be maintained in institutions of higher education
and accords primacy to the Union Governments policies on education. Thus, constructing a
fundamental right to education from a long-ignored directive principle as presented in Unni
Krishnan as merely an example of the old idea that the directive principles furnish the
technology of construction of Part III and now as a swayambhu (self-manifesting) aspect of
new judicial power. The Amendment to the Constitution which sought to introduce a change
to Article 21 of the Constitution to make the right to primary education for children up to the
age of 14 a fundamental right. This sparked off a nationwide campaign spearheaded by
NGOs working with various aspects of childrens rights to pressurize the Government into
passing the Amendment Act. The Amendment was finally passed in 2002 and inserted in the
Constitution as Article 21A. Finally, The Constitutional 86th Amendment Act, 2002, made
three specific provisions in the Constitution to facilitate the realization of free and
compulsory education to children between the age of six and 14 years as a fundamental right.
These were (i) adding Article 21A
4
in Part III (fundamental rights), (ii) modifying Article
45
5
, and (iii) adding a new clause (k) under Article 51A
6
(fundamental duties), making the
parent or guardian responsible for providing opportunities for education to their children
between six and 14 years. After much dithering for almost seven years subsequent to the 86th

2
2003 (6) SCC 697
3
2005 (6) SCC 537
4
Article 21A : The State Shall provide free and compulsory education to all children of the age six to
fourteen years in such manner as the State may, by law, determine.
5
Article 45 : The State shall endeavour to provide early childhood care and education for all children
until they complte the age of six years.
6
Article 51A(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.
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Amendment to the Constitution, the RTE Act, 2009
7
received Presidential assent on 26
August 2009, taking forward the agenda of free and universal elementary education. On the
basis of this Act, the centre has framed a subordinate legislation, the Model Rules, which are
guidelines to states for implementing the Act.























7
Act 35 of 2009, The Right to Children to Free and Compulsory Education Act, 2009,published in The
Official Gazette of India, Extraordinary Part-II Section-I, No.39 on Thursday, 27th August,2009.

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Education Meaning, Origin, History

MEANING, DEFINITION AND PURPOSE OF EDUCATION:
The world education comes from the Latin world e-ducere, mean to lead out. It is indeed,
difficult to define education. Education is a relentless process of becoming16. To the human
being we educate and to the animal we train. According to Wikipedia Encyclopedia,
education in the broadest sense is any act or experience that has a formative effect on mind,
character or physical ability of an individual. In its technical sense education is a process by
which society deliberately transmits its accumulated knowledge, skills and values from one
generation to another. Education is the basis for development and empowerment for every
nation. It plays a vital role in understanding and participating in day to day activities of
todays world. It builds ones character and plays a significant role in transmitting ones
culture, belief and values to others in society.
8
It helps in creating innovations and meeting
the growing needs of every nation. The development of a nation is not measured through the
buildings it has built, the roads it has laid down, bridges it has constructed but by the human
resources, the nation has developed through a well-defined system of education. Although the
physical facilities are usually important they are perishable and valuable. In the absence of
proper education, the nation can hardly develop these and maintain them. Education is
therefore more crucial factor not only to equip the new generations with skills so essential for
earning a livelihood but also to create among them an awareness to social and environmental
realities and inculcate in them scientific temper, independence of mind and spirit which are of
paramount importance for them to become responsible citizens
9
. Dr. Radhakrishnan has
rightly said that: A civilization is not built of bricks, steel and machinery, it is built with
men, their quality and character. So the true aim of education is to develop in the body and
in soul all the beauty and all perfection of which they are capable
10
.


8
[Link] Karan Reddy, (1979) Man Education and Values, New Delhi: B.R. Publication, at 50
9
[Link] and Rakhi Poonga (1997) Free and Compulsory Education, New Delhi: Deep and Deep publication,
at 1.
10
Jagannath Mohanty, (1982), Indian Education in the Emerging society, at 150.

