right to education article 39

Constitution of India

Home / constitution of india, to the point, right to education under article 21a,  20-jul-2023.

• Constitution

Introduction

• Education is an extremely important weapon to boost the self-development as well as development of a nation.
• It empowers the freedom of individuals and fosters awareness.
• It enlightens the concept of equality among all and social justice.
• The Right to Education is enshrined in Article 21A of the Constitution of India.
• The Article was adjoined to the Constitution by 86th amendment act in year 2002.
• The government marked this step as “The dawn of the second revolution in the chapter of citizens' rights”.

Historical Overview

• Right to Education was enshrined in Article 45 and 39 (f) of the Constitution.
• In 1955-56, the Government gave importance to the concept of education by spending more than 1% of the GDP on education.
• The total number of students decreased from 42 million till 2002 to 13 million in 2005.
• The campaign named Sarva Shiksha Abhiyan was launched by the government in the year 2000.
• 2% of revenue generated through central tax was dedicated towards education.
• The gradual steps led the stepping-stone for 86th amendment of Constitution of India.
• Article 45 in the Constitution directed the state to provide free and compulsory education to children until they reach 14 years, within ten years.
• Also, Article 39(f) before the 42nd amendment stated that “childhood and youth are protected or guarded against exploitation or manipulation and against moral and material abandonment”.

Position in the Constitution

• The Ramamurthi Committee Report in 1990 was the first to develop the tussle for the right to education.
• In Mohini Jain v. State of Karnataka (1992) , Supreme Court ruled that even though the right to education is not distinctly mentioned in the Constitution, it can be deciphered through the Preamble and a bare reading of DPSP in Part IV.
• The Supreme Court in 1993 in the case of Unnikrishanan v. State of Andhra Pradesh opined the necessity of the right to education as a fundamental right. Although, the court denied the opinion in the Mohini Jain case that RTE can be demanded at all levels. It stated that one cannot avail the right to education provided by the constitutional levels.
• In the year 1999, the Tapas Majumdar Committee was formulated to insert Article 21A into the Constitution.

86 th Constitutional Amendment

• It came in the year 2002.
• Free and compulsory education for children between the age group of 6 to 14 years was the keynote of this amendment.
• The amendment added three provisions to satisfy the above-mentioned goal.
• Article 21A states “the state shall provide free and compulsory education to all children between the ages of 6 and 14 through a law that it may determine.”
• Modified version of Article 45 states that, “State shall work to ensure early childhood care and free and mandatory education for all children up to the age of six”
• Article 51A(k) made it the duty of parents and guardians to ensure the education of their children aged between 6 to 14 years.

Series of Events

• The first step was the incorporation of Article 45 in the DPSP in the year 1950 to ensure the presence of education in the system.
• The First National Commission was in charge by Dr. Kothari in the year 1968.
• 42nd Amendment in year 1976 made education a concurrent subject giving power to both central and state governments to deal with the matter.
• Right to Education was deduced as a part of the Right to Life under Article 21 in the cases of Mohini Jain in 1992 and Unnikrishnan in 1993.
• 86th Amendment Act brought Right to Education as a Fundamental Right under Article 21A.
• In 2005 the report of the Central Advisory Board Committee was submitted to bring the Right to Education Bill.
• The Right to Free and Compulsory to Children Act came in 2009.

Right of Children to Free and Compulsory Education Act, 2009

• It was enacted on 3 September 2009 and was enforced on 1st April 2010.
• It made elementary education free and obligatory for children of 6 to 14 years.
• The National Commission for Protection of Child Rights was made the supervisory body.
• No school was allowed to deny the admission of children who have left any other school or are not enrolled anywhere else.
• Private educational institutions were directed to reserve 25% of the seats for students of economically weaker groups.
• It decided the quantity of teachers to provide quality education.
• It decided the evaluation mechanism namely Continuous Comprehensive Education.
• The act is enforceable and justifiable in nature and not just directory.

Additional Provisions in Constitution

The State shall not discriminate any person on the basis of religion, race, caste, sex and place of birth or any of them. Nevertheless, the provision enables state to make special provisions for women and children.

It imparts social justice in society. It satisfies the goal of India being a welfare state.

Article 29(2)

Cultural and Educational Rights are mentioned in Article 29 and 30 of the Constitution. Article 29 clause 2 states that, “no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them”.

The linguistic and religious minority group has the right to formulate and administer any institution. It protects their rights.

Other Aspects

• Right to Education was dealt in the landmark cases of St. Xavier College v. State of Gujarat (1974) and T.M.A Pai Foundation v. State of Karnataka (2002).
• The scope of Article 30 was discussed in the case of Pramati Educational and Cultural Trust v. Union of India (2014). The court discussed whether the institutions under Article 30 are obligated to reserve 25% of seats for free and compulsory education to the backward group. And ruled that minority groups can use the directions as regulatory measure but are not obligated to adhere to it.
• The obiter dicta in the case of Ashok Kumar Thakur v. Union of India (2008) were that all children falling under the age group mentioned in the Article 21A must take schooling and education must be of a quality.
• The Apex Court added the right to have the safe learning environment under right to education through the case of Avinash Mehrotra v. Union of India (2009).
• The right to receive basic elementary education is one of the most important rights.
• It empowers the road toward development.
• Also, awareness is the primary goal behind providing this right.
• The journey for incorporation of Article 21A into the Constitution was extensive.
• A series of cases contributed to reaching the objective.
• Education for girls has also become an agenda of this Article.
• Although it imparts education at the basic level and not for a professional degree.

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Social Justice

Make Your Note

Right to Education

• 06 Sep 2019
• GS Paper - 2
• Fundamental Rights

Why in the news?

India’s landmark Right to Education (RTE) Act, 2009 completes its decadal anniversary. Further, renewed focus on skilling and higher education, the RTE remains one of the most important catalysts for India to reap its much-anticipated “ demographic dividend. ”

What is Right to Education?

Right to Education Act (RTE) provided free and compulsory education to children in 2009 and enforced it as a fundamental right under Article 21-A.

Why Right to Education?

The Right to Education serves as a building block to ensure that every child has his or her right to get a quality elementary education.

Constitutional Background

• Originally Part IV of Indian Constitution, Article 45 and Article 39 (f) of DPSP, had a provision for state funded as well as equitable and accessible education.
• The first official document on the Right to Education was Ramamurti Committee Report in 1990.
• In 1993, the Supreme Court’s landmark judgment in the Unnikrishnan JP vs State of Andhra Pradesh & Others held that Education is a Fundamental right flowing from Article 21.
• Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A.
• The 86 th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution.
• The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years.
• The 86th amendment provided for a follow-up legislation for Right to Education Bill 2008 and finally Right to Education Act 2009.

Feature of Right to Education (RTE) Act, 2009

• The RTE Act aims to provide primary education to all children aged 6 to 14 years.
• It enforces Education as a Fundamental Right (Article 21).
• SCs and STs
• Socially Backward Class
• Differently abled
• It also makes provisions for a non-admitted child to be admitted to an age appropriate class.
• It also states that sharing of financial and other responsibilities between the Central and State Governments.
• Pupil Teacher Ratios (PTRs)
• Buildings and infrastructure
• School-working days
• Teacher-working hours.
• It had a clause for “No Detention Policy” which has been removed under The Right of Children to Free and Compulsory Education (Amendment) Act, 2019.
• It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.
• It provides for the appointment of teachers with the requisite entry and academic qualifications.
• Physical punishment and mental harassment
• Screening procedures for admission of children
• Capitation fee
• Private tuition by teachers
• Running of schools without recognition
• It focuses on making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.

Achievements of Right to Education Act,2009

• The RTE Act has successfully managed to increase enrolment in the upper primary level (Class 6-8).
• Stricter infrastructure norms resulted in improved school infrastructure, especially in rural areas.
• More than 3.3 million students secured admission under 25% quota norm under RTE.
• It made education inclusive and accessible nationwide.
• Removal of “no detention policy” has brought accountability in the elementary education system.
• Sarva Shiksha Abhiyan (SSA)
• Rashtriya Madhyamik Shiksha Abhiyan (RMSA)
• Centrally Sponsored Scheme on Teacher Education (CSSTE).

Limitation of Right to Education Act, 2009

• Age group for which Right to Education is available ranges from 6 – 14 years of age only, which can be made more inclusive and encompassing by expanding it to 0 – 18 years.
• There is no focus on quality of learning, as shown by multiple ASER reports, thus RTE Act appears to be mostly input oriented.
• Five States namely Goa, Manipur, Mizoram, Sikkim and Telangana have not even issued notification regarding 25% seats for underprivileged children of society under the RTE.
• More focus is being given over statistics of RTE rather than quality of learning.
• Lack of teachers affect pupil-teacher ratio mandated by RTE which in turn affects the quality of teaching .

Steps to Be Taken

• Minority Religious Schools need to be brought under the RTE.
• More focus on teacher training programs.
• Quality of education needs to be emphasized over quantity of education.
• Steps should be taken to make the teaching profession attractive.
• Society as a whole needs to be supportive of education for children without biases.

Way Forward

It has been ten years since the implementation of RTE Act, but it can be seen that it still has a long way to go to be called successful in its purpose. Creation of a conducive atmosphere and supply of resources would pave the way for a better future for individuals as well as the nation as a whole.

No detention Policy

The no-detention policy was introduced as a part of the Continuous and Comprehensive Evaluation (CCE) under the Right to Education Act (RTE) in 2010.

• Under this policy, students up to Class 8 are automatically promoted to the next class without being held back even if they do not get a passing grade.
• The policy was to ensure that no child admitted in a school shall be held back in any class or expelled from school until the completion of elementary education.

But, recently it has been removed by RTE Amendment Act, 2019.

For Mind Map

The right to education

Introducing articles 28 and 29.

Home > The Rights Respecting Schools Award > The Right to Education

The Right to an Education is one of the most important principles in becoming a Rights Respecting School.

Education is a key social and cultural right and plays an important role in reducing poverty and child labour. Furthermore, education promotes democracy, peace, tolerance, development and economic growth. There are a number of articles in the UN Convention on the Rights of the Child  that focus on a child’s right to education.

