“Education is the difference between humans and animals. It is what enables us to think, reflect, and transcend our basic instincts.” — Aristotle

“Education is the foundation upon which our humanity is built, separating us from the instinctual behavior of animals.” — Thomas Jefferson

“The right to education is the key to all other human rights. It opens the door to freedom and dignity.” — Kofi Annan

“A child without education is like a bird without wings.” — Tibetan Proverb

“To deny people their human rights is to challenge their very humanity. To deny the right to education is to perpetuate inequality and injustice.” — Nelson Mandela

“The right to education is fundamental to human dignity and essential to the exercise of all other human rights.” — UNESCO

India became independent 77 years ago, and the Constitution of India came into effect on January 26, 1950, 74 years ago.

Article 45 ( Part IV) of the Indian Constitution provides as a directive principle of State Policy that “ The State shall endeavor to provide within a period of ten years from the commencement of this Constitution for free and compulsory education for all children until they complete the age of 14 years”. (1952)

Education remained a State Subject until 1976. The 42nd Amendment Act of 1976 brought education under the Concurrent List of the Indian Constitution, mandating both the Centre and State Governments to legislate on Education.

In 2002, Article  51A (k), Fundamental Duties of the Citizen of India in the Indian Constitution, was added. It states that “ who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen years.

This was an insensitive amendment; most of India lives in poverty or the lower middle class. How can a Citizen be burdened by a Fundamental duty that he cannot comply with, especially when the State does not provide adequate infrastructure and funding for education?

In 2009, the Government of India legislated the Right of Children to Free and Compulsory Education Act. The Act provides free and compulsory primary education to all children between the ages of 6 and 14 by the appropriate government or local bodies. This includes the Central Govt., State governments, Union Territories, and local bodies such as Municipal Corporations, Zila Parishad, and Panchayats. The funding was to be done both by the Central Govt and State Govts.

In Unni Krishnan J. P. and Others vs. State of Andhra Pradesh, 1993, a Constitution Bench of the Supreme Court of India construed this to mean that the right to education  (up to the age of 14) had matured into a fundamental right.

Article 21A was added on 1/4/2010 in the Indian Constitution. It states 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.

Article 21A removed that fundamental right in principle in one tyrannical action by allowing the state to create laws it may determine.

In 2020, the Government of India published the National Education Policy, which envisages school education from 3 to 18 years of age, covering a fifteen-year span. The Policy rightly points out that 85 % of cumulative brain development occurs before age 6 and envisages provision for “ Early Childhood Care and Education.”

The timeline above demonstrates how callously Education has been treated by the Central and State Governments for decades.

Education is the magic elixir that differentiates humans from animals. It is the only path for self-actualization and meaningful enterprise, employment, and economic success for Individuals and, consequently, the Republic. Educated and empowered individuals do not need to rely on the Government, the Corporate sector, or MSMEs. They have the power to create employment for themselves.

In November 2023, the Government of India issued a press release announcing free rations to around 800 million people for five years from January 1, 2024, under the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) scheme at a total cost of Rs 11.80 lac crores (US$150 Billion).

About 300 million Indian children, teenagers, and youngsters should be in school or college. If these 300 million citizens do not have the wherewithal to get basic nutrition, they will definitely not get the education they deserve. We can also add at least another 100 million to this number, comprising potential students whose families belong to the lower middle class having meager resources for education.

Does this not mean that we are dooming the future of 400 million children, teenagers, and youngsters by not providing free and compulsory education? That is 29% of our population!

Is Education a Fundamental Right?

Is every child and youngster in India guaranteed free and compulsory education from the age of 3 to Secondary Education and onwards to a Vocational or  College Graduate degree?

Does India have an adequately educated population equipped to handle the challenges of the 21st century ?

techcrisp.org explores

Is free and compulsory education a Fundamental Right? Let’s look at the Preamble of the Constitution of India.

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity, and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

According to the Constitution, the most important part of the Republic is the individual citizen. The Republic and the State (the State, as defined in Article 12 of the Constitution, comprises the legislature, the executive, and any other body under the Government’s control) exist to ensure the realization of citizen’s fundamental rights and protect them. The citizen is a human being; he needs adequate nutrition, healthcare, and education. Without nutrition and healthcare, survival would not be possible.  Without education, survival would not be consequential; the citizen would be deprived of any meaning in life, a sub-human existence doomed to economic failure, loss of initiative and enterprise, and most importantly, loss of dignity.