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Development of Education in Vedic Period
It was particularly observed in one of the Upanishads He who is possessed of supreme
knowledge by concentration of mind, must have his senses under control, like spirited steeds
controlled by a charioteer. From the Vedic age downwards the central conception of
education of the Indians has been that it is a source of illumination giving us a correct lead in
the various spheres of [Link], says one thinker, is the third eye of man, which gives
him insight into all affairs and teaches him how to act. To attain salvation by realizing the
truth has been the aim of education, during this period. Only that education was regarded true
which helped one to realize the supreme truth. According to the Upanishads truth alone is
the knowledge and other worldly nowledge is untruth. The worldly knowledge was regarded
as ignorance. Upanishads maintain that one cannot attain salvation through worldly
knowledge because through this one becomes involved in illusion (Maya).

The Important Place of the Teacher:
During this period the teacher (Guru) enjoyed a predominant place not only in his Gurukul
(seat of learning) but in the entire society. He was regarded as a great guide for all. To his
pupils he showered all love and affection and used to teach them whatever he knew, but
before doing this he always tested the deservingness of a particular pupil. The pupils were
free to discuss any points freely with the Guru.

Varna System and Education in Society: - The Varna system in the Vedic age was
based on ones work or duty (Karma). Members of a family used to engage themselves in in
different types of work (profession) and their work decided their Varna. During the Vedic
period one could choose a particular profession as he liked and accordingly his Varna was
determined. But during the Post-Vedic period Varna came to be determined by birth.
Consequently the whole society was divided in to four Varnas

Brahman
Kshatriya
Vaishya
Shudra
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The Brahmans occupied the supreme position and enjoyed more rights. Kshatriyas resented
their superiority. Consequently a clash ensued between Brahmans and Kshatriyas. In the
clash Kshatriyas won over Brahmans and took administrative powers in to their hands. In the
Varna system the Brahmans and Kshatriyas became redominant. The Vaishyas and Shudras
came into lower groups. In Varna hierarchy Shudras were kept at the lowest order of society.
Thereafter, they were regarded as untouchables and they were denied all social and religious
rights. Vaishyas remained superior to Shudras. Vaishyas divided themselves into professional
groups such as goldsmith, blacksmith, potter, cobbler, milkman, and sweet-seller etc. he
Post-Vedic literature does not contain much about the education of Vaishyas and Shudras.
Agriculture was the main occupation of Vaishyas during this period.

Buddhist Educational system
This brings us to another question. What was the Educational system of Buddhists. Buddhists
had their own educational system and was entirely based on different principles. Buddhists
never believed in caste distinctions, they believed in equality of all men, they believed in
equal status to women. Even after the fall of Buddhism, the education system continued
through the siddhas. The students used to utter om namao siddam at the start of their
studies. The present ganeshay namah is quite recent. The remnant of this system of siddhas,
the word onama meaning beginning a corrupted form of om namah siddhamstill exists in
Marathi language. To understand the difference between Brahmanic and Buddhist methods of
education is a crucial point which should not be missed if one wants to realize the
implications of the education system in Indian society. The ancient India was known all over
the world for Buddhist Education, not Brahmanic. Brahmanic education was essentially a
single individual teacher with his small group of disciples and pupils at his residence. On the
other hand, Buddhist system is institutional i.e. monastic. This difference is significant,
leading to different lines of evolution.
Jain system of Education
Jainism is much more ancient faith than Buddhism. Jainas or Tirthankaras are founders of
Jainism. There were twenty three teerthakaras before Mahaveera, who was a contemporary of
Gautama Buddha (6th century BCE) and is credited with formulation of a sect known as
Jainism. Jainas laid great stress on right knowledge and right conduct for self-realization. It
was a full-fledged sect with well-organized sanghas in north before arriving in Karnataka.
Scholars differ in their opinion on identity, date and time of the entry of first Jaina preceptors
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in the South. Jaina traditional accounts and literature state that the great ascetic Bhadrubahu
was foretold about a calamity and famine of twelve years in the north and migrated with his
disciple Chandragupta and the entire sangha or community of ascetics to Sharavanabelagola
in the fourth century BC. Chandragupta, the disciple is identified with Chandragupta Maurya,
grandfather of Emperor Ashoka who ruled from 322 B.C. 298 B.C Another theory is that
Chandragupta was a grandson of Ashoka, who was Jaina by faith. However, it is generally
believed that arrival of sage Bhadrubahu in the third century before the Christian era laid the
foundation of Jainism in Karnataka. Shravanabelagola (Hassan District) became a great
center of pilgrimage and learning. It has retained this unique honour for more than twenty-
three centuries now! Very few places in the world can claim this long uninterrupted tradition
of learning and imparting religious education. Most of the education in ancient times was
imparted orally and the students had to listen attentively. Sravana or Samana (listening) came
to be identified with student ascetics who were supposed to be ardent listeners of a gurus
teaching. Belagola means white and pure lake. The great lake between two hills is so clean
and sparkling that the surroundings are clearly reflected in the water. Shravanabelagola and
its surroundings teem with monuments and inscriptions and epitaphs. They latter erected in
memory of great gurus and preceptors, who provided life-long spiritual guidance to monks
and masses. Similarly a number of epigraphs on the hillocks of Chikkabetta and Doddabetta
bear witness to the continuous tradition of unflinching devotion of the Jaina disciples towards
their gurus.
Education in Ancient India
Secondary Education coincides with education of grades 6 through 12 or the second stage of
education that commences after primary education and continues up to beginning of higher
education. In the early Vedic period (2000- 1000 BC) education was a family responsibility,
being given by the father to the son. In the later Vedic age (1000-500 BC), the age of
UPANISADS, education was institutionalized and it look a definite shape. In this period
Brahmanic education entered Bengal. With the formal ceremony of Upanayan the guru or the
teacher accepted his pupil. The normal age of upanayan was 8 for a Brahman, 11 for a
Kshatriya and 12 for a Vaishya. The gurus home was the school where the pupils lived for
the whole period of education as a member of the family. Thus a residential feature was seen
in the education imparted in ancient India. No tuition fees was charged but pupils used to
render personal manual services. In the early Vedic schools, education was confined to young
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Brahmans. In the later Vedic period before 500 BC, the education of the Kshatriyas and
Vaisyas came under Brahman control.