Articles 28 and 29 of the Convention on the Rights of the Child

Articles 28 and 29 focus on a child’s right to an education and on the quality and content of education.  Article 28 says that “State Parties recognise the right of children to education” and “should take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity.” Article 29 focuses on the aims of education and says that governments agree that “the education of the child shall be directed to:

• The development of the child’s personality, talents and mental and physical abilities to their fullest potential.
• The development of respect for human rights and fundamental freedoms and the principles enshrined in the Charter of the United Nations.
• The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate and for civilisations different from his or her own.
• The preparation of the child for responsible life in a free society in the spirit of understanding, peace, tolerance, equality of sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin.
• The development of respect for the natural environment.

The 1990 World Declaration on Education for All  described education as consisting of essential learning tools such as literacy, numeracy and problem solving combined with knowledge, skills, values and attitudes required by human beings to survive, develop potential, to improve the quality of their lives, to make informed decisions and to continue learning.

General Comment on the aims of education

In 2001, the  Committee on the Rights of the Child , the body of experts that monitors the implementation of the Convention, published a paper (called a General Comment) that explained and elaborated on the right to education.

The General Comment 1 on the aims of education provides a very clear overview of what the right to education means in practice. It said that:

• Education must be child-centred and empowering. This applies to the curriculum as well as the educational processes, the pedagogical methods and the environment where education takes place.
• Education must be provided in a way that respects the inherent dignity of the child and enables the child to express his or her views in accordance with article 12 (1) and to participate in school life.
• Education must respect the strict limits on discipline reflected in article 28 and promote non-violence in school.
• Education must include not only literacy and numeracy but also life skills such as the ability to make well-balanced decisions; to resolve conflicts in a non‑violent manner; and to develop a healthy lifestyle, good social relationships and responsibility, critical thinking, creative talents, and other abilities which give children the tools needed to pursue their options in life.

It’s important to remember that the  Convention must be seen as a whole  and so articles 28 and 29 should not be looked at or considered in isolation. Particular regard should be paid to the General Principles and other closely related articles for example: article 16 : protection of privacy, article 24 health (including health education), article 31 rest, leisure, play, recreation and culture.

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Introducing the United Nations Convention on the Rights of the Child

Rights to advocacy

Rights are entitlements, freedoms and protections which are defined and protected by law. England’s current legal framework does not guarantee access to independent advocacy to every child or young person who may need it. Entitlements to advocacy for different groups of children and young people in England are found across different sources, from primary to secondary legislation, to statutory guidance and national minimum standards. All children are protected by the United Nations Convention on the Rights of the Child, which grants the right to be heard in all matters affecting them.

Article 12, United Nations Convention on the Rights of the Child (1989) Article 12 grants all children (up to age 18) the right to express their views freely in all matters affecting them and to have these views given due weight in accordance with their age and maturity. In particular, children must be given the opportunity to express their views in any judicial and administrative proceedings * that affect them, either directly or with the help of a representative. 

* The Committee on the Rights of the Child explains the meaning and scope of any judicial and administrative proceedings as follows: 

• The right to be heard applies to proceedings which are initiated by the child and those started by others.
• The right to be heard applies to “all relevant judicial proceedings affecting the child, without limitation”, including care and protection, criminal justice, health and social care, housing and immigration. 
• Where this right is breached, children must be able to complain or appeal against relevant decisions without the risk of punishment for doing so. 

The Committee further stresses that: 

• Where the environment is “intimidating, hostile, insensitive or inappropriate” for the child’s age, the child cannot be heard effectively. 
• Processes for eliciting children’s views must be accessible, age-appropriate and supported by appropriately trained staff.
• Children should be supported to engage in self-advocacy.

Articles 6 and 8, European Convention on Human Rights / Human Rights Act 1998 All children and young people (and adults) have the right to participate in proceedings and decision-making which impacts on them personally. Children’s Commissioner for England ( Section 2 Children Act 2004 ) The Children’s Commissioner for England, in discharging her primary function of promoting and protecting the rights of children, must promote awareness of the views of children. She is empowered by law to investigate the availability and effectiveness of advocacy services for children.

Section 223A, Local Government and Public Involvement in Health Act 2007 Every local authority must make such arrangements as it considers appropriate for the provision of independent advocacy services in their area for children and young people (and adults) who wish to make a health complaint – whether this is about the NHS or an independent provider. 

This right to independent advocacy set out in the Local Government and Public Involvement in Health Act 2007 extends to complaints and health services made to the Parliamentary and Health Service Ombudsman.

Connected Regulations:  The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

Section 26A, Children Act 1989  Local authorities must make arrangements for advocacy assistance for:

• Children who make or intend to make representations under section 26 of the Children Act 1989 – these can be children who are looked after or children who are not looked after but are in need or children who are the subject of a special guardianship order.
• Children who make or intend to make representations under section 24D of the Children Act 1989 – these can be children aged 16 or 17 who are no longer looked after who spent at least 13 weeks in care starting after their 14th birthday and ending after they turned 16 or children aged 16 or 17 who were in hospital, a young offender institution or a secure children’s home when they turned 16 and they spent at least 13 weeks in care starting after their 14th birthday and ending after they turned 16.
• A young person who is a former relevant child. The upper age limit for the majority of entitlements relating to being a former relevant child is 25 years. However, if the young person is undertaking a programme of education or training lasting beyond their 21st birthday, and this is written into their pathway plan, then a number of leaving care entitlements continue for as long as the education or training lasts. We interpret this as extending the right to advocacy for as long as a programme of education or training lasts, provided this was written into the young person’s pathway plan. Pathway plans can last to age 25, so a young person may, for example, start a programme of education or training at age 20, 22 or 24 that lasts beyond their 25th birthday.
• A young person qualifying for advice and assistance. These are young people aged 16 to 20 years who are (or were, if they are over 18) the subject of a special guardianship order who were looked after by a local authority before that order was made. This also applies to young people who are aged 20 years or under, and who, after the age of 16 were, at any time, looked after by a local authority, accommodated by a charity, accommodated in a private children’s home or were privately fostered. It also applies to young people aged 20 years or under who, as a child, spent at least three consecutive months in a health or educational setting arranged by their local authority or a health body.
• A young person under the age of 25 who is receiving financial help from their local authority to live near the place where they are studying or working, or is in receipt of a grant from their local authority for education or training expenses.

PLEASE NOTE: children and young people have the right to make a representation (including a complaint) within one year of the matter being raised or complained of. After one year, local authorities have the discretion to accept or refuse to investigate a matter. Article 39 considers it is therefore arguable that the right to Children Act 1989 advocacy extends to the age of 26 for most care leavers, and potentially beyond this age for those undertaking a programme of education or training which was written into their pathway plan before the age of 25. Local authorities must publicise their advocacy arrangements as they consider appropriate.

It’s important to keep in mind that statutory guidance –  Getting the best from complaints: Social care complaints and representations for children, young people and others (2006) –  provides a  wide definition of representations : 

Representations may not always be complaints; they might also be positive remarks or ideas that require a response from the local authority. Enquiries or comments about the availability, delivery or nature of a service which are not criticisms are likely to constitute representations, for example, children and young people should be able to put forward ideas or proposals about the service they receive, or the establishment they live in, without having this framed as a complaint.

The same statutory guidance sets out the role of advocates, as below:

The role of the advocate in the complaints procedure is:

• to empower the child or young person by enabling him to express his views wishes or feelings, or by speaking on his behalf;
• to seek the resolution of any problems or concerns identified by the child or young person by working in partnership with child or young person and only with his agreement;
• to support the child or young person pursuing a complaint through every stage of the complaints procedure and to provide him with information about his rights and options, helping him clarify the complaint and the outcomes he is seeking; and
• to speak for or represent the child or young person at any stage of the complaints process, including at the informal stage or at any formal hearing or interviews.

Connected Regulations:  The Advocacy Services and Representations Procedure (Children) (Amendment) Regulations 2004 The Children Act 1989 Representations Procedure (England) Regulations 2006 

Special educational needs and disability code of practice: 0 to 25 years Statutory guidance for organisations which work with and support children and young people who have special educational needs or disabilities (2015) Special educational needs and disability code of practice contains a number of provisions regarding advocacy:

Local authorities should consider whether some young people may require support in expressing their views, including whether they may need support from an advocate (who could be a family member or a professional). Local authorities must not use the views of parents as a proxy for young people’s views. Young people will have their own perspective and local authorities should have arrangements in place to engage with them directly. (Paragraph 1.10) 

In relation to children with Education, Health and Care Plans, the Code states:

Local authorities must ensure that the EHC plan review […] includes a focus on preparing for adulthood. […] Planning must be centred around the individual and explore the child or young person’s aspirations and abilities, what they want to be able to do when they leave post-16 education or training and the support they need to achieve their ambition. Local authorities should ensure that children and young people have the support they need (for example, advocates) to participate fully in this planning and make decisions.   (Paragraph 8.9)

In relation to older young people, the Code states: 

Some young people will need support from an independent skilled supporter to ensure that their views are acknowledged and valued. They may need support in expressing views about their education, the future they want in adult life, and how they prepare for it, including their health, where they live, their relationships, control of their finances, how they will participate in the community and how they will achieve greater autonomy and independence. Local authorities should ensure young people who need it have access to this support.  (Paragraph 8.18)

In relation to the local authority’s duty to provide children information, advice and support relating to their special educational needs or disability, the Code states:

Young people must have confidence that they are receiving confidential and impartial information, advice and support. Staff working directly with young people should be trained to support them and work in partnership with them, enabling them to participate fully in decisions about the outcomes they wish to achieve. Young people may be finding their voice for the first time, and may need support in exercising choice and control over the support they receive (including support and advice to take up and manage Personal Budgets). Advocacy should be provided where necessary. (Paragraph 2.15)

In relation to disagreement resolution services, the Code states local authorities should:

[…]  establish protocols and mechanisms for referring parents and young people to disagreement resolution and, where necessary, provide advocacy support to help them take part . (Paragraph 11.11)

In relation to mediation, the Code states:

Young people with learning difficulties, in particular, may need advocacy support when taking part in mediation . (Paragraph 11.38)

The Code of Practice also reminds that local authorities must provide independent advocacy for young people undergoing transition assessments where the conditions set out in Section 67 of the Care Act 2014 are met (see next section of this guide). 

