ISAS Working Papers

Elementary education in India is defined as Classes I through VIII and this is again sub-divided into primary (Classes I-V) and upper primary (Classes VI-VIII). The Indian Constitution was amended in 2002 through the 86th amendment. This stated that, “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.” In 2009, legislation was passed to give children the right to free and compulsory elementary education. The important strands of this legislation are the following: First, all children between the ages of six and fourteen have the right to free and compulsory education in a “neighbourhood” school. Second, no child can be held back, expelled or required to pass a board examination before the completion of elementary education. Third, schools cannot screen applicants at the admissions stage. Fourth, schools cannot charge capitation fees. Fifth, Kendriya Vidyalayas, Navodaya Vidyalayas, Sainik Schools and unaided schools will have to ensure that 25 percent of their students are from disadvantaged and economically weaker groups. New schools will not be established unless they meet these norms and existing schools have been given three years to comply. Sixth, other than Kendriya Vidyalayas, Navodaya Vidyalayas and Sainik Schools, government schools are exempted from penalties if they do not comply with the provisions. Therefore, barring these three types of schools, there is an effective abdication from the responsibility of delivering elementary education by the government. Seventh, the responsibility of delivering elementary education through neighbourhood schools is on state and local governments, with no clear division of responsibility between the two. There is a lack of accountability and no penalties are proposed on the authorities if delivery is not carried out. The idea is that specific academic authorities, like the National and State Advisory Councils will be established. Each school will also have a School Management Committee, with representatives from local authorities, parents and teachers. Eighth, all schools must comply with pupil/teacher norms and in addition, private schools also have to comply with physical infrastructure rules. However, the pupil/teacher norms are based on the total number of students, so that they allow for multi-grade teaching.