Education in Muslim period
Since the establishment of Muslim rule in India (around 1204-1206), Bengal was ruled as a
province of Delhi empire and sometimes it was an independent state. The Subahdars, the
independent rulers and Nawabs established maktabs and Madrasahs as educational
institutions. Maktabs provided primary education and madrasahs were seats of secondary
education and higher learning. The madrasahs of Bengal were in a flourishing condition
during Muslim rule. These were run with state funds. The nobility and the private individuals
were also found to set up and run madrasahs at their own initiative. Many illustrious scholars,
administrators and officials were graduates of madrasahs in Muslim Bengal. In the school of
Shah Mubarak his sons Faizi and Abul Fazal, historian Badauni and other scholars studied. In
the madrasah run by Sharafuddin Abu Taoama in Sonargaon students studied both secular
and religious subjects. During the rule of emperor Shahjahan the madrasahs of Jahangirnagar
specialized in teaching science, theology, philosophy and mathematics. Madrasah education
was free. The teacher enjoyed high status in the society. The courses of madrasah generally
included other Islamic studies. Secular subjects such as history, logic, geography, algebra,
astronomy, medical science, chemistry and other technical, vocational, professional subjects
were more cultivated in some centers. The medium of instruction was Persian but Arabic was
compulsory for Muslims students. Teaching of history was one special feature of madrasah
education during Muslim period. As a result, there learning centers could produce some
illustrious historians in the subcontinent. Generally Muslim students studied in madrasah.
Akbar adopted a policy so that Hindu youths can study at madrasah.

Education in British Period
European trading companies began their commercial activities in India from 1600 AD.
Gradually, the Portuguese, the French, the Dutch and the English settled in some important
parts and commercial centers. Among them the English East India Company was ultimately
able to establish their rule in India. Till the early 19th century, they did not evolve any
definite educational policy. It was only in the Charter Act of 1813 that education of the
Indian people was included within the duties of the East India Company and an annual sum
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of 10,000 pounds was provided for their educational activities. However, the company
mainly spent the money for oriental learning. The progressive reformers of Bengal such as
Rammohan ROY protested against this and demanded western education for the people of
this country. But the company did not pay any attention to this. However, as per the Charter,
missionaries were allowed to work in the country. This had great impact upon the
development of modern type of English schools at primary and secondary levels. One of the
important events of this period was the endorsement of Macaulays Minute in Lord
BENTINKs Dispatch of 7 March 1835, which provided that western learning should be
spread through the medium of English language. Use of English as medium of instruction in
public education was announced as a formal policy. As a result, a good network of English
high schools and colleges
were established in Bengal, mostly due to government initiative and support. The new high
schools demonstrated fairy high standard of instruction in language and literature, but their
standard was low in practical subjects. The syllabus was mainly bookish.
On the eve of the Partition of Bengal in 1947, two types of schools, middle school and high
schools provided secondary education. Middle schools offered education of grades one
through six and high schools grades seven through ten. There were nearly 20,000 middle
schools and 2,000 high schools. More than a half of them were supported from tuition fees
and donations contributed by the people. Less than 40% of the high school received grant-in-
aid from the state. Forty schools were directly supported by the state. For teachers training of
middle school there were five normal schools. Two training colleges, one in Calcutta and the
other in Dhaka were set up to train high school teachers.








