NEW DELHI: The National Knowledge Commission (NKC) has found the Model Right to Education (RTE) Bill for children in the 6-14 age group inadequate to meet the ``constitutional responsibilities of the Government of India.''

Instead, the Centre should enact legislation on the lines of the Panchayati Raj (Amendment) Act, requiring the States to enact their own RTE Bills within a specified period.

The primary financial responsibility for thisshould rest with the Centre, NKC Chairman Sam Pitroda has said in identical letters to Prime Minister Manmohan Singh and Human Resource Development (HRD) Minister Arjun Singh.

The letter doubles up as a critique on the model Bill drafted after the Centre decided to pass on the responsibility of operationalising the Fundamental Right to Education to the State Governments in view of the huge expenses it entails.

The Ministry's estimate that an additional Rs. 53,000 crore would be needed annually evoked objections from both the Planning Commission and the Finance Ministry.

Describing the model Bill as ``flawed'' and factoring in the Centre's concerns about enacting legislation on a subject that is predominantly the responsibility of the State Governments, the NKC has noted that this issue can be resolved by appropriate Central legislation.

Another flaw it has found is that the model Bill is not justiciable and the onus of providing education to every child has been placed on parents/guardians. Pointing out that the RTE will be meaningful only if it is justiciable, the NKC has said the Government's responsibility at different levels must be recognised and made justiciable as in the National Rural Employment Guarantee Act.

Further, the Centre must provide the bulk of the additional funds required to ensure RTE. A provision to this effect should be made in the legislation.

Critical of the model Bill for not providing any time frame for adoption and implementation of the provisions, the Commission has said the State legislation should specify the period within which universal education of reasonable quality will be achieved. An ideal time frame will be three years.

Carrot and stick policy

The model Bill was sent to State Governments for their comments in June. Adopting a carrot and stick policy, the HRD Ministry said those enacting legislation on the parameters drawn up in the Model Bill would be allowed to continue with the existing pattern of funding for the Sarva Shiksha Abhiyan (SSA) in XI Plan.

States which refused to adopt the model Billwould have to pick up 50 per cent of the funding for SSA as stipulated in the Memorandum of Understanding signed with the Centre.

The States — already facing a strain on resources — see the model Bill as an abdication of the Centre's responsibility and many of them have communicated this view to the Ministry.

Their contention is that it was the Centre, which first decided to make education a Fundamental Right four years ago and the Ministry should have factored in the huge finances it would entail before taking on this responsibility.

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