READING

MATERIAL FOR
LAW AND
EDUCATION

Disclaimer: The reading material provided herein is just for reference and contains basic
pointers which should be present in the answer. Readers are at liberty to add, remove or
substitute things as per their wish. The compiler should at no point of time be blamed for the
negative results if they accrue at any given point of time.
 Impact of Globalization on Education
Globalization is an umbrella term for a complex series of economics social, technological,
cultural and political changes across globe. It is a process of increasing interdependence and
interaction among people, companies and governments of different nation, driven by
international trade and made possible by innovation in information technology. Globalization
is the increasing interconnection of people and places as a result of advance in transport,
communication, Information Technology and in Education also. Over thousands of years,
globalization has contributed to the progress of the world through travel, trade, migration,
spread of cultural influences, and dissemination of knowledge and understanding. These global
interrelations have often been very productive in the advancement of different countries.

Globalization of Education:

Education can become globalization in three ways. These are by admitting foreign students,
offering educational programmes in foreign campuses through tie ups or collaborations and
establishing educational campuses in foreign countries. Developed countries are using all three
routes, though we have yet to see a full-fledged campus of any foreign university in India. But
the other two options are being exploited to the hit.

Impact of Globalization on Indian Education

Because of the commercialization, educational sector has been more commonly described as
not service sector, but education industry. The free-market philosophy has already entered the
educational sphere in a big way. Commercialization of education is the order of the day.
Commercial institutions offering specialized education have come up everywhere. In view of
globalization, many corporate universities, both foreign and Indian, are encroaching upon our
government institutions. Once these institutions turn „self-financing‟, their prices would be
benchmarked against their global counterparts, which would be affordable to the same top layer
of the society. Meanwhile, various kinds of price barriers would be imposed to prevent the
entry of the non-elite like the downtrodden and poor communities.
Further, Corporatisation has transformed the education sector into an enterprise for profits.
Beyond a small group of elite institutions, few Indian institutions are globally accredited or
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recognized. Thus, the competition for a handful of elite institutions is severe. The Indian
education system is not able to mobilize funds from its students at home. By some accounts,
Indian students, whose fees are paid by their parents, have become a net subsidizer of British
higher education; the largest number of foreign students in the US come from India, some
80,000; and there are even an estimated 5,000 Indian medical students in China. Many of the
best students go abroad.

Globalization has made education an extraordinary business opportunity with a great impact
on employment. In the current scenario, Universities from different parts of the world want to
join hands with Indian Universities and be a part of India's lucrative economic strength.
Partnership, Academic Exchanges, Joint Ventures, Research Collaboration, just about
everything short of building a campus on Indian soil (illegal) are the ways in which Universities
in the UK are seeking a stake in India. Large Industrial Organizations like Tatas, Reliance,
Essars or the Associations like CII, FICCI, SIAM & ACMA start the initiatives to start
Institutes of Excellence throughout India with collaborations from Institutes like Harvard
School of Business, MIT in USA & London School of Economics. There are certain advantages
in Recruiting Overseas Students like students will get international exposure and they will
develop skills such as talking to industry, making presentations and dealing with senior
managers. Recruiting overseas students is a way of getting financial advantage for the
universities.

Advantages due to globalization:

The merits of globalization of education are:

i) Education will improve if it is internationalized and healthy competition takes place;
ii) It will provide global opportunities and promote international good will; and
iii) It will encourage exchange of scholars. This can be done by involvement of reputed scholars
in the respective countries in curriculum designing and transaction of knowledge
iv) The student understands their level. So that they can improve..
v) Up to date information can get the students through the globalization.
vi) Never before was information so readily available at the press of a button, the Internet has
changed the way the world behaves. Even school children search the web for study material to
support their homework.
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vii) The Internet has also played a major role in streamlining administrative procedures and
processes of universities worldwide.
viii) On –Line courses and discussion have often proved to be more rewarding than regular
classroom interactions as they allow for student and teachers from different parts of the world
to converge.
Challenges posed by Globalization on Indian Education

In the world of unequal opportunities, idea and knowledge are the emerging factors that decide
development or lack of it, education cannot be left entirely to market forces. Further, market
needs should be kept in view while developing the curriculum. The element of productivity
orientation should guide the formulation of curriculum framework. It is also necessary that
while deciding about the fee structure and other student levies, the tendency towards
commercialization of education should be guarded against. Globalization poses challenges like
• Faculty Shortage • Quality of education • Incentive structures etc.