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RIGHTS TO EDUCATION : EVOLUTION AND JUDICIAL
CONTRIBUTION:
Right to education under the Indian System

Article 41 of the constitution lays down that the state shall, within the limits of its economic
capacity and development, make effective provision for securing the right to education.
Article 45 of the Constitution provides that the State shall provide early childhood care and
compulsory education for all children until they complete the age of six years. The right to
education up to the age of fourteen years has been raised, by the decision of the Supreme
Court, in UnniKrishnan v. State of A.P.,
11
to the level of fundamental right. It was held by
the court that right to education flows directly from right to life under Article 21. The
constitution (86th) Amendment Act, 2002, inserts new Article 21 A in the Constitution to
make right to education a fundamental right for all children between six and fourteen years of
age. The obligation of state to provide education to the children above the age of fourteen
years would still depend upon the economic capacity and development of the state. Article 46
of the Constitution requires the State to promote with special care the educational and
economic interests of the weaker sections of the people, specially of the Scheduled Castes
and Scheduled Tribes and to protect them from social injustice and all forms of exploitation.
Moreover, Articles 29 and 30 which are incorporated in the part III of the Constitution as
fundamental rights also lay down following provisions in regard to right of education.
(i) No citizen shall be denied admission into any educational institution maintained by the
State or receiving aid out of State funds on the grounds only of religion, race, caste, language
or any of them
12
The right to admission to an educational institution is a right of a citizen as
such
13
which cannot be denied on the grounds of religion, race, caste, language or any of
them. An educational institution receiving aid out of state funds cannot refuse admission to
the children belonging to a particular community. Since minorities have rights to establish
and administer educational institutions of their choice they can be permitted to reserve 50%
of the seats for the member of their own community in the educational institutions so
established by them
14
. But institutions cannot be allowed to impart religious teaching within

11
(1993) 1 SSC 645
12
Constitution of India, Article 29(2).
13
State of Madras v. Champak am Dorairajan, AIR 1951 SC 226.
14
[Link] College v. University of Delhi,(1992) 1 SCC 558; AIR 1992 C 1630.
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the premises of the institutions
15
(ii) All minorities, whether based on religion or language,
shall have the right to establish and administer educational institutions of their choice
16

(iii) The State shall not, in granting aid to educational institutions, discriminate against any
educational institution on the ground that it is under the management of a minority, whether
based on religion or Minorities based on religion or language is entitled to establish and
administer educational institution of their choice. The minorities, whether religious or
linguistic minorities, are enabled under Article 30. To establish such institutions in which
general education may be imparted along with religious or linguistic teachings. The right to
establish educational institution does not carry with it the right to receive recognition and
affiliation. However, recognition and affiliation will neither be denied nor be subjected to
such conditions which amounts denial of this fundamental rights41. Minority institutions
receiving aid out of State Fund cannot deny admissions to the members of other
communities.

National Education Policy

A nation is said to be strong and united when divisive forces causing disintegration are totally
absent in it. A nation is socially integrated when all its members enjoy a sense of equality of
opportunities in political, economic and social spheres of activity and when they have mutual
understanding of respect for each others ways of life. The Education Commission (1964-66)
suggested certain steps to create a strong and united country to make people conscious of
what India is and to create an integrated society.

1. The common School System. The educational system as it exists even today is
undemocratic and harmful for national unity and social solidarity. The children of the masses
are sent to schools managed by the government or by the local authorities. The schools
charge either no fees or normal fees. They provide substandard or poor quality education. The
children of the privileged class are sent to the private, fee-charging, better schools.