Statutory visits to children with special educational needs and disabilities or health conditions in long-term residential settings. Statutory guidance for local authorities, health bodies and health or educational establishments (2017) Statutory guidance states:  Children and young people in long-term residential placements who have communication needs may require the support of an advocacy service which is skilled in methods of nonverbal communication […] The responsible local authority should ensure that all children and young people in long-term residential placements have accessible means of requesting a visit. It would also be helpful, in maintaining continuity of support, if reports of the local authority visitor indicated whether advocacy support was requested and provided. Article 7, the United Nations Convention on the Rights of Persons with Disabilities (2006)  Article 7 of the Convention relates specifically to the rights of disabled children. Mirroring Article 12 of the UNCRC (which applies to all children up to the age of 18), Article 7 guarantees the right of disabled children  to express their views freely on all matters affecting them and to have these views given due weight in accordance with their age and maturity, on an equal basis with other children, and to have help to enjoy this right.

See also section above, ‘ Children and young people in receipt of social care services who make or intend to make representations (including a complaint) ‘

Regulation 45, The Care Planning, Placement and Case Review (England) Regulations 2010 Regulation 45 states that independent reviewing officers (IRO) must ensure looked after children have been informed of their right to bring proceedings under the Children Act 1989 (e.g. in relation to placements, contact with parents and siblings or discharge of a care order) and their right to make a representation (including a complaint) and to access advocacy services.

When a looked after child wishes to bring proceedings under the Children Act 1989, the IRO must support the child to obtain legal advice, or identify another appropriate adult to support the child.

See also section above, ‘ Children and young people in receipt of social care services who make or intend to make representations (including a complaint) ‘

Working together to safeguard children: A guide to inter-agency working to safeguard and promote the welfare of children (2018) Where there are concerns that a child or young person has suffered significant harm, or is likely to suffer significant harm, social workers should “ help prepare the child if they are attending [a child protection conference] or making representations through a third party to the conference. Give information about advocacy agencies and explain that the family may bring an advocate, friend or supporter .” (Page 45)

It is also important to keep in mind that Section 47(5A) of the Children Act 1989 places a duty on local authorities to ascertain and give due consideration to the child’s wishes and feelings while undertaking Section 47 (Children Act 1989) enquiries. See also section above, ‘ Children and young people in receipt of social care services who make or intend to make representations (including a complaint) ‘

Statutory visits to children with special educational needs and disabilities or health conditions in long-term residential settings. Statutory guidance for local authorities, health bodies and health or educational establishments (2017) Statutory guidance states:  Children and young people in long-term residential placements who have communication needs may require the support of an advocacy service which is skilled in methods of nonverbal communication […] The responsible local authority should ensure that all children and young people in long-term residential placements have accessible means of requesting a visit. It would also be helpful, in maintaining continuity of support, if reports of the local authority visitor indicated whether advocacy support was requested and provided.

Section 67 Care Act 2014 Local authorities must arrange an independent advocate to represent and support a child to help them understand information and/or express their views, wishes and feelings. This duty applies to supporting a child who:

• Is the subject of a (transition*) needs assessment (when they don’t have anyone else independent and appropriate to assist them); or
• Is the subject of a young carer’s assessment (when they don’t have anyone else independent and appropriate to assist them).

*‘Transition’ refers to moving from children to adult care and support services.

Regulation 7, The Children’s Homes (England) Regulations 2015 The registered person of every children’s home must ensure each child is given appropriate advocacy support. (Regulation 7(2)(b)(iii))

Soon after the child’s arrival at the home, the registered person must ensure an explanation has been given to them about:

• what advocacy support or services are available;
• how the child may access that support or those services;
• and any entitlement the child may have to independent advocacy.

Statutory guidance on children who run away or go missing from home or care (2014 ) Statutory guidance requires that an independent return interview should be offered when a missing looked after child is found and the person conducting the interview should be independent of the responsible local authority and the place where the child currently lives. As part of this process, the child should be offered the option of speaking to an independent representative or advocate. (Paragraph 69)

Additionally, the guidance requires local authorities to agree a protocol (together with the police and other partners) for responding to children who run away or go missing in their area, including additional arrangements relating to looked after children. As part of these additional arrangements, the protocol should include the details of any agencies providing independent advocacy services to looked after children. (Paragraph 20)

Prevention of homeless and provision of accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation (2018) Statutory guidance states that local authorities should ensure access to independent advocacy:

“Young people should have access to independent advocacy and support to assist them in weighing up the advantages and disadvantages [of being looked after by the local authority or provided accommodation under housing law] and coming to a balanced decision and understanding and navigating the housing system. Independent advocacy and support services can play a key role in supporting 16 and 17 year olds who are homeless or threatened with homelessness. “

Mental Health Act 1983 Section 130A requires local authorities to make arrangements for the provision of independent mental health advocates.

Section 130B gives independent mental health advocates a range of powers. Independent mental health advocates have the legal rights to:

• Visit and interview a child or young person in private;
• Visit and interview any person who is professionally concerned with the child’s medical treatment; and
• Obtain and inspect hospital and social services records relating to the child.

Connected Regulations: The Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008

Section 35, Mental Capacity Act 2005 Section 35 places a duty on local authorities to make independent mental capacity advocates available to represent and support any person (including children aged 16 and 17) in connection with decisions made under the Act. This includes decisions about care, treatment and provision of accommodation.

Connected Regulations: The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006

Rule 44, The Secure Training Centre Rules 1998

There is no statutory duty to ensure children and young people in custody have access to independent advocates. However, the Youth Justice Board and the Ministry of Justice have interpreted the Secretary of State’s power to appoint ‘independent persons’ to visit secure training centres and receive representations as a duty to provide advocacy (Rule 44 The Secure Training Centre Rules 1998).

Children’s charity Barnardo’s was awarded the latest national contract – for the period 2019-2023 – to provide advocacy to children in young offender institutions (YOIs) and secure training centres (STCs). The Ministry of Justice set out the following five goals in its contract announcement :

• Children and young people in STCs and YOIs are able to identify and freely access independent children’s rights and advocacy services;
• Children and young people in STCs and YOIs are provided with the skills to enable them to advocate for themselves and are supported at every opportunity to do so;
• Children and young people in STCs and YOIs, who have complex needs and are unable or not wishing represent themselves, are supported;
• The voice of children and young people in STCs and YOIs is heard in particular at key periods where the service provider has been made aware of those who are vulnerable and in crisis, through access to proactive children’s rights and advocacy services; and
• Raising awareness of the issues facing Children and Young People in custody in order to promote resolution and prevention at a local and systemic level.

Her Majesty’s Inspectorate of Prisons publishes its expectations of child prisons (young offender institutions and secure training centres), which is the framework for inspecting these institutions. The document includes many expectations around advocacy (extracts below):

• Children who allege abuse or mistreatment are offered the assistance of an independent advocate;
• Children or parents who allege harm are given a written response which sets out the action that has been, or will be, taken. Children are consistently reminded of their right to assistance from an independent advocate;
• Children understand why they are being strip-searched and the process for doing so. They are offered assistance from an independent advocate to record any questions or concerns they have about why they were strip-searched, or how it was carried out;
• Disciplinary proceedings are conducted in age-appropriate surroundings in a clear and fair manner, and the child is able to meaningfully participate. The child is supported by an independent advocate and/or their legal representative;
• Children are told they can receive support from an advocate and/or legal representative in sufficient time before disciplinary procedures begin, and this is recorded. If requested, proceedings do not begin without an advocate or legal representative present;
• When a child has been restrained, they are offered the opportunity to speak to an advocate or make a complaint about the incident without fear of repercussions;
• When children are temporarily separated from others, parents/carers and relevant professionals, including social workers, youth offending team (YOT) workers and advocates, are engaged where appropriate;
• Information about complaints, including how to access the Independent Monitoring Board (IMB), the Prisons and Probation Ombudsman (PPO) and advocates, is reinforced through notices and posters displayed prominently across the establishment in a range of formats and languages;
• In relation to prison health services, patients are kept safe, are safeguarded from abuse and have access to independent advocacy services if required.

National minimum standards (revised from September 2022) state: 11.6 Boarders are provided with appropriate advocacy support where necessary and are made aware of what advocacy services are available, how they may access such support and any entitlement they may have to advocacy provision, and that advocacy provision adheres to the  National Standards [for the Provision of Children’s Advocacy Services] .

National minimum standards (revised from September 2022) state: 7.4 The child’s wishes are sought and taken into account in the selection of their key worker/s and if they request a change of key worker. This should take into account the child’s communication needs and may be done by an independent advocate. 17.3 Children are provided with appropriate advocacy support where necessary and are made aware of what advocacy services are available, how they may access such support and any entitlement they may have to advocacy provision and that advocacy provision adheres to the National Standards [for the Provision of Children’s Advocacy] .

20.6 A clear and unambiguous written record is kept of major sanctions and the use of any restraint. Records include the information in Appendix B (use of restraint (including restrictive interventions)). The record is made within 24 hours and is legible. Children are encouraged to have their views recorded in the records and should be offered the opportunity to access advocacy support to help them with this. The head of residential provision or equivalent regularly reviews any instances of the use of all types of restraint and examines trends or issues to enable staff to reflect and learn in a way that will inform future practice and minimise the use of restraint.

Article 28: The Right to Education

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On Education and Public Schools

Introduction: A Sociological and Philosophical Approach to Education

Appropriate Language in Education

States Parties recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

Make primary education compulsory and available free to all;

Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

Make higher education accessible to all on the basis of capacity by every appropriate means;

Make educational and vocational information and guidance available and accessible to all children;

Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.

States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

‘Public call should be announced for students to give their views and proposal what should they learn in particular educational programmes or educational profiles.’ (Eastern Europe)

‘Inspections should be more frequent and spontaneous (unannounced). When inspectors announce the inspection, then teachers know in advance and they instruct students what are they going to teach, which questions will they ask students and what should students say.’ (Eastern Europe)

Article 28 echoes the International Covenant on Economic and Social Rights, Article 13, in enshrining the right to education for all (Pinheiro, 2006 ; UN Secretary General, 2020 , paras. 41–48). It has been described as a ‘multiplier right,’ epitomising the indivisibility of rights as it contributes to the realisation of many other rights (Courtis and Tobin, 2019 , p. 1058; Tomaševski, 2006 , p. 7). However, Article 28 differs from Article 13 in several significant ways. It expands the scope of the right to education to include obligations on States Parties to encourage school attendance and reduce drop-out rates, to ensure that school discipline is administered in a manner consistent with the child’s dignity, and to promote and encourage international cooperation in matters relating to education. It lacks any reference to the right of parents to choose an education for their children in conformity with their moral or religious convictions, although this issue is addressed in Article 29, the aims of education.

