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> RECOMMENDATIONS - RIGHT TO EDUCATION
  Right to Education
 

20th October 2006

Dear Mr. Prime Minister,

The National Knowledge Commission has been examining a range of issues related to school education, including access, quality and other issues. We believe that providing universal access to quality school education is a cornerstone of development and a minimum necessary condition for any progress towards making India a knowledge society. We are in the process of extensive consultations and will make detailed recommendations on various issues relating to school education at a later date.

However, at this point we would like to respond specifically to the recent initiative of the central government of sending a model Right to Education Bill to the Secretaries of State Education Departments, with incentives for the state governments to enact this bill. We have perused the bill and consulted with a wide range of experts and educationists. We feel that the model bill is flawed for a number of reasons, and most importantly that such legislation must be enforced by the central government following upon the commitment made in the Constitutional Amendment Article 21A. We recognise that there may be concerns about federalism, since school education is dominantly the responsibility of the state governments at present.

However, we feel that this matter can be resolved through an appropriate central legislation which takes into account the following proposals:

1. Central legislation: Legislation at the national level is required to affirm the Right to Education, which is a fundamental right mandated by Article 21A. Since it cannot be dependent upon which state a citizen is resident in, a model bill sent to be enacted individually by State Governments is not adequate to meet the constitutional responsibilities of the Government of India. Therefore, a central legislation should be enacted along the lines of the Panchayati Raj (Amendment) Act, requiring the states to enact Right to Education Bills within a specified time period, and with the primary financial responsibility for this resting with the central government.

2. Financial commitment: The Central Government must provide the bulk of the additional funds required to ensure the Right to Education. Therefore there must be financial provision in the central legislation, requiring the central government to share the revenues of the Prarambhik Shiksha Kosh with state governments and to provide additional resources as required to meet the requirement of ensuring the right to education for all children. Estimates for the additional resources required to achieve the goal of universal elementary education currently range from 0.8 per cent to 2.5 per cent of GDP, depending on the criteria used. However, the required financial resources are likely to be at the lower end of these estimates, since there is already close to universal provision in several states and there has been recent progress in providing more access through the Sarva Shiksha Abhiyan in other states.
   
 
 

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