2. Social and National Service as an integral Part of Education. The commission
suggested that programmers of social and national service should be incorporated in the

15
Sajib kumar v. Principal, St. Paul College, AIR 1957 Cal 524.
16
Constitution of India, Article 30(1)

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education of children at all stages. The programmes should run together with academic
studies in schools and colleges and start from the upper primary stage (V-VII) and continue
up to the university. At the higher primary stage students may be encouraged to serve the
community in a number of ways. Social and national service so organized and made
obligatory for all students at all stages would certainly lead to a decrease in the social
distance between the educated and the uneducated, the intelligentsia and the masses. It will
also help up in evolving a united nation.

3. Evolving a Language Policy for National and Social Integration. The Emotional
Integration Committee regarded the use of regional languages from the primary to the college
level as media of education, a matter of profound importance for national integration. The
National Integration Council (1962) spoke in support of the same view. The education
Commission (1964-66) also agreed with these observations.

JUDICIAL CONTRIBUTION

Right to Education has been recognized as a human right to be protected and preserved. Its
importance has also been recognized by the framers of the constitution under 44 of the
Constitution. So as to convert a Right To Education into a fundamental right to education, the
Courts in India played a vital role.
Mohini J ain Vs. State of Karnataka and others: The observations of the court are
as follows:
The directive principles which are fundamental in the governance of the country cannot be
isolated from the fundamental rights guaranteed under Part III. These principles have to be
read into the fundamental rights. Both are supplementary to each other. The State is under a
constitutional mandate to create conditions in which the fundamental rights guaranteed to the
individuals under Part III could be enjoyed by all. Without making right to education under
Art.41 of the Constitution a reality the fundamental rights under Chapter III shall remain
beyond the reach of large majority which is illiterate. Right to life is the compendious
expression for all those rights which the Courts must enforce because they are basic to the
dignified enjoyment of life. It extends to the full range of conduct which the individual is free
to pursue. The right to education flows directly from right to life. The right to life under
Art.21 and the dignity of an individual cannot be assured unless it is accompanied by the
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right to education. The State Government is under an obligation to make Endeavour to
provide educational facilities at all levels to its citizens.

Unnikrishnan, J P and others Vs. State of Andhra Pradesh and others:-
The Court observes right to education a fundamental right or not In order to treat a right as
a fundamental right it is not necessary that it should be expressly stated as one in Part III of
the Constitution. The provisions of Part III and IV are supplementary and complementary to
each other. Fundamental rights are but a means to achieve the goal indicated in Part IV and
must be constructed in the light of the directive principles. Though right to education is not
stated expressly as a fundamental right, it is implicit in and flows from the right to life
guaranteed under Article 21 having regard to the broad and expansive interpretation given by
the Court. The right to education has been treated as one of transcendental importance. It has
fundamental significance to the life of an individual and the nation. Without education being
provided to the citizens of this country, the objectives set forth in the Preamble to the
Constitution cannot be achieved. The Constitution would fail.

Anilkumar Roy Sharma Vs. State:- The Court observed The rights of a student below
fourteen years to appeared in class VIII board are a facet of right to education guaranteed
under Article 21 of the Constitution.












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LEGISLATION RELATED TO RIGHT TO EDUCATION:

NATIONAL POLICY OF EDUCATION, 1986

On April 20, 1986 a new Educational Policy was places before the Indian Parliament for
consideration and approval. The following objectives of education were particularly
emphasized in this policy.
1. Vocationalizaiton of Education. Particularly, at the secondary stage of education the
curriculum should be job-oriented.
2. To encourage the governmental and non-governmental efforts for wiping out illiteracy and
to emphasize the necessity of adult education, formal education, farmers; education and
open schools.
3. To awaken the people about the various scientific and technological developments and to
make the students at the various stages of education aware of the same in order that they may
utilize them in their future life. Onwards we shall look into some basic details of this new
policy.


1. National Forum of Education: At least 75 percent of the curriculum should be identical
for all the States. The remaining 25 percent may be related to the particular local conditions
of a State. The purpose of incorporation this basic feature is to acquaint all the citizens of the
country with their basic rights and duties, history of the freedom struggle, the common
cultural heritage and national identity.