The provision of education for all has significant resource implications and, accordingly, Article 28 is subject to progressive realisation. The text affirms that States Parties must, with a view to achieving the right progressively, make primary education compulsory and free to all. The obligations on secondary education are lower, requiring that States Parties encourage its development, and accessibility and availability to all, including through provision of free education and financial support. Higher education must be made available by every appropriate means, and education and vocational guidance available to all children. However, the Committee on Economic, Social and Cultural Rights has proposed that minimum core requirements must be introduced irrespective of available resources. These include non-discrimination in access to education, consistency of the curricula with international human rights standards, and compulsory and free primary education to all ( 1999 , para. 57).

Non-discrimination and free and compulsory primary education for all have also been re-affirmed as core obligations by the Committee on the Rights of Persons with Disabilities ( 2016 , para. 41). The Committee on the Rights of the Child has not explicitly articulated any core obligations. However, it consistently recommends that States Parties endorse these measures as an immediate core obligation, not subject to progressive realisation, particularly in respect of its demands that budget allocations are sufficiently directed to the implementation of the right to education (UN Committee on the Rights of the Child, 2000a , para. 18, 2003 , para. 60 (a), 2005a , para. 59, 2010a , para. 59).

The Convention does not define the word education. However, the Committee makes clear that education extends ‘beyond formal schooling to embrace the broad range of life experiences and learning processes which enable children … to develop their personalities, talents and abilities and to live a full and satisfying life within society’ ( 2001 , para. 2). Accordingly, education is not confined to those levels elaborated in Article 28. It is interpreted as beginning at birth, and extends to the provision of preschool education (UN Committee on the Rights of the Child, 2006a , para. 28). Although silent on ages for starting or finishing school, the Committee has asked States Parties to establish minimum and maximum ages for compulsory education (Verheyde, 2005 ), encouraged the inclusion of early childhood education and care (UN Committee on the Rights of the Child, 2004a , 2006a , 2016a , para. 69 (g)), and suggested that the end of compulsory education should coincide with the minimum age for employment ( 1995a , b , 1996 ). Furthermore, the Committee has interpreted the article to apply to regular and non-formal education ( 2000b , para. 90) and has recommended non-formal education for children who have difficulty attending schools ( 2002a , para. 306, 2004b , para. 58).

General Principles

Article 28 requires that education be provided on the basis of equal opportunity to all children. The obligation to ensure non-discrimination in respect of the right to education is an immediate obligation and applies to all aspects of education (UN Committee on Economic, Social and Cultural Rights, 1999 , para. 13). No child can be discriminated against in respect of their right to education on any of the prohibited grounds elaborated in Article 2. The Committee has repeatedly highlighted many groups of children who are vulnerable to discrimination in education and demanded that States Parties take action to secure their equal right to education. These groups include, among many others, children with disabilities ( 2004c , para. 48), girls ( 2005b , para. 75), indigenous children ( 2005c , para. 59), Roma children ( 2002b , para. 42 (a)), children in detention ( 2005d , para. 53), rural, immigrant, refugee and asylum-seeking children, children affected by armed combat, working children, children in conflict with the law, and those living with HIV/AIDs (UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and UN Committee on the Rights of the Child, 2017 , paras. 59–63; UN Committee on the Rights of the Child, 2007a , paras. 62–72, 2007b , para. 89, 2009a , paras. 56–63, 2017a , para. 19; Verheyde, 2005 ).

Education is the individual right of every child and it is in their best interests that they receive a quality education. In developing an education system, States Parties must ensure that the best interests of the child are its primary focus, and that it is not subordinated to broader economic or instrumental societal goals, such as conformity with specific religious or political views (Courtis and Tobin, 2019 , p. 1062).

The realisation of the right to education is an integral dimension in contributing towards the child’s optimum development. The breadth of the education curriculum, as well as the means through which is it delivered, must be designed to promote children’s optimum development.

The right of the child to be heard is fundamental to the right to education. The Committee have affirmed that children should be listened to and engaged through a participatory pedagogy within the classroom, and schools should adopt a culture of respect for the right of the child to be heard ( 2009b , para. 107). In addition, States Parties must ensure that children have opportunities to influence decisions from their individual education to the way their school is run, through class and school councils, and representation on school boards, and also in the development of broader education legislation and policy (UN Committee on the Rights of the Child, 2009b , paras. 109–111). Finally, children must have the opportunity to be heard in any disciplinary proceedings (UN Committee on the Rights of the Child, 2009b , para. 113).

Articles Related or Linked to Article 28

Article 4 obliges States Parties to take all appropriate measures to implement education as described in Article 28 (1), and to assist those with inadequate resources to do so.

Articles 13–17 contain provisions on access to information and participation the two essential pillars of education.

Article 19 (1) provides protection to the child from maltreatment from teachers and others.

Article 23 (3) ensures that children with disabilities have access to education.

Article 24 (e) requires children receive health education.

Article 29 describes the appropriate content and aims of education.

Article 30 requires provision of conditions for children of indigenous or minority groups to be educated on and enjoy their own culture, religion, and use their own language.

Article 31 , consistent with current knowledge of the important role of art-based and play-based learning, also requires that rest, play, leisure, and recreation are provided for in education.

Article 32 obliges States Parties to ensure labour does not compromise the child’s enjoyment of their right to education (Verheyde, 2005 ).

Relevant Instruments

UN Universal Declaration of Human Rights (1948), Article 26

UN Declaration of the Rights of the Child (1959), Principle 7

UN Convention Against Discrimination in Education (1960)

International Covenant on Economic, Social and Cultural Rights (1966), Article 13

UN Convention on Technical and Vocational Education (1989)

Treaties which address the education rights of vulnerable groups:

UN Convention Relating to the Status of Refugees (1951), Article 22

International Convention on the Elimination of All Forms of Racial Discrimination (1966), Article 5

UN Declaration on the Rights of Disabled Persons (1975), Principle 6

UN Convention on the Elimination of All Forms of Discrimination against Women (1979), Article 10

International Convention on the Protection of the Rights of all Migrant Workers and their Families (1990), Article 30

UN Declaration on the Rights of Persons Belonging to National or Ethnic Religious and Linguistic Minorities (1992), Article 4 (3)

UN Convention on the Rights of Persons with Disabilities (2006), Articles 7 and 24.

Attribute One: Access to Primary, Secondary, and Higher Education

States Parties must make primary education compulsory and available free to all. Although no age range is prescribed, it would typically be for 6 years up to the age of 12 (UNESCO Institute for Statistics, 2012 , para. 122). The compulsory provision exists in recognition of essential nature of primary education for development of the child and their effective functioning in society. It is intended to ensure that neither the state nor the parent (or indeed the child) can prioritise other options potentially harmful for the child’s development (Courtis and Tobin, 2019 , p. 1083).

The Committee has consistently demanded of States Parties that they provide sufficient funding to ensure free compulsory primary education, including by abolishing fees ( 2010b , para. 72 (a), (b)). The Committee is also highly critical of the imposition of indirect costs such as obligatory school uniforms, textbooks and other materials, meals, transport, fees for participation in certain activities, or exam fees, and has recommended their abolition. Footnote 1

States Parties must also encourage the development of secondary education, which is commonly between the ages of 12 and 17 years, and must be provided in different forms to allow flexible curricula and systems to accommodate both academic and vocational opportunities. Notably, Article 28 does not impose the requirements that it is either free or compulsory. However, the Committee has welcomed the introduction of measures by States Parties to extend mandatory education to secondary level ( 2012c , para. 63). It also recommends measures to render secondary education free to every child ( 2011 , para. 62 (b)). Finally, States Parties must make higher education accessible to all on the basis of capacity. Although the Committee has afforded minimal attention to this provision, it has drawn attention to potential discrimination in access and recommended that States Parties take action to ensure equal opportunities for higher education for marginalised groups of children ( 2012d , para. 63 (b)).

The overarching requirements in implementing the right to education have been conceptualised as the 4As: education must be available, accessible, acceptable, and adaptable (Tomaševski, 1999 ). Availability requires that the requisite resources have been allocated to enable sufficient school places, trained teachers, equipment, books, and other materials, as well as, for example, adequate sanitation facilities, to enable every child to attend school. Accessibility necessitates that no barriers to education exist for any child whether as a consequence of discrimination, physical access, or affordability (UN Committee on Economic, Social and Cultural Rights, 1999 , para. 69 (b)). Acceptability demands that education is relevant, culturally appropriate, and of good quality (UN Committee on Economic, Social and Cultural Rights, 1999 , para. 69 (c)). Finally, adaptability requires a flexible education system that is capable of responding to the needs of a diverse range of students in a variety of different and potentially changing contexts (UN Committee on Economic, Social and Cultural Rights, 1999 , para. 69 (d)).

States Parties are encouraged to adopt a range of measures to achieve these objectives. They must ensure the ongoing collection of adequate disaggregated data to identify gaps, needs, and violations of education rights, and plan future or remedial action. Data should include, for example, primary enrolment rates and ratios by target groups, drop-out rates (including reasons for drop-out), proportion of children who are covered under publicly supported programmes and those required to pay fees, and proportion of children who attend preschool (United Nations OHCHR, 2012 , p. 93), Footnote 2 the share of household expenditure on education at the secondary or tertiary level, and the proportion of fully qualified teachers (United Nations OHCHR, 2012 , p. 93). In addition, States Parties are advised to formulate and implement national plans of action that address all elements of Article 28 and establish goals, timetables, and benchmarks. Plans should include appropriate legislative and administrative measures, for example, establishing the right to compulsory education, ensuring school leaving age consistent with the minimum age of employment (Verheyde, 2005 ), and complaints mechanisms to address, for example, school exclusions, corporal punishment, and violence in schools.

Attribute Two: Education on the Basis of Equality of Opportunity

The principle of non-discrimination and equal opportunity relating to the right to education is well-established in international human rights law and is affirmed in Article 28 of the Convention. States Parties must ensure that no child is discriminated against directly or indirectly in either the public or private sphere of education on any of the prohibited grounds elaborated in Article 2 (UN Committee on Economic, Social and Cultural Rights, 2009 ). However, it is not only permitted but also required that States Parties adopt special measures to ensure equality of access to groups of children vulnerable to unequal access to and opportunity in education (Courtis and Tobin, 2019 , p. 1077). Such measures must not result in unequal standards for different groups or continue after the objectives for which they were established have been achieved. The Committee on the Rights of Persons with Disabilities has insisted that the right to non-discrimination and education on the basis of equality includes the right not to be segregated and to be provided with reasonable accommodation and accessible learning environments ( 2016 , para. 13). The Committee on the Rights of the Child has consistently affirmed this approach ( 2019 , para. 43 (c)).

