FAQs on the RtE
The Right to Free and Compulsory Education Act 2009 was passed by the Parliament in August 2009, and after receiving Presidential assent immediately thereafter, it was notified for implementation from April 1, 2010. The 86th amendment that provides the children of India, in the age group 6 to 14 years, a fundamental right to free and compulsory education was simultaneously notified the same day. It has now been three months since the implementation of the Act but questions are still looming in the minds of people. The Act is still a puzzle to many. To ease the understanding of the Act, Vinod Raina, a member of the CABE committee that drafted the Act, has put together a few FAQs. While the original document contains more than 80 questions, Teacher Plus presents here a few of the more relevant ones. What was the sequence of events leading to the 2009 Act? After the 86th amendment in December 2002 the following actions took place: 2003: The Free and Compulsory Education For Children Bill, 2003 (NDA government) 2004: The Free and Compulsory Education For Children Bill, 2004 (NDA government) 2005: The Right to Education Bill, 2005 (June) (CABE Bill) (UPA I government) 2005: The Right to Education Bill, 2005 (August) (UPA I government) 2006: Central legislation discarded. States advised to make their own Bills based on The Model Right to Education Bill, 2006 (UPA I government) 2008/9: Central legislation revived. The Right of Children to Free and Compulsory Bill, 2008, introduced/ passed in Rajya Sabha and Lok Sabha. President’s assent in August 2009. However, the notification of the Act and the 86th amendment, issued on Feb 19, 2010 in the Gazette of India, stated that implementation will begin from April 1, 2010, eight months after the presidential assent. (UPA II government). Notice that the word ‘Right’ was missing in the first two drafts of the Bill and was used from the 2005 CABE bill onwards. The central legislation was dropped in 2006 in preference to state legislations based on a token model bill draft, for the recurring ‘lack of central resources’ argument, but it was intense public pressure based on independent financial estimates that made it possible to revive and bring back the central legislation in 2008. Where do existing State Acts on Education stand in relation to the RtE Act? They would have to be brought in conformity with the Central Act. As per article 254 of the Constitution reproduced below, a State Act cannot violate the