Problems faced by Indian Students:

i) One of the causes for poor communication skills.
ii) Another cause is the family background of the students, specially the educational
background of the members of the family. While this is not a drawback, what is significant is
the fact that most family members did not have adequate interaction with their children in
various capacities. Modeling from within the family was not available to the majority of the
students.
iii) Another cause is the poor family educational background of most students. Members of the
family of most of these students do not have powerful educational background; neither do these
families provide resources such as books, and stimulating modeling settings to develop
adequate communication skills.
iv) There is a lack of educational facilities such as Internet and Web camera and also some of
the students even now don’t know to browsing.
v) While there is great appreciation for education and the benefits good education brings in
terms of jobs, economic and social status, parents of these students often feel helpless.
vi) Lack of confidence is another reason. Lack of confidence engenders hesitation and people
avoidance.

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Effective Utilizations of globalization:
i) Students should be encouraged to take the help of good teachers who can provide them with
proper guidance. However, volunteer teachers are hard to come by.
ii) The parents of students should be encouraged to motivate their children.
iii) In the last analysis if students themselves are not dynamic, hard-working, and diligent,
nothing could be achieved. They must have a desire to succeed, and they should be able to put
in hard work to achieve their desires.

Conclusion:
The education system must ensure that students gain not just depth of knowledge in these
subjects but a holistic perception and skills that will equip them to face the real world. At every
stage, there must be opportunities to expand their boundaries, platforms for collaboration and
learning and recognition for those who strive to excel. Further, market needs should be kept in
view while developing the curriculum. The element of productivity orientation should guide
the formulation of curriculum framework. It is also necessary that while deciding about the fee
structure and other student levies, the tendency towards commercialization of education should
be guarded against. India should decide about the nature and extent of globalization that can
be constructively introduced in their socio-economic and educational systems. While it is
difficult to resist the temptation of falling in line with the international community, it is
necessary that while doing so, the paramountcy of national interests should be kept in view.
This is more so in the field of education, which is intimately concerned with the development
of human capital. Ultimately, any hasty involvement in the global educational market can end
up in harming the vital interests of students, and particularly of poor and downtrodden for
generations to come. Proper regulatory mechanisms to be established to ensure that the
universities, the privately funded ones, do not end up exploiting students. Finally, it is about
always trying to push the bar a little more, constantly innovating and never standing still. If the
educational institutions believe in a value-based education system, then their students will excel
in all walks of life. At schools and colleges that believe in educational excellence, student
enthusiasm and feedback is an important driver of change and evaluation. They create a vibrant,
student community that continually innovative and excels in all spheres from academics to arts
and sports. Globalization is a never-ending process and Developing countries like India should
utilize this properly to improve their national standard through their education system.

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 Constitutional and Legal Framework for RTE

The Right to Education (RTE) is a fundamental right enshrined in the Indian Constitution under
Article 21A, which guarantees free and compulsory education for all children between the ages
of 6 and 14 years. The constitutional and legal framework for the RTE in India is a complex
one, comprising of several acts, policies, and case laws. In this answer, we will provide an
overview of the constitutional and legal framework on the Right to Education in India, along
with some relevant case laws.

Constitutional Framework:

Article 21A: The Right to Education

Article 21A was inserted in the Indian Constitution in 2002 by the 86th Amendment Act. It
states that "The State shall provide free and compulsory education to all children of the age of
six to fourteen years in such manner as the State may, by law, determine."

Article 45: Provision for free and compulsory education for children

Article 45 of the Indian Constitution provides that "The State shall endeavour to provide, within
a period of ten years from the commencement of this Constitution, for free and compulsory
education for all children until they complete the age of fourteen years."

Article 51A: Fundamental Duties

Article 51A of the Indian Constitution makes it a fundamental duty of every citizen to "provide
opportunities for education to his child or, as the case may be, ward between the age of six and
fourteen years."