2. Delinking Degree for any Service: If the compulsoriness of a degree for securing a job is
done away with, many will automatically refrain from obtaining higher education. At the
T.V. centres for the Chaupal for Krishi Darshan Programmes, [Link].(Agr.) has been made as
compulsory for a person conducting them. Similarly, in our country a degree has been made
compulsory for a job. In fact, many students of our colleges and universities have absolutely
no interest in their studies.

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3. Emphasis on Learning: The teacher must not harbour the notion that the child learns
through his teaching alone. In fact, the child learns many more things by himself. Therefore,
the teacher must not emphasize only by teaching procedures in the class-room. The
prescribed curriculum for children does not contain the latest informations of the concerned
subject. Generally, they are four or five years old. So they are not very useful, because they
contain incomplete informations. Therefore the teacher must inspire the students to learn
things on their own as far as possible. The mental development of children should be so
guided that they make understand the utility of knowledge themselves. The education policy
of 1986 has particularly emphasized this point.

4. Education for the Weaker Section of the Society: The education of scheduled castes,
scheduled tribes, handicapped and girls has been greatly emphasized because in the interest
of national progress, their development has been considered necessary. Hence, reservation for
such persons has been recommended in various types of educational institution.

5. Vocationalization of Education: Vocationalization of education has been particularly
been emphasised in this new education policy. As far as possible, education should be given
in a natural environment. The child must acquire some skill in some area of his interest. This
is necessary for a happy life in future. With this end in view this new education policy has
advocated for inclusion of scientific and technical subjects in the curriculum.

6. Emphasis on Reforms in Examination System: It has been suggested in this new policy
that grade should be given in examination the student scoring between 45 to 48 percent of
marks is placed in the second class and those sixty or above are placed in the second class
and those sixty or above are placed in the first class. In this situation the students getting
within the range of 44 and 47 and also only 59 think that they have lost their higher division
by one mark only. This feature develops a kind of frustration and anguish in them. In order to
do away with this situation, this new policy has suggested giving of grades and not class
or division. According to this new policy those coming within the range of 40 to 50 or 45
to 55 will be given B or C grade. A determination of assigning B or C grade will
depend upon the nature of achievements of all the students taking up an examination.
Similarly, appointment of external examiners, too, has been considered as undesirable.

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7. Importance of Moral Values: The importance of moral values has been recognized by
this new policy. The development of healthy moral values in an individual will help him to
depend upon his own efforts and not on his selfimposed destiny. Education is a tool for
bringing in desirable change in a society. Therefore importance of moral values in life should
be pointed out wherever possible in teaching. This method of teaching moral values will be
moral helpful to students.

8. Ever-Continual Primary School: According to this new education policy each primary
school will have at least a two-room-building with at least two teachers. Of these two
teachers, one will be a lady. Each primary school will function throughout the twelve months
a year. Thus all the young children in an area will be receiving primary education.

9. All India Educational Service: In order to tone up educational administration, this policy
has emphasized the necessity of starting an All India Education Service Cadre. Under this
scheme any education officer may be transferred anywhere in the country. It has been felt that
this kind of transfer will weaken the undesirable bond of regionalism and will bring
dynamism in the educational administration. The policy of transfer will dissuade the
education officers from coming into the pressure of politicians in the sphere of their work and
as a result they will be more honest in the performance of their duties.

10. Modernization of Education: Computerization has been suggested in this policy. This
method will be employed in the expansion of literacy. The utility of correspondence courses,
T.V., Radio and Satellite, and Video-cassettes has been accepted for education in this policy.

11. Importance of Sports and Games: In this new policy importance of sports and games
has been recognized because participation in them will maintain the health of children. With
this end in view forming of active committees of sports and games has been particularly
emphasized. Framing of curriculum of small sports and games has also been suggested.





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RIGHT TO EDUCATION ACT, 2009

The Right to Education Bill is the enabling legislation to notify the 86
th
constitutional
amendment that gives every child between the age of six and fourteen the right to free and
compulsory education. But it has been 61 years in the making. It was only in 2002 that
education was made a fundamental right in the 86th Amendment to the Constitution. Six
years after an amendment was made in the Indian Constitution, Government of India
implemented the Right to Education Act on 1st April 2010. More than six decades after
Independence, the Indian Government has made the education, free and compulsory for all
children between the ages of 6 and 14.