In order to monitor compliance with this obligation, States Parties must monitor relevant policies, institutions, programmes, and spending patterns to identify evidence of discrimination (UN Committee on Economic, Social and Cultural Rights, 1999 , para. 37). Data should be collected to identify any differences in access to primary or secondary education on the basis of race, colour, sex, language, religion, national, ethnic or social origin, disability, birth or other analogous status including parental circumstances, maltreatment, and cultural resistance (UN Committee on the Rights of the Child, 2006b , para. 77 (g), 2013a , para. 52 (d), 53 (f); Verheyde, 2005 ).

Where discrimination is identified, measures are required to combat the problem and prevent recurrence. Article 28 demands measures to address inequalities leading to poor attendance and early drop-out rates among some groups of children, including those in nomadic and migrant families, as a consequence of poverty, or those supporting the family through paid work or taking care of siblings and household chores (UN Committee on the Rights of the Child, 2012e ). The Committee has suggested a range of potential measures to be adopted by States Parties to promote greater equality of access and improved attendance, including:

scholarships

financial subsidies

flexible educational arrangements

enhanced provision in rural areas

affirmative action programmes

provision of free early childhood education ( 2013b ) Footnote 3

transportation, health and nutrition services, to facilitate attendance for children living in poverty (Verheyde, 2005 ) Footnote 4

alternative education programmes for children having difficulty in regular systems (including those living in remote communities) (Verheyde, 2005 )

providing educational and vocational information and guidance (Verheyde, 2005 ).

Attribute Three: School Discipline Consistent with Human Dignity

Article 28, paragraph 2, constitutes an important innovation in respect of the right to education. It demands that any school discipline must be administered in a manner consistent with the child’s dignity and in conformity with all other rights in the Convention. This requires that discipline must never violate the child’s best interests, the right to non-discrimination, or the right to be heard. Furthermore, it must not violate, for example, the right to protection from all forms of violence or cruel, inhuman, degrading treatment, or, indeed, the rights to play and recreation, to health, cultural expression or freedom of religion.

The Committee has elaborated some specific forms of punishment that can never be justified as legitimate. These include any form of corporal punishment in which ‘physical force is used and intended to cause some degree of pain or discomfort’ (UN Committee on the Rights of the Child, 2007c , para. 11). The Committee has also been uncompromising on the suggestion that some forms of corporal punishment can be tolerated if ‘reasonable’ or ‘moderate,’ asserting that such practices can never be justified as they conflict with the child’s dignity and right to physical integrity ( 2007c , para. 26). In addition, the Committee insists that punishments that serve to humiliate, denigrate, frighten or ridicule the child must never be used ( 2007c , para. 11).

Paragraph 2, which requires that States Parties take all appropriate measures, demands immediate and comprehensive action to address school discipline. The Committee has emphasised that States Parties must undertake legislative, administrative, social, and educational measures to eliminate degrading forms of punishment in both public and private schools. Furthermore, it has stressed that this is an immediate and unqualified obligation, not subject to progressive realisation ( 2007c , para. 22). It has suggested a range of practical measures to support positive discipline in schools including awareness raising campaigns, training of teachers, and the participation of children in the design and development of school discipline policies. Footnote 5

Attribute Four: International Cooperation

Paragraph 3 of Article 28 recognises the positive value of cooperation and information sharing between States Parties. Although Article 4 imposes a general obligation with respect to international cooperation, its inclusion in Article 28 highlights its specific importance in the context of education, a priority also reflected in the Jomtien Declaration on Education for All (Courtis and Tobin, 2019 , p. 1110; World Conference on Education for All, 1990 , para. 10 (1) (2)).

No specific form of assistance is mandated by paragraph 3. The obligation is to promote and encourage cooperation, which implies that all reasonable efforts are undertaken within the scope of available resources (Tobin, 2012 , pp. 330–331). It is assumed that developed states must carry a greater burden in seeking global implementation of children’s right to education (UN Committee on Economic, Social and Cultural Rights, 1991 General Comment no. 3, pp. 83-87). However, the Committee on the Rights of the Child has emphasised that states that are recipients of international aid also have an obligation to use such support effectively and efficiently ( 2002d , paras. 15–16, 2003 , para. 60 (b)).

The focus of aid elaborated in paragraph 3 is to eliminate ignorance and illiteracy and to facilitate access to scientific and technical knowledge and modern teaching methods. However, in any programme of assistance, it is imperative that account is taken of the ‘needs of developing countries’ and to ensure that it is developed in consultation with and is sensitive to social and cultural characteristics or context of any given state (Courtis and Tobin, 2019 , p. 1114). For example, children affected by emergencies including natural disasters and conflicts, commonly experience disrupted access to education, or no education at all (UN Committee on the Rights of the Child, 2007d ). When needed, States Parties must request and be provided with assistance from wealthier countries to ensure the right to education (UN Committee on the Rights of the Child, 2016b ). Its provision should be seen as a humanitarian relief measure with sufficient resources allocated to assure that education continues for children in such emergency situations (UN Committee on the Rights of the Child, 2007d ).

See, for example, concluding observations for Vietnam ( 2012a , para. 67 (b)) and Turkey ( 2012b , para. 59 (e)).

The UN Statistical Services Branch survey summarized in Leaving No One Behind (United Nations OHCHR, 2018 ) may serve as a useful guide for the collection of disaggregated data.

For additional recommendations, see ‘The Right to education’ (Courtis and Tobin, 2019 , p. 1079).

The Committee has also suggested the development of national strategies to address the high dropout rate of minority children. See, for example, concluding observations to Canada ( 2012f , para. 70 (b)) and Ecuador ( 2017b , para. 37 (a)).

See, for example, General Comment no. 8 (UN Committee on the Rights of the Child, 2007c , paras. 45–46); concluding observations for Turkey ( 2012b , para. 59 (d)), Hungary ( 2006c , para. 55), and United Kingdom and Northern Ireland ( 2002c , para. 48 (a)).

Courtis, C., & Tobin, J. (2019). Article 28: The right to education. In J. Tobin (Ed.), The UN convention on the rights of the child: A commentary (pp. 1056–1115). Oxford University Press.

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Lansdown, G., Vaghri, Z. (2022). Article 28: The Right to Education. In: Vaghri, Z., Zermatten, J., Lansdown, G., Ruggiero, R. (eds) Monitoring State Compliance with the UN Convention on the Rights of the Child. Children’s Well-Being: Indicators and Research, vol 25. Springer, Cham. https://doi.org/10.1007/978-3-030-84647-3_26

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Directive Principles of Our State Policy: Part IV (Articles 36-51)

Last updated on August 16, 2023 by Alex Andrews George

Directive Principles of State Policy are a set of guidelines or principles enshrined in Part IV (Articles 36 to 51) of the Constitution of India. Unlike fundamental rights, which are justiciable and can be enforced by the courts, Directive Principles are non-justiciable. This means that they are not legally enforceable by the courts, but they serve as important guidelines for the government in formulating policies and laws. Read here to know them in detail.

Part IV of the Indian Constitution deals with the Directive Principles of our State Policy (DPSP).

The provisions contained in this Part cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

The concept of Directive Principles of State Policy was borrowed from the Irish Constitution. While most of the Fundamental Rights are negative obligations on the state, DPSPs are positive obligations on the state, though not enforceable in a court of law.

Table of Contents

Directive Principles of State Policy (DPSP)

The Directive Principles of State Policy aim to promote the welfare of the people, ensure social and economic justice, and create a just and equitable society. They provide a framework for the government to strive towards achieving certain socio-economic goals, even though they may not be immediately attainable due to various constraints.

• While the Directive Principles themselves are not legally enforceable, they are considered fundamental in the governance of the country.
• They guide the formulation of policies and laws by the government and are taken into consideration by the legislature while enacting laws.
• Over the years, many judicial decisions and legislative measures have been influenced by the spirit of the Directive Principles.
• The balance between fundamental rights and Directive Principles is essential for creating a just and equitable society that respects individual freedoms while striving for the welfare of all citizens.

Some of the key principles outlined in the DPSP include:

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• Equal Pay for Equal Work: Ensuring that men and women receive equal pay for equal work .
• Right to Work, Education, and Public Assistance in Certain Cases: Ensuring opportunities for work, education, and public assistance, particularly for marginalized sections of society.
• Provision of Adequate Means of Livelihood: Ensuring that the citizens have the means to earn a livelihood that is adequate and sustainable.
• Equal Justice and Free Legal Aid: Ensuring that justice is accessible to all and that free legal aid is provided to those who cannot afford it.
• Promotion of Educational and Economic Interests of Scheduled Castes, Scheduled Tribes, and Other Weaker Sections: Ensuring the development and protection of marginalized communities.
• Protection of Monuments and Places of National Importance: Preserving cultural heritage and historical sites.
• Promotion of International Peace and Security: Pursuing policies that contribute to international peace and security.
• Uniform Civil Code: Striving to secure for the citizens a uniform civil code throughout the territory of India.
• Protection of the Environment: Promoting sustainable development and protecting the environment.

DPSP in detail

Article 36: definition.

In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III .

Article 37: Application of the principles contained in this Part

The provisions contained in this Part shall not be enforced by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Article 38: State to secure a social order for the promotion of the welfare of the people

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic, and political, shall inform all the institutions of the national life.

(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities, and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Article 39: Certain principles of policy to be followed by the State

The State shall, in particular, direct its policy towards securing –

(a) that the citizen, men, and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;  (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men, and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; (f) that children are given opportunities and facilities to develop in a healthy manner and conditions of freedom and dignity and that childhood and youth are protected against exploitation and moral and material abandonment.

Article 39A: Equal justice and free legal aid

The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities.

Article 40: Organisation of village panchayats

The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

Article 41: Right to work, education, and public assistance in certain cases

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement, and in other cases of undeserved want.

Article 42: Provision for just and humane conditions of work and maternity relief

The State shall make provisions for securing just and humane conditions of work and for maternity relief.

Article 43: Living wage, etc., for workers

The State shall endeavor to secure, by suitable legislation or economic organization or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavor to promote cottage industries on an individual or co-operative basis in rural areas.

Article 43A: Participation of workers in the management of industries

The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.