When born, a child is a sapling. It needs a mentally conducive environment, nutrition, health care, and education until it becomes an adult. With proper nurturing, the sapling will grow into a prosperous, healthy, fruit-bearing tree. If deprived, it will stunt and wilt away.

As per the Late Fali S. Nariman, an imminent Constitutional lawyer, “It is implied in the preamble that the fundamental constitutional values are regarded as indispensable to the pursuit of happiness.”

Anyone who reads the Preamble of the Constitution will intute that free and compulsory education from early formative years to college is a Fundamental Right. Why have successive governments skirted this issue?

A newborn child’s brain has approximately 100 billion neurons. Out of these 100 billion neurons, a child might lose about 3-4 billion neurons by age 3, around 8-9 billion neurons by age 8, and 20 billion neurons by age 20.

A newborn starts with about 50 trillion synapses; by age 2-3, this number peaks at about 1,000 trillion, and by age 3, about 500 trillion synapses have been pruned

A “powerful” brain is characterized by its efficiency, organization, and ability to form appropriate connections as needed.

This early period of brain development is characterized by rapid growth, reorganization, and specialization, which sets the foundation for future learning and cognitive abilities. At this time, the child needs nutrition, a conducive mental environment, and preschool engagement and education.

During the first year of life, rapid sensory and motor development occurs, along with learning to recognize faces and voices, the development of object permanence, and the beginning of language acquisition through babbling and first words. Between 1 and 2 years, there is a significant expansion of vocabulary, improved motor skills, and the beginning of symbolic thinking and self-awareness. Between 2 and 3 years, there is rapid growth in language skills, improved memory, the beginning of imaginative play, and the emergence of self-control and emotional regulation. From 3 to 5 years, there is further language refinement, development of theory of mind, improved social skills and peer interactions, and beginning of basic numeracy and literacy skills. Between 5 and 8 years, children master language, experience rapid development of reading and writing skills, advance in logical thinking and problem-solving, enhance their understanding of abstract concepts and improve their social cognition and emotional intelligence. This period is characterized by remarkable plasticity, with the brain highly responsive to experiences and environmental inputs. The foundations laid during these years have long-lasting impacts on future learning and development.

The New Education Policy 2020, issued by the Govt of India, states, and I quote,

“ Early Childhood Care and Education: The Foundation of Learning, Over 85% of a child’s cumulative brain development occurs prior to the age of 6, indicating the critical importance of appropriate care and stimulation of the brain in the early years in order to ensure healthy brain development and growth. Presently, quality ECCE is not available to crores of young children, particularly children from socio-economically disadvantaged backgrounds. Strong investment in ECCE has the potential to give all young children such access, enabling them to participate and flourish in the educational system throughout their lives. Universal provisioning of quality early childhood development, care, and education must thus be achieved as soon as possible to ensure that all students entering Grade 1 are school-ready.”

Today a majority of our children do not get the nutrition, mental environment and pre school education before the age of 6. Their brains and world view is permanently disabled!

The National Education Policy 2020 is more in tune with time and the needs of the day. NEP 2020 talks about the foundational, preparatory, middle, and secondary stages of school education, which start at three years of age and continue until 18 years of age. The stages are for 5+3+3+4 years. However, the National Education Policy should expand its scope to a 3-4 years Vocational or College education. In today’s world, a school education alone will not suffice.

The Fundamental Right to Compulsory and Free Education should be available from ages 3 to 18 for schooling, followed by a three—to four-year Diploma Course in Vocational, Skill development, or College education. All students should receive a complimentary nutritional breakfast and a mid-day meal. All expenses for books, stationery, laptop/software, internet connection, school uniform, school bags, shoes, and any other expenses shall be provided.

Children are the future of the country, and nurturing them is the primary duty of the State. Healthy and educated children will grow into aspirational and motivated adults who will create new opportunities for themselves and their fellow citizens. They will create business and employment opportunities. They will develop technologies for the betterment of the nation. The unemployment crisis plagues our country because the State has neglected its duty to education.

Two immediate steps are needed:

1.        Suitable amendment in the Constitution

2.        Amendment in the National Education Policy- NEP.

3.        Public debate and setting aside of funds both from the Centre and State for    implementation of the NEP.

Where is the money?