Legal Framework:

Right of Children to Free and Compulsory Education Act, 2009

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The Right of Children to Free and Compulsory Education (RTE) Act, 2009 is the primary
legislation that governs the Right to Education in India. It provides for free and compulsory
education for all children between the ages of 6 and 14 years. Some of the key provisions of
the Act are:

25% reservation for economically and socially disadvantaged children in private schools.
Provision for no detention policy up to class 8th.
Provision for continuous and comprehensive evaluation (CCE) of students.
Provision for ensuring quality education through teacher training, curriculum development, and
infrastructure development.
Some important case laws related to the RTE Act are:

Role of Judiciary in Right to Education:

The judiciary plays a crucial role in ensuring the Right to Education (RTE) is protected and
enforced in India. Here are six landmark cases that highlight the role of the judiciary in this
regard:

Unnikrishnan JP v. State of Andhra Pradesh (1993): In this case, the Supreme Court
recognized the right to education as a fundamental right under Article 21A of the Constitution.
The court also held that the government has a duty to provide free and compulsory education
to all children between the ages of 6 and 14 years.

Mohini Jain v. State of Karnataka (1992): In this case, the Supreme Court declared that
charging capitation fees for admission to educational institutions was unconstitutional as it
violated the right to equality of educational opportunity. The court also held that educational
institutions must admit students solely on the basis of merit and not on the basis of monetary
considerations.

Ashoka Kumar Thakur v. Union of India (2008): In this case, the Supreme Court upheld the
constitutional validity of the 93rd Constitutional Amendment that inserted Article 15(5) into

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the Constitution. This amendment allows the government to provide for reservation in
educational institutions for socially and educationally backward classes of citizens.

Pramati Educational and Cultural Trust v. Union of India (2014): In this case, the Supreme
Court held that the Right to Education Act, 2009, which mandates that all private unaided
schools reserve 25% of their seats for children from economically weaker sections, is
constitutionally valid. The court also held that the government must reimburse these schools
for the cost of educating these children.

Society for Unaided Private Schools of Rajasthan v. Union of India (2012): In this case, the
Supreme Court held that the Right to Education Act, 2009, does not violate the right to carry
on a trade or business under Article 19(1)(g) of the Constitution. The court also held that the
provision requiring private unaided schools to reserve 25% of their seats for children from
economically weaker sections is a reasonable restriction on the right to carry on a trade or
business.

State of Tamil Nadu v. K. Shyam Sunder (2018): In this case, the Madras High Court directed
the government to ensure that all government and government-aided schools in the state have
separate toilets for boys and girls. The court held that providing separate toilets is essential for
ensuring that the right to education of girl students is protected and upheld.

People's Union for Civil Liberties v. Union of India (2003): In this case, the Supreme Court
held that the government had a duty to provide free and compulsory education to all children,
including children with disabilities. The court also directed the government to implement
measures to ensure that children with disabilities had equal access to education.

T.M.A. Pai Foundation v. State of Karnataka (2002): In this case, the Supreme Court held
that private educational institutions had the autonomy to establish and administer their own
institutions. However, the court also held that the state could regulate admissions to these
institutions to ensure that the right to education was upheld.

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Conclusion:

The constitutional and legal framework on the Right to Education in India is a robust one,
aimed at ensuring free and compulsory education for all children between the ages of 6 and 14
years. The RTE Act, along with various case laws, provides a framework for ensuring that every
child has access to education, regardless of their social and economic background.

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 Analysis of National Education Policy, 2020

The National Education Policy (NEP) 2020 is a comprehensive policy document aimed at
transforming the education system in India. The policy was approved by the Union Cabinet on
July 29, 2020, and replaces the previous policy which was formulated in 1986 and revised in
1992. The NEP 2020 aims to provide a framework for the development of education in India
over the next two decades.

The NEP 2020 is based on the principles of equity, access, quality, affordability, and
accountability. It is a holistic policy that covers all levels of education, from pre-school to
higher education. The policy aims to create a system that is learner-centric, research-oriented,
and culturally rooted.

Key Features of the NEP 2020:

Early Childhood Education and Care: The NEP 2020 recognises the importance of early
childhood education and care and aims to provide universal access to quality early childhood
education for all children in the age group of 3-6 years.

School Education: The policy proposes a new 5+3+3+4 curricular and pedagogical structure
for school education, replacing the existing 10+2 structure. The new structure includes a
foundational stage of 3 years (ages 3-8), a preparatory stage of 3 years (ages 8-11), a middle
stage of 3 years (ages 11-14), and a secondary stage of 4 years (ages 14-18).