Key provisions of the Act: 25% reservation in private schools for disadvantaged children
from the neighborhood, at the entry level. The Government will reimburse expenditure
incurred by schools; no donation or capitation fee on admission; and no interviewing the
child or parents as part of the screening process. The bill also prohibits physical punishment,
expulsion or detention of a child and deployment of teachers for non-educational purposes
other than census or election duty and disaster relief. Running a school without recognition
will attract penal action. The RTE is a detailed and comprehensive piece of legislation which
includes provisions regarding schools, teachers, curriculum, evaluation, access and specific
division of duties and responsibilities of different stakeholders. The key division of duties and
responsibilities of different stakeholders.

The key features of the Right of Children for Free and compulsory
Education Act are:
(a) Free and Compulsory education to all children of India in the 6 to 14 age group;
(b) No Child shall be held back, expelled, or required to pass a board examination until
completion of elementary education;
(c) A child above six years of age has not been admitted in any school or though admitted,
could not complete his or her elementary education, then, he or she shall be admitted in a
class appropriate to his or her age; Provided that where a child is directly admitted in a
class appropriate to his or her age, then, he or she shall, in order to be at par with others, have
a right to receive special training, in such manner, and within such time limits, as may be
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prescribed. Provided further that a child so admitted to elementary education shall be entitled
to free education till completion of elementary education even after fourteen years.
(d) For the purposes of admission to elementary education, the age of a child shall be
determined on the basis of the birth certificate issued in accordance with the provisions of
the Births, Deaths and Marriages Registration Act, 1856 or on the basis of such other
document, as may be prescribed. No child shall be denied admission in a school for lack of
age proof;
(e) A child who completes elementary education shall be awarded a certificate. 180
(f) Calls for a fixed student-teacher ratio;
(g) Provides for 25 percent reservation for economically disadvantaged communities in
admission to Class One in all private schools;
(h) Mandates improvement in quality of education;
(i) All schools except private unaided schools are to be managed by School Management
Committees with 75 percent parents and guardians as members.
(j) School teachers will need adequate professional degree within five years or else will lose
job.
(k) School infrastructure to be improved in three years, else recognition will be cancelled.
(l) Financial burden will be shared between State and Central Governments.
(m) that each privately run school, however small it may be, would be required to obtain a
certificate of recognition from a certifying authority of State Government. Such schools
would have to meet the minimum infrastructure and teacher-student ratio specified in the
RTE Act, and the teacher qualification requirements, in order to be considered for recognition
by the certifying authority.










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CONCLUSION

Education is the most potent mechanism for the advancement of human beings. It enlarges,
enriches and improves the individuals image of the future. As has been observed by
Bartruhari long ago, a man without education is a strange beast. It is pertinent to quote our
Prime Minister Dr. Manmohan Singh, a qualified economist. I read under the dim light a
kerosene lamp. I am what I am, totally because of education. So I want that the right of
education should reach to all. There are certain lacunae in the Act, which are to be overcome
successfully for the children in the age group 6 to 14 years to have access to free and
compulsory education for the enlightenment of their lives. They are
(1) 25% reservation of seats for poor people and etc.,
(2) Paucity of funds,
(3) Cooperation between State and Central Government,
(4) Medium of instruction in Mother tongue,
(5) Various state laws giving effect to right to education and implementation.

The RTE has many provisions for ensuring accountability through decentralization, including
the creation of schools management committees empowered to make plans and monitor
school-level expenditures. But as is well known in India, the devil lies in the implementation.
How effectively these accountability provisions will work on the ground depends on getting
the right design that will ensure accountability and transparency in implementation process.
Despite the flaws in the Act, it is equally important for us to simultaneously ensure its proper
implementation. Besides bringing about design changes, we as responsible civil society
members need to make the Government accountable through social audits, filing right to
information applications and demanding our childrens right to quality elementary education.








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BIBLIOGRAPHY:

Prabhu, Joseph (2006), "Educational Institutions and Philosophies, Traditional and
Modern", Encyclopedia of India
Setty, E.D. and Ross, E.L. (1987), "A Case Study in Applied Education in Rural
India", Community Development Journal
Selva, G. (22 March 2009). "Universal Education in India: A Century Of Unfulfilled
Dreams