Constitution Study #12: A look into Article 31 of the Constitution of Nepal
Quality and equitable education is the pre-requisite for advancement of individuals as well as other constitutional rights, such as dignified life, employment, equality, and participation. In Nepal, Right to Education is a special constitutional provision to equip every citizen with the tools to participate fully in national life. The Sixteenth Plan recognizes that human capital development, promoted by education, is crucial to economic transformation. Yet, as with many promises in our Constitution Study Series, the challenge lies in delivery.
In this post, we discuss…
What the Constitution Says on Right to Education
Article 31, the Right to Education, in the Constitution of Nepal (Article 31) guarantees:
(1) Every citizen shall have the right of access to basic education.
(2) Every citizen shall have the right to get compulsory and free education up to the basic level and free education up to the secondary level from the State.
(3) The citizens with disabilities and the indigent citizens shall have the right to get free higher education in accordance with law.
(4) The visually impaired citizens shall have the right to get free education through brail script and the citizens with hearing or speaking impairment, to get free education through sign language, in accordance with law.
(5) Every Nepali community residing in Nepal shall have the right to get education in its own mother tongue and, for that purpose, to open and operate schools and educational institutes, in accordance with law.
These provisions are consistent with Nepal’s international commitments under the Universal Declaration of Human Rights (Article 26) and Sustainable Development Goal 4.
Progress in Numbers
From the Sixteenth Plan:
| Indicator | Current Status | Sixteenth Plan Target (2028/29) | Long-term Vision (2043/44) |
|---|---|---|---|
| Literacy rate (5+ years) | 76.3% (2022/23) | 85%+ | 99% |
| Gross enrolment in higher education | 17.77% (2022/23) | 32% | – |
| Gender parity index in education | Primary: 1.02, Secondary: 1.05 | Maintain >1 | Maintain >1 |
| Net enrolment rate (Grade 1–8) | ~95% | 100% | 100% |
| Dropout rate (basic level) | ~7% | <3% | Near 0% |
| Technical & vocational enrolment share | 20.7% | 30% | – |
| Schools with internet access | 35.5% | 80% | 100% |
Key Achievements
There have been some progress in the education sector in Nepal, as suggested by the following data.:
- Rising literacy: The rate of literacy has been rising, especially among women, from 25% in the early 1990s to nearly 70% in 2021.
- Increased higher education enrolment: It has tripled since the 2000s.
- Targeted inclusion programs: Scholarships for Dalit and marginalized students, free textbooks, and mid-day meal programs in some provinces have increased school enrolment.
- Digital expansion: Online learning initiatives and school internet access have advanced the 2019 pandemic.
Challenges in Meeting the Right to Education
Despite annual budget allocation of about ten percent, achievements in education sector have been meagre. The peristent challenges in implementing Right to Education include:
- Quality vs. Quantity
While enrolment rates are high, learning outcomes are often poor. Many grade 5 students struggle with grade 2-level reading comprehension. - Geographical Disparities
Mountain and rural districts face teacher shortages, multi-grade classrooms, and seasonal school closures due to weather. - Dropouts and Transition Gaps
Economic pressures lead to early school leaving, especially for girls—linked to child marriage, household labor, or migration. - Inequity in Higher Education Access
Although higher education enrolment is rising, it is disproportionately urban. Technical and vocational training opportunities are still limited. - Digital Divide
Internet penetration in schools is uneven; many rural students have no access to devices or stable connectivity.
The Way Forward
To close the gap between constitutional ideals and reality:
- Update curriculum to meet national and international needs and standards.
- Upgrade teacher training and link incentives to performance and retention in remote areas.
- Expand school infrastructure, including labs, libraries, and digital access points.
- Increase scholarships beyond secondary level to include vocational and tertiary education for marginalized communities.
- Promote mother tongue instruction in early grades to improve comprehension and reduce dropouts.
- Align education with labor market needs through stronger technical/vocational programs.
Nepal has the vision, constitutional mandate, and policy roadmap. The challenge now is ensuring that the Right to Education is not just an enrolment number, but a lived reality for every child.