Higher Education: The policy proposes significant changes to higher education in India. Some
of the key proposals include the establishment of a single regulator for higher education, the
introduction of a four-year undergraduate program with multiple exit options, and the setting
up of a National Research Foundation to fund research and innovation.

Multilingualism: The NEP 2020 recognises the importance of multilingualism and proposes
the teaching of at least two languages from the early years of schooling. It also proposes the
use of the mother tongue or local language as the medium of instruction until at least Grade 5.

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Teacher Education: The policy proposes the establishment of a National Curriculum
Framework for Teacher Education, the creation of a National Mission for Mentoring, and the
development of a new comprehensive National Curriculum Framework for School Education.

Technology in Education: The NEP 2020 emphasizes the use of technology in education and
proposes the creation of a National Educational Technology Forum to provide a platform for
the free exchange of ideas on the use of technology in education.

Critique of the NEP 2020:

Implementation: The implementation of the NEP 2020 is a huge challenge. The policy proposes
significant changes to the education system in India, and it remains to be seen how these
changes will be implemented at the ground level.

Financial Implications: The implementation of the NEP 2020 will require significant financial
resources. The policy proposes the establishment of new institutions, the recruitment of new
teachers, and the creation of new infrastructure. It remains to be seen how these resources will
be mobilised.

Standardisation: The NEP 2020 emphasises the importance of standardisation in education.

However, the policy fails to take into account the diversity of the Indian education system and
the unique needs of different regions and communities.

Privatization: The NEP 2020 promotes the involvement of the private sector in education.
However, this could lead to the commercialisation of education and the exclusion of the
economically weaker sections of society.

Multilingualism: The NEP 2020 emphasises the importance of multilingualism. However, it

does not take into account the existing language hierarchies and power structures in India.

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 Critic on Private Universities v Public Universities
(Short Notes)

Private universities and public universities both play a vital role in the education system of a
country. While public universities are established and funded by the government, private
universities are established and run by private organizations or individuals. There are several
differences between the two types of universities, and each has its own advantages and
disadvantages.

One advantage of private universities is that they have more flexibility in terms of course
offerings and curriculum development. They can respond to market demands more quickly
than public universities and can tailor their programs to meet the needs of specific industries.
Private universities also have greater autonomy in decision-making, which can lead to faster
implementation of new policies and initiatives.

On the other hand, public universities are more likely to offer a wider range of courses and
programs due to their larger student population and government funding. They also tend to
have a more diverse student body and offer more opportunities for research and collaboration
with government agencies and non-profit organizations. Public universities often have a more
established reputation and are recognized as being of higher quality than many private
universities.

One of the criticisms of private universities is that they often charge higher tuition fees than
public universities, making higher education inaccessible to students from low-income
families. Public universities are often subsidized by the government and offer lower tuition
fees, making higher education more accessible to students from diverse socio-economic
backgrounds. In addition, public universities are more accountable to the public and have a
responsibility to serve the community and contribute to the overall development of the country.

Another criticism of private universities is that they may prioritize profit over education.
Private universities are often run as businesses, and their primary goal is to generate revenue.

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This can sometimes result in a lower quality of education or a lack of focus on research and
innovation. Public universities, on the other hand, are primarily focused on providing quality
education and research, and are less likely to be driven by profit.

In conclusion, both private and public universities have their own strengths and weaknesses.
Private universities may be more flexible and agile, but they are often more expensive and may
prioritize profit over education. Public universities may offer a wider range of courses and
programs and be more accountable to the public, but they may also be slower to adapt to
changing market demands. Ultimately, the choice between a private or public university
depends on the individual student's needs and priorities.

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 Meaning Nature and Scope of Education and its impact on
Human Life

Education is a fundamental aspect of human life that has the potential to transform individuals,
communities, and entire societies. In its broadest sense, education refers to the process of
acquiring knowledge, skills, values, and attitudes through various forms of learning, such as
formal schooling, informal education, and experiential learning. This essay will explore the
definition, meaning, and nature of education, as well as its impact on human life.