Article 43B: Promotion of cooperative societies

The State shall endeavor to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

This Article was not a part of the Constitution of India 1950 and was inserted by the Constitution (Ninety-seventh Amendment) Act, 2011 . It directs the State to promote the democratic functioning of cooperative societies.

Article 44: Uniform civil code for the citizen

The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

Article 45: Provision for free and compulsory education for children

The State shall endeavor to provide, within ten years from the commencement of this Constitution , for free and compulsory education for all children until they complete the age of fourteen years.

Article 46: Promotion of educational and economic Interests of Scheduled Castes, Scheduled Tribes, and other weaker sections

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes , and shall protect them from social injustice and all forms of exploitation.

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health

The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health.

Article 48: Organization of agriculture and animal husbandry

The State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife

The State shall endeavor to protect and improve the environment and safeguard the forests and wildlife of the country.

Article 49: Protection of monuments and places and objects of national importance

It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal, or export, as the case may be.

Article 50: Separation of Judiciary from the executive

The State shall take steps to separate the judiciary from the executive in the public services of the State.

Article 51: Promotion of international peace and security

The State shall endeavor to –

(a) promote international peace and security; (b) maintain just and honorable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organized people with one another; and (d) encourage settlement of international disputes by arbitration.

Amendments to DPSP

The DPSP has been amended four times.

• 42nd Amendment 1976: It added four new directive principles- Article 39, Article 39A, Article 43A, and Article 48A.
• 44th Amendment 1978: The 44th Amendment Act of 1978 created a new DPSP under Article 38, which mandates the State to reduce inequalities in income, status, facilities, and opportunities.
• 86th Amendment 2002: It altered Article 45’s subject matter, and under Article 21A, basic education became a fundamental right.
• 97th Amendment 2011: The 97th Amendment Act of 2011 created a new DPSP for cooperative societies under Article 43B.

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Reader Interactions

September 15, 2016 at 6:03 am

April 3, 2018 at 10:07 pm

Can you tell me,why Directive principles of state policy ‘S provisions shall not be enforceable in any court?

October 29, 2018 at 7:09 am

These are morals like things for state. But legally might not be binding anyone nd always not possible to follow.

December 20, 2018 at 2:37 pm

As the name suggests..this are the guidelines which means they are suggestions for better governance,since they are suggestions which means it comes with choice to use them or don’t use them. So they can not be challenged… Moreover India at Independence did not had enough resources to take the burden of fundamental rights and dpsp together.. because of it the constitutional assembly opted for it’s nature to be non justiciable.

February 21, 2019 at 11:52 pm

Because our economy is not big as we need. State or Central government can’t give all these facilities to the people of India at a time. It will take many years.

April 23, 2019 at 7:38 pm

Because the DPSP is just a recommendation to the state government to implement or create schemes which was added by the law makers thats why it was not enforced and we can’t file case in courts to get DPSP rights (sorry i don’t know that much english)

January 11, 2021 at 5:26 am

because in some cases govt. can not have such resources to give all provisions to public like employment , if it should be enforcable in any court than there should be a lot of cases in courts regarding employment, social and economic case . to remove these case it is not enforcable in courts .

August 8, 2021 at 1:32 am

Bcz these are not guaranteed as fundamental right so these are not enforceable against the state on the court.

September 12, 2021 at 9:41 am

beacuse it’s implementation cost more money but in india economic condition is not good for how thew implement it and if it is enforcible in court then everyone go to court for not implementing it by government.that’s why it is not enforcible in court😊

October 1, 2023 at 12:29 pm

because the assembly thought that the policies will turn out of date in future and they found unnecessary to add this ….

March 15, 2024 at 9:30 pm

Because the directive principles itself says under Article 37 that it is not enforceable in any court 🤣

May 1, 2018 at 4:00 pm

Very useful nice good

August 22, 2018 at 11:34 am

it shall be the duty of the State to apply these principles in making laws.

December 20, 2018 at 10:30 pm

Very nice question The main reason behind left DPSP unenforced. If once it became enforced then it become legal obligation upon the state to bring into conformity. So that it is left only for directive’s and compulsion.

December 29, 2018 at 12:18 pm

DPSP outside part IV i.e. Article 350 to 351 missing in this article.

February 23, 2019 at 5:22 pm

Thank you sir….this is very useful for upsc aspirants.. I’m also n IAS aspirant…

July 16, 2019 at 7:50 am

A Lengring sort of regime can’t be able to implement these norms.

September 7, 2019 at 4:13 pm

Can the government of the day be taken to task for not implementing DPs? Why?

September 25, 2019 at 7:37 pm

Super sir….. It’s really a nice article It is very very very helpful to us …

November 25, 2020 at 12:05 am

It’s better to understand. Good.

February 15, 2021 at 4:12 pm

Can you tell me an example of the Article 43?

February 15, 2021 at 4:15 pm

Can anyone tell me an example of the Article 43??

Nice Explanation,but could have given an example for all the articles. Just a small example would have been more easy to understand! Can you tell an example only for 43 at least???

Please!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 26, 2021 at 6:27 am

The Directive Principles of State Policy is the basic sole of Our constitution which directs the law makers of our Nation to enact laws to ensure equal ownership of entire citizens on national wealth and resources, to ensure equality in providing justice, facilities and protection of health, life and human rights of citizens equally. If the DPSP become enforceable through court of law, pro-corporate law-makers who want to convert the national wealth and resources into personal properties of few individuals, would not have scope to make laws to curtail the rights and facilities of other citizens to be treated them inferior in grade or as slaves, deviating from socialist concept of freedom that will transform India again into capitalist monarchy.

August 23, 2022 at 9:30 pm

Very useful Thank u sir

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Key data on girls and women’s right to education

This page presents several graphics analyzing the data generated from  HerAtlas , UNESCO’s interactive tool monitoring girls and women’s right to education worldwide . The graphics are updated regularly to reflect the latest data from the tool. 

Unless specified otherwise, data source is HerAtlas .

Right to education, pregnant and parenting girls

According to our monitoring tool, worldwide, 2% of countries restrict the right to education of married, pregnant and parenting girls and women in their legal framework. These countries are located in three different regions. The restrictions could either prohibit them from attending school or sitting an exam, limiting them to attend adult or evening classes, or separating them from their peers and isolating them for fear that they would ‘influence’ other students.

Data demonstrates that secondary school-aged girls are substantially more likely to be out of school when the legal right to education of pregnant and parenting girls is restricted, especially at the upper secondary level. It also follows the general trend, as there are more adolescent out-of-school at the upper secondary level.

62% of countries do not have a legislation that explicitly protect girls’ right to education in case of pregnancy but 33% do have such provisions, which are sometimes very detailed and protective. Latin America and the Caribbean is the region with the most countries that protect explicitly their right to education, followed by Europe and North America and then Africa.

While in 2019, 8 countries were restricting the right to education of pregnant, parenting and married girls in their legislation, four countries in the African region have put an end to such ban, therefore leaving only four countries with an explicit ban. 

The following graphics represent the data of indicator 12 of Her Atlas. According to the methodology of HerAtlas , the legislation is considered as explicitly protecting the right to education of pregnant and parenting girls only if there is a provision mentioning expressly pregnancy, parenting and education. Guaranteeing the right to education without discrimination is not considered as an explicit protection for this indicator.

Right to education, child marriage and gender-based violence in schools

According to the Joint CEDAW General Recommendation / CRC General Comment , capable child below the age of 18 may be allowed to get married provided that the child is at least 16 years old and that such decisions are made by a judge based on legitimate exceptional grounds defined by law and on the evidence of maturity.

Worldwide, 17% of countries still allow marriage before the age 18 years old for girls. 44% allow it from 18 years old, but with exceptions before that age. In such cases, exceptions can for example require a parental consent only, or a judicial one but with a minimum age below 16, and an absolute minimum age is not always set. 34% of countries do set a minimum age of marriage at 18 for girls, with no exception or judicial exceptions only with an absolute minimum age set at 16 years old.

At the regional level, Europe and North America is the region with the fewest number of countries that allow marriage before 18 years old for girls and with the highest number of countries setting 18 as the minimum age without exceptions, or only judicial ones with an absolute minimum age set at 16.

Globally, the percentage of child marriage is higher in countries where education is neither compulsory nor free. The percentage of women aged 20 to 24 who were first married or in union before their 18 is more than halved in countries where education is compulsory for nine years or more and fee for 12 years or more in comparison to countries where education is neither compulsory nor free.

Regarding legal protection against gender-based violence and corporal punishment within education establishments, 14% of countries provide for a wide protection (protecting from corporal punishment and physical, psychological and sexual violence), 54% with a partial protection, and 29% do not provide protection, among those, some authorizes the use of corporal punishment in schools. At the regional level, Latin America and the Caribbean is the region with the most countries providing a wide protection, but also with the most countries that do not provide for protection.

Right to education, compulsory, and free education

Worldwide, 16% of countries still do not guarantee the right to education in their Constitution or laws. Among the 84% of countries that legally protect the right to education, 58% explicitly guarantee it without discrimination based on sex and/or gender.

At the regional level, it is in Asia Pacific that the highest percentage of countries not guaranteeing the right to education can be found, while it is in the Arab region that there is the highest percentage of countries legally protecting the right to education without discrimination. Finally, both the Arab region and the Latin America & Caribbean region have the highest percentage of countries explicitly guaranteeing the right to education without discrimination based on sex and/or gender.

Regarding compulsory and free pre-primary education, worldwide, 27% of countries guarantee it in their legislation while 19% legally guarantee free or compulsory pre-primary education. At the regional level, it is in the Latin America & Caribbean region that there is the highest percentage of countries legally guaranteeing compulsory and free pre-primary education, followed by the Europe & North America region.

At the global level, 31% of countries legally guarantee compulsory primary and secondary education for at least nine years and free education for at least 12 years, while 5% of countries do not guarantee neither compulsory nor free primary and secondary education. The others either guarantee compulsory or free primary and secondary education, or they do guarantee both, but the duration of compulsory education is less than nine years, or the duration of free education is less than 12 years. At the regional level, it is in the Europe & North American region that there is the highest percentage of countries legally guaranteeing compulsory and free primary and secondary education, for a duration of respectively at least nine and 12 years.

Out of school and enrolment rate compared to the legal protection of free and compulsory education

When pre-primary education is neither legally compulsory nor free, the out-of-school rate of girls of primary school age is higher than the out-of-school rate of boys of the same age. On the contrary, when pre-primary education is legally compulsory and free, the out-of-school rate of girls of primary school age is lower than the out-of-school rate of boys of primary school age. For both boys and girls, the out-of-school rate of children of primary school age is lower when pre-primary education is legally compulsory and free.

