Legal History of Education in India – Post Independence

After the freedom of India the blueprint of the Educational Improvement of the nation had been set somewhere around the B. G. Kher Committee Report of 1948. This report assessed the cost of the different projects and phases of educational advancement. It additionally guaranteed programs for educational advancement for all areas and states.

Accordingly, the Government of India had taken another huge step to designate the Radhakrishnan Commission in 1949. It was proposed that there was a need to shape the education framework in India and furthermore requirement for upgrades and augmentation prerequisites for the present and fate of the nation.

After the freedom of India, the Secondary Education Commission known as Mudaliar Commission 1952 was designated by the Government of India in term of their Goal to acquire changes the current Education System furthermore, improve a Nation. As per this commission the following significant suggestions were made: hierarchical example of optional education, association of auxiliary school educational program, course books, technique for instructing, discipline, good and strict education, direction and guiding, oversight and Inspection”.

Additionally, the Government of India named an International group of eight specialists in 1954 which was known as the Ford Establishment term. The Government of India had chosen in cooperation with Ford Institution term to concentrate in more noteworthy detail the significant proposals of Secondary Education Commission. It suggested that the educator preparing establishments ought to incorporate show or lab schools where trials are made in educational program development and reformist strategies for educating are utilized”.

The Piers Committee Act, 1956 had suggested that handy work ought to be given as much weight age as the hypothesis parcel in educator preparing”. Also, the Education Commission Act, (1964-66) otherwise called the Kothari Commission demonstrated a distinct fascination for instructors’ education. It saw that a sound program of expert education  for educators was fundamental for the subjective improvement in education at all degrees of instructor education  to meet the prerequisites of the public arrangement of education “.  

From that point, the National Policy on Education came into presence in 1968. It joined the proposals made by the Education Commission (1964-66). It likewise made proposals with respect to the administration conditions of instructors expressing that scholarly opportunity of educators and administration education ought to be sufficient and good with regard to their capabilities and obligations”. The primary Asian Conference on Teacher Education (1971) suggested that the projects of school education and educator education in every nation ought to be adjusted to meet the new difficulties.

The National Commission on Teachers (1983-85) selected by the Government of India under the chairmanship of Prof. D. P. Chattopadhyaya. It made a number of suggestions for the improvement of the educational cycle with respect to the choice of students for the showing calling”. Other than this, when the Government of India reported a New Educational  Policy in 1985, the National Policy on Education was delivered in 1986. The significant proposal made was that educator education is a ceaseless cycle and its preserves in-administration sections are indistinguishable”.  

The Acharya Ramamurthi Review Committee (1990) suggested that in-administration and supplemental classes ought to be identified with the particular needs of instructors and that assessment what’s more, development ought to be essential for the plan. The Yashpal Board (1993) gave rules in regard of the substance and procedure of instructor education “. The National Curriculum Framework (NCF) 2005 expressed that the educator currently goes about as a facilitator, changing data into information/astuteness, as an ally in improving learning through various introductions, urging the student to consistently accomplish his/her educational goals”.  

Likewise, the National Knowledge Commission (2007) has gained significant ground in school education since autonomy regarding generally speaking literacy, institution also, all inclusive access and enrolment in schools”.  The National Curriculum Framework for Teacher Education (NCFTE) 2010 featured that the education and preparing of a planned instructor to be successful enough ought to be conveyed by skilful and expertly qualified instructor teachers. It additionally prescribed that to improve the nature of instructor education; the National Council for Teacher Education (NCTE) should take up a few activities together with the Public Assessment and Accreditation Council (NAAC) to bring quality.

 At last, as indicated by the Teacher Education in Five Year Plans, in long term plans instructor education got 10% portion of the complete education, coming about into an expanded yield in preparing schools and trade schools”. The, 86th Amendment to the Constitution, the Right to Education Act 2009 gives free and general rudimentary education to all youngsters between the age of six and fourteen a long time. As per this Act, the Central Government has confined a subordinate enactment, the Model Rules, and furthermore gives rules to each state to actualizing the Act.

In the Indian Constitution it was expressed in Article 21A that the State will give free and necessary education to all offspring of the age six to fourteen years in such way as the State may, by law, decide”.  So also, Article 45 expressed that the State will try to give youth care furthermore, education for all youngsters until they complete the period of six years”. Under Article 51A (k) it is expressed that whoever is a parent or watchman is to give chances to education to his youngster or by and large, ward between the age of six furthermore, fourteen years”.

Notwithstanding the presentation and change to proclaiming the right to education as an essential right, there are a few states in India which have passed enactments for making essential education mandatory. As indicated by these Acts, it stays unenforced because of some financial, social, regulatory and money related variables. With the Supreme Court revelations, it is to be seen whether the State apparatus is set to attempt to uphold the right, and furthermore to actualize the State-level enactments, which look to give free and obligatory essential education.

Along these lines, the issue would be of enforceability and not one of reasonability. The Constitutional arrangement defending the Right to education The 86th amendment of the constitution in India in 2002 got inserted Article 21-A which is, free and mandatory education for all the youngsters between 6 to 14 years of age. This article made education an essential appropriate for each youngster.