Education can be defined as a deliberate and systematic process of acquiring knowledge, skills,
values, and attitudes that enable individuals to develop their full potential and lead fulfilling
lives. Education encompasses both formal and informal learning experiences and is not limited
to the classroom. It can occur in various settings, such as the home, workplace, community,
and online.The meaning of education varies depending on the context in which it is used. In
some instances, education may refer to the transmission of specific skills or knowledge
required for a particular job or profession. In other cases, education may encompass a broader
range of skills and knowledge that enable individuals to engage fully in society and lead
meaningful lives.

The nature of education is complex and multifaceted. At its core, education is about providing
individuals with the skills and knowledge they need to live fulfilling lives and contribute to
society. Education involves the transmission of knowledge, the development of skills, and the
cultivation of values and attitudes that enable individuals to make informed decisions and
engage critically with the world around them.

Education is an essential component of human life, and its impact is far-reaching. At the
individual level, education has the potential to transform lives by providing individuals with
the skills and knowledge they need to pursue their dreams, achieve their goals, and contribute
to society. Education also has a significant impact on social and economic development by
equipping individuals with the skills and knowledge necessary to participate fully in the labor
market, engage in civic life, and promote social cohesion.

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The impact of education on human life can be seen in various areas, including health, economic
development, social mobility, and political participation. Education is a key determinant of
health outcomes, as it provides individuals with the knowledge and skills they need to make
informed decisions about their health and well-being. Educated individuals are more likely to
adopt healthy behaviors, seek medical care when necessary, and have better health outcomes
overall.

Education also has a significant impact on economic development, as it provides individuals

with the skills and knowledge necessary to participate fully in the labor market. Education is
essential for economic growth, as it contributes to the development of human capital, which is
a key driver of economic productivity and innovation. Educated individuals are more likely to
be employed, earn higher wages, and contribute more to the economy overall.

Education is also a critical factor in social mobility, as it provides individuals with the skills
and knowledge necessary to improve their socioeconomic status. Education is a powerful tool
for reducing poverty and inequality, as it provides individuals with the skills and knowledge
necessary to secure better-paying jobs and achieve greater financial stability. Education also
has the potential to promote social cohesion by providing individuals with the knowledge and
skills they need to engage in civic life and contribute to their communities.
Finally, education plays a crucial role in promoting political participation and democratic
governance. Educated individuals are more likely to engage in political activities, vote in
elections, and hold political office. Education also contributes to the development of critical
thinking and analytical skills, which are essential for effective citizenship and democratic
governance.

In conclusion, education is a fundamental aspect of human life that has the potential to
transform individuals, communities, and entire societies. Education encompasses both formal
and informal learning experiences and is not limited to the classroom. The nature of education
is complex and multifaceted, involving the transmission of knowledge, the development of
skills, and the cultivation of values and attitudes that enable individuals to make informed
decisions and engage.

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 Establishment of NLU's and its Pros and Cons

Introduction:
National Law Universities (NLUs) in India are specialized institutions offering legal education
at the undergraduate, postgraduate, and doctoral levels. These universities were established to
provide specialized legal education to students and to promote legal research in the country. In
this essay, we will discuss the establishment, functioning, and pros and cons of NLUs in India.

Establishment:
The first National Law University (NLU) was established in Bangalore in 1986, and it was
named the National Law School of India University (NLSIU). The establishment of NLSIU
was a result of the recommendations of the Legal Education Committee, which was set up by
the Bar Council of India (BCI) in 1984. The aim of the committee was to promote legal
education and to make it more practical-oriented.

Since the establishment of NLSIU, other NLUs have been established in various parts of the
country. The establishment of NLUs was a response to the growing demand for quality legal
education and the need to produce skilled lawyers who could meet the demands of the legal
profession in India.

Functioning:
NLUs in India function as autonomous institutions and are governed by their respective Acts
of Parliament. They have a unique curriculum that focuses on legal education and research.
The NLUs offer five-year undergraduate law programs, two-year postgraduate law programs,
and doctoral programs in various fields of law.

The curriculum of NLUs is designed to provide students with a strong foundation in legal
principles and practices. Students are trained to analyze and solve complex legal issues through
case studies, research papers, moot court competitions, and internships. NLUs also have highly
qualified faculty members who are experts in their respective fields of law.

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Pros of National Law Universities:

Quality Education: NLUs offer quality legal education that is comparable to some of the best
law schools in the world.

Practical Orientation: NLUs have a curriculum that focuses on practical-oriented legal

education, which prepares students for the real-world legal profession.