Similarly, the out-of-school rate for children, adolescents and youth of primary, lower secondary and upper secondary school age is divided by three when primary and secondary education is compulsory for at least nine years and free for at least twelve years, compared to the out-of-school rate when education is neither compulsory nor free. While the out-of-school rate of girls is higher than the one of boys when education is neither compulsory nor free, the out-of-school rate of boys is higher than the out-of-school rate of girls when education is compulsory for at least 9 years and free for at least 12 years.

Finally, the gross enrolment ratio (GER) for tertiary education is multiplied by 6 when primary and secondary education is compulsory for 9 years and free for 12 years, compared to the tertiary education GER when primary and secondary education is neither compulsory nor free. The GER of boys in tertiary education is the same than the GER of girls when primary and secondary education is neither compulsory nor free, but the GER of boys is lower than the GER of girls when primary and secondary education is compulsory for 9 years and free for 12 years.

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Right-wing influencers were duped to work for covert Russian operation, US says

Attorney General Merrick Garland accused Russia Wednesday of using state media to enlist unwitting American influencers to spread disinformation ahead of the 2024 election.

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NEW YORK (AP) — They have millions of followers online. They have been major players in right-wing political discourse since Donald Trump was president. And they worked unknowingly for a company that was a front for a Russian influence operation , U.S. prosecutors say.

An indictment filed Wednesday alleges a media company linked to six conservative influencers — including well-known personalities Tim Pool, Dave Rubin and Benny Johnson — was secretly funded by Russian state media employees to churn out English-language videos that were “often consistent” with the Kremlin’s “interest in amplifying U.S. domestic divisions in order to weaken U.S. opposition” to Russian interests, like its war in Ukraine .

In addition to marking the third straight presidential election in which U.S. authorities have unveiled politically charged details about Russia’s attempted interference in U.S. politics , an indictment indicates how Moscow may be attempting to capitalize on the skyrocketing popularity of right-wing podcasters, livestreamers and other content creators who have found successful careers on social media in the years since Trump was in office.

The U.S. Justice Department doesn’t allege any wrongdoing by the influencers, some of whom it says were given false information about the source of the company’s funding. Instead, it accuses two employees of RT, a Russian state media company, of funneling nearly $10 million to a Tennessee-based content creation company for Russia-friendly content.

After the indictments were announced, both Pool and Johnson issued statements on social media, which Rubin retweeted, saying they were victims of the alleged crimes and had done nothing wrong.

“We still do not know what is true as these are only allegations,” Pool said. “Putin is a scumbag.”

In his post, Johnson wrote that he had been asked a year ago to provide content to a “media startup.” He said his lawyers negotiated a “standard, arms length deal, which was later terminated.”

Kostiantyn Kalashnikov and Elena Afanasyeva are charged with conspiracy to commit money laundering and violating the Foreign Agents Registration Act. They are at large, and it was not immediately clear if they had lawyers.

U.S. officials have previously warned of Russia’s use of unwitting Americans to further influence operations in the 2024 election, but Wednesday’s indictment is the most detailed description of those efforts to date.

At a forum on Thursday, Russian President Vladimir Putin appeared to suggest jokingly that he would support Vice President Kamala Harris in the upcoming U.S. election. Intelligence officials have said Moscow has a preference for Trump.

Putin authorized influence operations to help Trump in the 2020 election , while his 2016 campaign benefited from hacking by Russian intelligence officers and a covert social media effort, according to U.S. law enforcement and intelligence officials.

With the decline of traditional media like newspapers and limits on direct advertising on social media platforms, influencers are increasingly playing a key role in politics and shaping public opinion. Both the Republican and Democratic parties invited scores of influencers to their respective national conventions this summer. But with little to no disclosure requirements about who is funding influencers’ work, the public is largely in the dark about who is powering the messaging online.

Though the indictment does not name the Tennessee-based company, the details match up exactly with Tenet Media, an online media company that boasts of hosting “a network of heterodox commentators that focus on Western political and cultural issues.” Tenet’s website lists six influencers who provide content, including Pool, Johnson, Rubin, Lauren Southern, Tayler Hansen and Matt Christiansen.

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Tenet Media’s six main influencers have more than 7 million subscribers on YouTube and more than 7 million followers on X.

Fueled by public outrage and online fandom, the influencers who make up the bench of talent at Tenet Media have amassed millions of loyal followers who agree with their staunch conservatism and brazen willingness to voice controversial opinions. Their channels also have created communities for conservative Americans who have lost trust in mainstream media sources through Trump’s 2020 loss and the COVID-19 pandemic. Several of them have faced criticism for spreading political misinformation.

The indictment shows that some of the influencers were paid handsomely for their work. One unidentified influencer’s contract included a $400,000 monthly fee, a $100,000 signing bonus and an additional performance bonus.

Tenet Media’s shows in recent months have featured high-profile conservative guests, including Republican National Committee co-chair Lara Trump, former Republican presidential candidate Vivek Ramaswamy and U.S. Senate candidate Kari Lake. The nearly 2,000 videos posted by the company have gotten more than 16 million views on YouTube alone, prosecutors said.

Pool, a journalist-turned-YouTuber who first gained public attention for livestreaming the Occupy Wall Street protests, hosted Trump on his podcast earlier this year.

Johnson is an outspoken Trump supporter and internet personality who was fired from BuzzFeed after the company found evidence he’d plagiarized other works.

Rubin was previously part of the liberal news commentary show “The Young Turks” but has since identified as a libertarian. He boasts the largest YouTube following of Tenet’s influencer roster and hosts a show called “The Rubin Report.”

Tenet Media President Liam Donovan is the husband of Lauren Chen, a Canadian influencer who has appeared as a guest in several Tenet Media videos. Chen is affiliated with the conservative youth organization Turning Point USA and has hosted shows for the right-wing network Blaze Media. RT’s website also lists her as a contributor of several opinion articles from 2021 and 2022.

Suderman reported from Richmond, Virginia. AP reporter Garance Burke contributed from San Francisco and researcher Rhonda Shafner contributed from New York.

The Associated Press receives support from several private foundations to enhance its explanatory coverage of elections and democracy. See more about AP’s democracy initiative here . The AP is solely responsible for all content.

U.S. Jobs Report Shows Hiring Has Shifted Into Lower Gear

Ahead of a key Federal Reserve meeting to set interest rates, employers added 142,000 jobs in August, fewer than economists had expected, and previous months were revised downward.

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Monthly change in jobs

+142,000 jobs

Lydia DePillis

What to know about the latest report.

The labor market appears to have shifted into a lower gear, reinforcing concerns that businesses have little appetite to hire as interest rates weigh on investment and the path of consumer demand remains uncertain.

Employers added 142,000 jobs in August on a seasonally adjusted basis, the Bureau of Labor Statistics reported on Friday, a weaker-than-expected showing for the second consecutive month. And totals for June and July were revised downward.

The unemployment rate, however, dropped to 4.2 percent, after rising to 4.3 percent in July.

Here’s what else to know:

Revisions add to the cooler vibe: June and July were revised down by a combined 86,000 jobs, bringing the three-month average to 116,000 jobs. Over the year before last month, employers added an average of 202,000 jobs per month.

Wages came in stronger than expected: Average hourly earnings rose 0.4 percent in August from the previous month, or 3.8 percent from a year earlier, muddying a picture of declining labor demand. The average workweek also ticked up, indicating that workers are getting more hours.

People are still working at high rates: Labor force participation for people in their prime working years, ages of 25 to 54, ticked down slightly in August, to 83.9 percent. The July rate of 84 percent was the highest since 2001.

July’s unemployment rate was a blip: The July jump to 4.3 percent was mostly because of temporary layoffs. That number dropped back to its normal rate in August, bringing the unemployment rate to 4.2 percent along with it.

By another measure, slack is increasing: A broader measure of underemployment that includes people working part time who would rather be working full time ticked up to 7.9 percent in August, the highest level since October 2021.

Sector growth has narrowed even more: The industries adding significant numbers of jobs in August were health care and social assistance, food and drinking establishments, and construction, which has remained surprisingly resilient in the face of high interest rates. Manufacturing has not been so resilient, and shed 24,000 jobs.

What it means for the Fed: The latest report comes at a critical time for Federal Reserve officials . They have shifted their attention from inflation, which has fallen markedly, to the health of the labor market. The Fed chair, Jerome H. Powell, has said he doesn’t want to see opportunities for workers diminish further, and has signaled that the central bank will begin lowering interest rates in mid-September. The question is by how much.

Danielle Kaye

Stocks are selling off, perhaps reflecting nervousness about the economy. Led by a decline in tech stocks, the S&P 500 is down about 1.6 percent after remaining relatively flat right after the jobs report. The tech-heavy Nasdaq is down more than 2 percent.

S&P 500

Jeanna Smialek

Chris Waller, a Fed governor, gave a speech today with a little something for everyone. He avoided clearly committing to a big rate cut in September, but he did say that cooling data “requires action,” that he is open to “front-loading” rate cuts if “appropriate,” and that he is “open-minded about the size and pace of cuts.”

In short, Waller is alert to the fact that the job market is cooling, but he is holding off on committing the Fed to either a big or a small rate cut.

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The jury is still out, but Lauren Goodwin of New York Life Investments said she expects the Fed to go with a smaller, quarter-point rate cut this month, partly due to the risk that a bigger move could spook the market. “At this point, the biggest risk to the economy, which is of course what the Fed is worried about, is the market itself,” she said.

Sydney Ember

In a statement, President Biden hailed the August jobs data. “Thanks to our work to rescue the economy, nearly 16 million new jobs have been created, wages and incomes are rising faster than prices, businesses are investing in America, and millions of entrepreneurs are opening small businesses,” he said. “With inflation back down close to normal levels, it is important to focus on sustaining the historic gains we have made for American workers.”

He also used the opportunity to nod at the upcoming presidential election, saying that “the last thing we should do is turn back to the failed trickle-down economics pushed by Congressional Republicans.”

Republicans attacked the report as evidence that the economy was weakening and tried to tie that to Vice President Harris, the Democratic presidential nominee. “Job growth was much lower than expected in August, while revisions over the previous two months indicate gaping holes in Kamala’s economy,” the Republican National Committee said in a statement.