The combined expenditure of both Central and State governments on education in 2023-24 was Rs 828,747 crores. A meager 2.7 % of GDP. The Central Govt funded Rs 73,008 crores for School Education and Rs 47,619 for Higher education.

Out of this, Rs 10,000 crores of grants were provided to the IITs. That turns out to be a subsidy of Rs 10 lacs per student per year! IIT teachers and students are the crème de’la crème of India’s technocrats. Most IIT graduates join Investment and Merchant banking or migrate to the USA for better pastures, while others do an MBA and join the Corporate world, some work in technology as engineers in Indian companies or startups.

They were supposed to develop “ Technology “ for India! IIT faculty and students should let go of their begging bowls, work with industry and earn their upkeep. I am sure companies are dying to collaborate with the IIT’s.

300 million children in this country are not getting a proper school education; how can we subsidize an IIT Engineer US$ 50,000 over four years? Misplaced priorities!

Consider this intriguing fact: it has recently been reported that there are approximately 90 million investors in the Indian stock markets, which have a market capitalization of US$5.5 trillion. Interestingly, all listed companies have employed only 10 million Indians ( 21-22 ). 0.7 % of the total population.

This figure contrasts with the expected GDP of about US$3.9 trillion for this year, resulting in a market capitalization-to-GDP ratio of 1.6. India’s Median per capita income is just US 2,239 ( Rs180,000), which is hardly enough money to stay alive.

If we look beyond the psychedelic lights, rotating mirrors, and smoke, this can mean two things. The educated and affluent India has ringfenced the country’s resources and accumulated a majority of the income and wealth. It makes a lot of sense to keep the majority of the nation underfed, unhealthy, and uneducated.

The second insight is: what if the majority of the country had proper nutrition, health, and education? In that case, they would not need the listed corporations and the Govt naukris. They would create their own India, a more fulfilling and affluent India.

So what is stopping us? It is the pittance that the Central Govt and State governments spend on education. Out of a total budgeted annual spend 2024-25 of Rs 48,20,512 crores, the Central Govt has allocated Rs 120,627 crores to education. 2.5 % of Central budget. The total amount the Centre and States spent in 2023-2024 was Rs 828,747 crores, 2.7 % of GDP. This meager amount ensures that most of the economically deprived children and youth remain uneducated and subservient to the ruling class.

Let us go through the Annual Budget 2024-25 presented in July 2024 and see how mercilessly the Government of India spends our money and how we can get money for Education. This exercise should also be done for State governments too.

As per the Budget presented recently in Parliament, here are some major expenditure heads that raise eyebrows and heckles. These are by way of example; all budget heads have not been covered.

S No

Main Head of Account

1

Ministry of Communication, Investment in BSNL. BSNL lost Rs 26 thousand crores in 2022-23. In the 2024 Budget, the Govt of India plans to infuse Rs 83 thousand crores in BSNL equity this year. BSNL has been continuously making losses, had it not been for the Govt., it would have been wound up as it has a negative networth if a doubtable capital reserve of Rs 40 thousand crores was not used to give it a positive networth. Rs 90 thousand was invested in the previous two years. This plus Rs 83 thousand crores in 2024-25 amounts to Rs. 173 thousand crores.

BSNL has substantial real estate assets; it can sell them and also limit its ambitions, concentrating on strategically important locations in case issues of security are brought in to place

MONEY SAVING POTENTIAL Rs 80 thousand crores

2

Ministry of Home Affairs. The Govt of India has under its control various bodies such as CRPF, CISF, NSG, BSF, etc, with about 1 million personnel. Every year, the Govt spends,

Rs 95 thousand crores on the same. India has a standing Army, Navy, and Air Force of more than a million. Every State and Union Territory has its own police force. The central government has built this large contingent, which is not needed in its entirety. This expenditure can be halved.

The transfer to Jammu and Kashmir on the Police Account is around Rs 42 thousand crores. The Indian Army and Paramilitary forces are also deployed there. Can this expenditure not be cut down by half?

MONEY SAVING POTENTIAL Rs 45 thousand crores + Rs 20 thousand crores

3

Ministry of Agriculture. Out of a total allocation of Rs 112 thousand crores, a whopping Rs 60 thousand crores is spent on the PM-Kisan scheme. Under this scheme, small/marginal farmers are provided Rs 6000 per year in three installments. This is a populist scheme with no short—or long-term benefit.

