Education in India - constitutional framework & generic challenges

Under Constitutional Division of Power, 'Education' is a subject under the CONCURRENT LIST (42nd Constitutional Amendment Act) thus imparting equal responsibility to both States & Centre.

Following are important constitutional provisions wrt education : 

Article 21A - the 86th CAA made Right to Education a Fundamental Right of children aged between 6 to 14 to get elementary education.

• In 2009 Parliament enacted Right to Education Act commonly known as RTE.

[Note : Child Labour (Prohibition And Regulation) Amendment Act, 2016 defines adolescent has been defined as a person between the ages of 14-18 years. It permits employment of adolescent labour except in hazardous processes or occupation.]

Article 28 - Freedom as to attendance at religious instruction or religious worship in certain education institutions.

Article 45(DPSP) - Provision for free and compulsory education for children

Article 51A(k) - makes it Fundamental Duty "to provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years as the case may be."
 As an ancient Sanskrit shloka says :

meaning, those parents are like enemy, by whom the child is not educated. (Because an uneducated person) doesn't grace the (august) assembly, as the crane amongst swans. 

Article 350A - It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.

Common Challenges wrt Public Education in India 

• Low Literacy Rate : 74.00% (2011 census) vs China/Brazil >90%
• Finance : Low budgetary support  ~4% of GDP(demand of 6% since Kothari Commission, 1965)
• Inadequate infrastructure : e.g. of separate toilet for boys-girls, proper desks, computer etc.
• Accessibility  
• Quality - poor teaching quality,  Poor learning outcome; preference for private school,   
• Not Inclusive - women, tribal , minority
• High Cost(elitist) especially in higher education leading many to drop out

Part of Educating the Nation series