Ben Casselman

Downward revisions could be a warning sign.

Job growth picked up in August, but June and July’s figures were revised down.

If that sentence sounds familiar, there’s a reason: There has been a consistent pattern of negative revisions in recent job reports.

Back in February, for example, the Labor Department reported that employers had begun the year with a bang, adding 353,000 jobs in January . That has since been revised down to a still-healthy but less impressive gain of 256,000.

The following month was revised down too, from an initially reported gain of 275,000 to a more modest increase of 236,000. Only once this year have the numbers been revised higher from their initial estimate to the latest reading, and that was a modest 7,000 upward revision to the March number.

Revisions, in themselves, are not unusual. The monthly job numbers are based on a survey of roughly 119,000 employers. Not all the employers respond in time, so government statisticians make assumptions to fill in the blanks for the preliminary estimate. Over the next two months, more people respond to the survey, and the government updates its estimates accordingly. The recent revisions haven’t been particularly large by historical standards.

The recent pattern of downward revisions could be a bad sign, however. When the economy is at a turning point — heading into a recession, or beginning to emerge from one — the statistical assumptions that are used to fill in the blanks can be wrong. Ordinarily, for example, if a business doesn’t respond to the survey, that probably means someone forgot to submit the data; in a recession, such a failure to respond might mean the business has closed.

The monthly revisions aren’t the final word on the job numbers. Once a year, the government updates its data to reconcile the survey results with more reliable but less timely figures from state unemployment offices. Last month, the Labor Department released a preliminary version of that revision, which showed that there were 818,000 fewer jobs in March than previously reported. That change won’t be reflected in revised month-by-month statistics until early next year.

Joe Rennison

As markets opened for the day, stocks wobbled with the S&P 500 settling to trade roughly flat. The tech heavy Nasdaq Composite fell more meaningfully, down 0.3 percent.

Some important context on the unemployment rate, via a note from Capital Economics: While the rounded version shows a decline, more precisely speaking it slipped from 4.25 percent to 4.22 percent.

This jobs report — with hiring below expectations (bad) but unemployment ticking down (good) — could support either a quarter- or half-point rate cut from the Fed later this month, said Josh Jamner of ClearBridge Investments. “Investors will focus on next week’s inflation data as the final clue,” he said.

Investors now see a 50-50 chance of either a large (half point) or a normal (quarter point) Fed rate cut in September, as they assess this jobs report. The Fed official who is currently speaking -- the New York Fed president, John Williams -- seems to be avoiding committing either way.

If nothing changes between now and Sept. 18, this could make for a very exciting Fed meeting later this month! It’s pretty rare to go into a Fed meeting without knowing what to expect.

John Williams, the New York Fed president, said that today’s jobs report is “consistent with what we’ve been seeing: a slowing economy, a cooling off in the labor market” and that the Fed wants the data broadly to “be in balance, and stay in balance.”

He said that the Fed would have to look at the entirety of the data. In short, he did not really tell us how the central bank is going to react to these numbers.

Kathy Bostjancic, chief economist at Nationwide, writes in a reaction note that between the hiring number, the lower unemployment and the decent average hourly earnings, this report is “not likely enough” for Fed officials to make a half-point rate cut later this month. It would’ve needed to be weaker.

“August delivered decent job gains, wage growth beating price growth, and an important tick down in the unemployment rate. Simply put, we’ve got jobs and wages up, and inflation and unemployment down,” Jared Bernstein, the chair of the White House Council of Economic Advisers, said in an email.

On a slightly more positive note, the average hourly workweek ticked up by 0.1 hour, to 34.3 hours in August. Economists are watching this measure closely for underlying signs of weakness among employers that could affect how much money is in workers’ pockets.

Talmon Joseph Smith

Some financial analysts who typically avoid policy prescriptions are speaking out in favor of the Fed going for a larger-than-expected first interest rate cut. That includes Omair Sharif of Inflation Insights, who just wrote a note titled “Time to Cut 50bps” — which in monetary terms (a half-point cut) would be a more aggressive response to current weakness.

The yield curve, a recession indicator that investors vociferously debate the efficacy of , has flirted with turning positive recently and it looks as if the jobs report may be what does it. But what does that mean?

It means longer-dated government bond yields are once again higher than shorter-dated yields. And that typically comes before the Fed starts to cut interest rates. The reason that is seen as worrying is that the Fed often cuts interest rates as the economy is weakening.

The unemployment rate ticked down in August, as companies brought back workers who had been on temporary layoff in July. But over the slightly longer term, joblessness has been rising gradually. The unemployment rate was 4.2 percent last month, up from a low of 3.4 percent as recently as April 2023.

The Unemployment Rate Ticked Down

Unemployment rate

John Williams, the New York Fed president, is speaking now at the Council on Foreign Relations. The text of his speech, which was obviously written before this report, does not comment on rate cut size, but there will be a Q. and A. session when he finishes reading the speech. That’s the thing to watch (and we’ll keep you posted on what he says).

For the Federal Reserve, a sign that the job market is cooling but not imploding.

Year-over-year percentage change in earnings vs. inflation

+3.8% in Aug.

+2.9% in July

Consumer Price Index

Avg. hourly earnings

Federal Reserve officials are moving toward their first rate cut since the 2020 pandemic downturn as they try to keep the economy from cooling too much. Friday’s fresh jobs data gave them reasons for both comfort and concern.

Unemployment eased slightly to 4.2 percent in August, from 4.3 percent in July — a sign that joblessness has not started a relentless march upward, which is welcome news for both American workers and Fed officials. But hiring was weaker than economists had expected, with 142,000 jobs added in August.

Altogether, the report suggested that the job market was slowing, but not imploding, more than two years into the Fed’s campaign to slow the economy with higher interest rates. That has kept Fed officials noncommittal and investors guessing about just how much the Fed will cut rates this month.

Fed policymakers raised interest rates starting in 2022 to tap the brakes on a hot economy. At the time, hiring was rapid and wage growth robust, and officials worried that a burst of rapid inflation would not fade on its own against that backdrop. They ultimately lifted borrowing costs to a more-than-two-decade high of 5.3 percent, where they remain.

But inflation has been cooling notably and wage gains have been steadily moderating, so Fed officials have become increasingly wary of overdoing it. They wanted to return the job market and economy to a sustainable pace, but they do not want to cause either to crash.

That is why the Fed is poised to lower interest rates. The question has been whether policymakers will cut rates by a quarter percentage point or a half percentage point at their Sept. 17-18 gathering. That was one reason that Wall Street was intently focused on Friday’s jobs report: If it showed clear cracks in the labor market, investors expected it to prod the Fed toward a bigger rate cut.

But because the report contained both good and bad news, it did not seal the deal on either a small or a large rate cut. Two important Fed officials noted that the labor market was slowing and that rates needed to come down, while keeping the possibility of a move of either size on the table.

John C. Williams, president of the influential Federal Reserve Bank of New York, spoke shortly after the data came out.

The fresh jobs data was “consistent with what we’ve been seeing: a slowing economy, a cooling-off in the labor market,” he said. He later told reporters that he did not have a personal view on the size of the rate cut yet.

Christopher J. Waller, a Fed governor, offered similar comments, although the way he framed them left some Wall Street analysts with the impression that he would favor a quarter-point reduction in September.

“The labor market is continuing to soften but not deteriorate, and this judgment is important to our upcoming decision on monetary policy,” he said.

“As of today, I believe it is important to start the rate cutting process at our next meeting. If subsequent data show a significant deterioration in the labor market, the FOMC can act quickly and forcefully to adjust monetary policy,” he added.

Because of the way he sequenced that line — first signaling that rate cuts should start, then suggesting that they could speed up if needed — some economists thought he meant that rate cuts would start small and then adjust.

Stocks sank after Mr. Waller spoke, perhaps in part because investors were disappointed that rate cuts might take longer. Bets for a quarter-point rate cut in September increased after his remarks.

Still, Mr. Waller’s comments stopped well short of a firm commitment. The door remains open to a move of either size.

Once the Fed starts to cut borrowing costs, those lower interest rates should slowly trickle out through the economy to keep growth from slowing as much. Already, mortgage rates have started to nudge down thanks to expectations for lower Fed borrowing costs.

That could shore up demand and help to prevent the job market from slowing a lot more.

“We do not seek or welcome further cooling in labor market conditions,” Jerome H. Powell, the Fed chair, said during a speech in late August.

He also said the Fed “will do everything we can to support a strong labor market as we make further progress toward price stability.”

Treasury yields dropped even further after the report, as investors ponder whether the weaker-than-expected numbers are enough for a bigger interest rate cut from the Fed later this month.

Somewhat curiously, the likelihood of a larger rate cut in September has increased after the numbers, despite other measures of rate expectations falling. Sometimes these moves can take a little while to shake out.

The downward revisions are part of a recent pattern. The initially reported numbers have tended to be revised down in subsequent months — and preliminary data released last month suggests the numbers will be revised down by even more in annual updates released next year.

A consistent pattern of revisions in either direction often suggests the economy is at a turning point, and that government data is struggling to adjust to shifting patterns. So the recent downward revisions are yet another sign that the job market is weakening.

In good news for workers at this moment of anxiety about the economy, average hourly earnings for private employees grew at a faster pace than expected: 0.4 percent on a monthly basis and 3.8 percent on a yearly basis.

Some sectors showed signs of weakness, including manufacturing, which lost 24,000 jobs in August.

Growth is Led by Education and Health

Change in jobs in August 2024, by sector

Education and health

+47,000 jobs

Leisure and hospitality

Construction

Business services

Manufacturing

But hiring in construction has continued to hold up despite high interest rates, with employers adding 34,000 jobs.

For the Federal Reserve, today’s jobs report is a mixed one. Central bankers have been wary that the labor market might be beginning to crack. This suggests things are definitely slowing, but not falling apart.

“We do not seek or welcome further cooling in labor market conditions,” Jerome Powell, the Fed chair, said last month .

The Fed is widely expected to cut interest rates at its meeting on Sept. 17-18, its first reduction since early in 2020. The question has been how big that will be, a typical quarter point or a larger half point. This number may not be enough to clearly resolve that. But two Fed officials are speaking today — they may clear it up.

Stocks are struggling to pick a direction in response to the report. A weaker labor market might encourage the Fed to cut rates more quickly, which is seen as positive for the market. But the only reason the Fed would do that is because the economy, or at least the labor market, is flagging more than expected.