Highly Qualified Faculty: NLUs have highly qualified faculty members who are experts in
their respective fields of law.

Placements: NLUs have a good record of placements, with many students getting placed in top
law firms, corporations, and government organizations.

Exposure: NLUs provide students with exposure to the legal profession through internships,
moot court competitions, and seminars.

Cons of National Law Universities:

High Fees: The fees of NLUs are relatively high, which makes legal education expensive for
many students.

Limited Seats: NLUs have a limited number of seats, and the admission process is highly
competitive, which makes it difficult for many students to get admission.

Regional Bias: NLUs are mostly concentrated in the southern and western parts of India, which
creates regional bias in legal education.

Lack of Diversity: NLUs have a limited diversity of students, with most students coming from
urban and privileged backgrounds.

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Conclusion:
NLUs in India have played a crucial role in promoting legal education and research in the
country. They offer quality legal education that is comparable to some of the best law schools
in the world. However, NLUs also have some drawbacks, such as high fees, limited seats, and
regional bias. Nevertheless, NLUs remain an important part of India's legal education system
and continue to produce skilled lawyers who contribute to the country's legal profession.

Regulatory bodies in Higher Education

Regulatory bodies are organizations that have been established to regulate and oversee various
aspects of the education system. In the field of higher education, there are several regulatory
bodies in India that play a crucial role in maintaining the quality of education and ensuring that
institutions comply with certain standards and guidelines. This essay will focus on some of the
key regulatory bodies in India, including the University Grants Commission (UGC), All India
Council for Technical Education (AICTE), Medical Council of India (MCI), and Bar Council
of India (BCI).

The University Grants Commission (UGC) is a statutory body that was established in 1956
under the University Grants Commission Act, 1956. It is responsible for the coordination,
determination, and maintenance of standards of university education in India. The UGC
provides grants to universities and colleges, promotes research and development, and provides
financial assistance to institutions for the improvement of higher education. The UGC is also
responsible for accrediting institutions and ensuring that they maintain certain standards of
quality in terms of infrastructure, faculty, and academic programs.

The All India Council for Technical Education (AICTE) was established in 1987 to oversee
technical education in India. The AICTE is responsible for the accreditation of technical
institutions, promoting quality in technical education, and providing financial assistance to
institutions for research and development. The AICTE also regulates the technical education
system in India, ensuring that institutions maintain certain standards of quality in terms of
infrastructure, faculty, and academic programs.

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circulate it anyway please do tell them to use it on their own risk and treat me with food/alcohol if
they find it useful
The Medical Council of India (MCI) was established in 1934 to regulate medical education in
India. The MCI is responsible for the accreditation of medical colleges, setting standards for
medical education, and ensuring that medical institutions maintain certain standards of quality
in terms of infrastructure, faculty, and academic programs. The MCI also oversees the licensing
of doctors and regulates the practice of medicine in India.

The Bar Council of India (BCI) was established in 1961 to regulate the legal profession in
India. The BCI is responsible for the accreditation of law colleges, setting standards for legal
education, and ensuring that institutions maintain certain standards of quality in terms of
infrastructure, faculty, and academic programs. The BCI also regulates the legal profession in
India, ensuring that lawyers maintain certain standards of professional conduct and ethics.

In addition to these regulatory bodies, there are several other bodies that play important roles
in regulating different aspects of higher education in India. These include the National
Assessment and Accreditation Council (NAAC), which is responsible for the accreditation of
higher education institutions in India, and the Distance Education Council (DEC), which
regulates distance education programs in India.

In conclusion, regulatory bodies play a crucial role in maintaining the quality of higher
education in India. They ensure that institutions maintain certain standards of quality in terms
of infrastructure, faculty, and academic programs, and promote research and development in
various fields. The UGC, AICTE, MCI, and BCI are some of the key regulatory bodies in India
that oversee different aspects of higher education and ensure that institutions comply with
certain standards and guidelines. It is important that these bodies continue to play their role
effectively to ensure that the education system in India remains robust and of high quality.

This material is compiled by your dear friend Akshansh aka Dollar. It is hereby informed that any form
of secondary distribution of this material is strictly forbidden. Since, I know that you are going to
circulate it anyway please do tell them to use it on their own risk and treat me with food/alcohol if
they find it useful