The Right to Education (RTE) Act, 2009 under Article 21-A, implies that each youngster has the option to concentrate in the school in an appropriate way with the end goal that it must fulfil fundamental guidelines. Article 21-A and RTE act came into power on 1 April 2010. The RTE demonstration fundamentally bolsters and empowers “free and necessary” education. Here, free education implies that none of the youngster is permitted to pay any expense or any sort of charges for finishing and getting education aside from the kid whose guardians are there who are fit for paying charges and managing all different sorts of costs for their kid identified with considers.

Furthermore, necessary education  implies that it is the obligation of the legislature and concerning neighbourhood specialists to check for legitimate participation of the understudies, to guarantee appropriate affirmation and furthermore to take care for the satisfaction of major education of each youngster.

Features of Right to Free and Compulsory Education Act, 2009

The Right to Education (RTE) Act comprise of the accompanying measures.

  • Each kid has the crucial option to free and mandatory education.
  • The RTE demonstration makes rules for the non-conceded understudies to be conceded at a legitimate age to the predefined class.
  • It indicates various obligations to the neighbourhood specialists and government to guarantee to give free and mandatory education. It additionally sets down standards with respect to Pupil Teacher Ratios (PTRs).
  • It additionally guarantees that the work of each instructor whether in metropolitan or in country territories is in a decent way, and ought to keep up a legitimate proportion.
  • It likewise set down standards for keeping up the institution of the schools, legitimate working hours for the educators and so on.
  • It likewise recommends utilizing prepared and accomplished educators.

Right to Education and Provisions in the Indian Constitution

Article 21A (1) expresses that the State will give free and mandatory education to all citizens of the age of six to fourteen years”.  The Directive Principles of State Policy identified in our constitution set out that the state will give free and obligatory education to all Children up to the age of 14 years”.  The privilege to education up to fourteen years as a central right is just an ongoing event.

Anyway it has been very not quite the same as that of the other sacred social rights, the principle reason being that Article 45 of the order standards gave an altogether different guarantee than different sections inside the Constitution as it forced a period cut-off of ten years to actualize the option to free and obligatory essential education. Article 45 is the main article among all the articles in Part IV of the Constitution, which talks about a period limit inside which this privilege ought to be made legitimate.

The composers of the Indian Constitution knew that for the acknowledgment of an individual’s capacities and for full assurance, Right to education was a significant device. Notwithstanding Article 45, the privilege to education has been added in Articles 41 and 46 of the mandate standards too. The hypothesis of the integral nature of rights announced in Part III and Part IV, and the agreeable translation of these rights has been the establishment for the acknowledgment of essential education being announced a basic right today in India.

The Constitutional 86th Amendment Act was passed in 2002 also, inserted in the Constitution as Article 21A. This Correction Act, 2002, made three explicit sections in the Constitution to encourage the acknowledgment to give free and necessary education to youngsters between the age of six and 14 years as a crucial right. While including Article 21A in Part – III of the crucial rights and somewhat adjusting Article 45, it additionally included another condition (k) under Article 51A of the crucial obligations and it expressed that the parent or gatekeeper is answerable for giving chances to education to their kids somewhere in the range of six and 14 years.

Right to Education under Article 41 of the constitution lays down that the state will, inside the constraints of its financial limit and advancement” make successful arrangement for tying down the privilege to education. Article 45 of the Constitution gives that the State will give youth care and give necessary education to all kids until they complete the age of six years”.

 Articles 29 and 30 which are consolidated in the part III of the Constitution as basic rights, likewise lay down the accompanying arrangement as to right of education:

“No resident will be denied entrance into any educational institution kept up by the State or accepting guide out of State assets on the grounds just of religion, race, position, language or any of them”.


The current Act has its set of experiences in the drafting of the Indian constitution at the hour of Independence however is all the more explicitly to the Constitutional Amendment of 2002 that incorporated the Article 21A in the Indian constitution making education an essential right. This revision, notwithstanding, determined the requirement for an enactment to portray the method of usage of a similar which required the drafting of a different Education Bill.

An unfinished copy of the bill was made in year 2005. It got a lot of resistance because of its obligatory arrangement to give 25% reservation to burdened kids in tuition based schools. The sub-panel of the Central Advisory Board of Education (CABE) which arranged the draft Bill held this arrangement as a critical essential for making a popularity based and libertarian culture. Indian Law commission had at first proposed half booking for impeded understudies in non-public schools.

The bill was affirmed by the bureau on 2 July 2009. Rajya Sabha passed the bill on 20 July 2009 and the Lok Sabha on 4 August 2009. It got Presidential consent and was informed as law on 26 August 2009 as The Children’s Right to Free and Compulsory Education Act. The law applied in the entire of India aside from the province of Jammu and Kashmir from 1 April 2010, the first run throughout the entire existence of India a law was brought into power by a discourse by the Prime Minister.

In his discourse, Manmohan Singh, Prime Minister of India expressed that, “We are focused on guaranteeing that all kids, independent of sex and social class, approach education. Education that empowers them to gain abilities, information, qualities and perspectives is important to become mindful and dynamic residents of India.” On 7 May 2014, the Supreme Court of India decided that Right to Education Act isn’t appropriate to minority establishments.

Click Here to read about the Right to Education and Judicial Contribution.

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