An assessment of the resource gaps for fulfilling the right to education across Indian states presents a disconcerting picture. The gap between normative requirement and actual expenditure is particularly large in the poorer states, requiring not only a higher overall fiscal push, but one that would address the unequal positions of the states. Since equalisation is the primary mandate of the Finance Commission, it should address the inequalities in provision of elementary education, which is a merit good plus a core constitutional guarantee. To meet the special needs of the 16 focus states with the largest additional requirement vis-à-vis their revenue base, it is important that the Fifteenth Finance Commission responds with specific purpose grants of an adequate magnitude for elementary education.
By institutionalising child labour in family-based occupations under the age of 14 years and permitting the employment of children in many hazardous occupations, India has failed its children.
Uttar Pradesh has one of the lowest enrolment rates for economically weaker section and disadvantaged category children under the 25 percent reservation clause in the RTE Act. Yet the state government has issued multiple regressive notifications that inhibit these children from seeking admission under this clause. These notifications not only fail to satisfy the equality principle under the Indian Constitution but are also beyond the jurisdiction of the parent statute.