MONEY SAVING POTENTIAL Rs 60 thousand crores

4

Ministry of Coal. For the last two years, investments have been made in three Public Sector companies amounting to Rs 44 thousand crores. The budget for this year is to invest Rs 19 thousand crores more in these three companies. The lion’s share of approx. Rs 15 thousand crores this year is in Coal India Ltd. In the previous two years, Rs 34 thousand crores has been invested in Coal India. On the one hand, the private sector makes money in the coal sector. On the other hand, the Govt is pumping Rs 20 thousand crores per year in equity every year in three companies, primarily Coal India. These companies can be broken up and sold or even given free to the Private sector, saving taxpayers money. The Govt will earn more in royalties.

MONEY SAVING POTENTIAL Rs 20 thousand crores

5

Ministry of Consumer Affairs, Food, and Public Distribution. In the past two years, a cumulative investment of Rs 54 thousand crores was made in Food Corp of India. This year, an investment of Rs 26 thousand crores is envisaged. FCI has been a drain on resources for a very long time. The Government should find ways to cut it up and privatize its operations.

MONEY SAVING POTENTIAL Rs 10 thousand crores

6

Central Govt has provided a total of Rs 308 thousand crores to National Highway Authority of India in 22-23,23-24 and another Rs 168 K crores in 24-25. Bharatmala Pariyojna Phase I project of Rs. 788 thousand crores is envisaged.

The Comptroller and Auditor of India qualified the accounts in 2023, stating that a whopping Rs 847 thousand crores of assets belonging to the Govt of India had been wrongly depicted as assets of NHAI.

A reading of the Annual Results in light of the CAG report illustrates massive opportunities to save Govt money.

MONEY SAVING POTENTIAL Beyond Comment

7

The Indian Railway’s Account has a Manufacturing and Store Suspense Account of Rs 85 thousand crores. Suspense Account is an euphemism for “ I don’t know where the money went?”

MONEY SAVING POTENTIAL Beyond Comment

The total savings could range from Rs 235,000 crores to Rs 300,000 crores. A similar study of Budgets of the 28 States will result in no less than Rs 400,000 to Rs 600,000 crores. If one were to go into more detail, it would be easy to find up to Rs 700,000 crores for education in the country.

Lastly, I draw your attention to The Economic Survey of India 2024. Here are some excerpts on education that I  quote.

“Para 5.30 The NEP 2020  provides a good framework to realize this objective. It serves as a stimulus for reforming the educational system to increase the employability of the future generation. Implementing the NEP is key to achieving educational outcomes and preparing the youth for participating in the knowledge economy. In addition, new skilling initiatives and revamping the existing skilling initiatives should continue to be of high priority to the Government. The industry itself has much to gain from taking the initiative on this matter with academic institutions rather than leaving it only up to the governments – union and states – to do the heavy lifting. Indeed, it should be the other way around.”

What it means: Don’t depend on the Govt of India at the Centre or the States for Education; we have done a great job till now. Now, the Heavy Lifting should be done by the “ Industry”, whatever that means.

“Para 7.48 The National Education Policy (NEP), launched in 2020 and is presently in its fourth year of implementation, is a policy document that not only encompasses the SDG Goals on Education but also prepares the youth of India to take on the challenges and opportunities emerging from a knowledge-driven economy of the 21st century.”

What it means: We are in the fourth year of implementing the National Education Policy. We can not tell you where we are in terms of progress. Could you give us a clue so that we can publish a white paper ?

The third excerpt from the Preface sums up the government’s stance perfectly.

“The tripartite compact that this country needs to become a developed nation amidst emerging unprecedented global challenges is for governments to trust and let go, for the private sector to reciprocate the trust with long-term thinking and fair conduct, and for the public to take responsibility for their finances and their physical and mental health.”

Signed

V. Anantha Nageswaran

Chief Economic Advisor

Ministry of Finance

What it means. As a Government, we are just going to trust you and let go. You guys need to do something about this country with long-term thinking and fair conduct. The common people better take care of whatever money, physical and mental health they have left. Because we in the Government are just going “Bananas.”

To quote Oscar Wilde, “ I am so clever that sometimes I don’t understand a single word of what I am saying.”

A well-meaning government should amend the Constitution of India to provide free and compulsory education from age 3 to college and allocate funds for this effort to NEP, even after a 78-year hiatus.

Meanwhile, our children will lie in the gutters, and some of them may look at the stars.

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