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INTRODUCTION
1 http://snsah.blogspot.in/2013/03/the-commercialization-of-education-in.html
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MEANING
2 (i) Jain M.P., Indian Constitutional Law, Nagpur Lexis NexisButerworths, 2010.
The term education has been defined as- the process of developing
and training the powers and capabilities of human beings. Thus if there is
sale of services or profit motive behind imparting of education or funds
come mainly from the receivers of education, we can easily say that there
is commercialization of education.
CONSTITUTIONAL PROVISION
Part IV - D.P.S.P -
Who's Right
Article 21A- ‘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.’
As a Duty
Article 51A (j) - The duty of every citizen "to strive towards
excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement.
The centre has exclusive power to make laws in respect of the items in
List I (Union list) while the States have the power to make laws for items
covered in List II (State list), for those included in List III (Concurrent list)
Centre and States both can legislate. In the Union list six entries pertaining
to education provide for Institutions of National importance, Central
Universities, institutions of Scientific and technical education, Union
agencies and institutions, Co-ordination and determination of
standards and ancient historical monuments on which parliament has
exclusive powers to make laws. The State legislatures have power to make
laws in respect of institutions not of national importance and agricultural
education. Subject to the power of Parliament, the Centre and States both
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RESPONSE OF JUDICIARY
"We hold that every citizen has a "right to education" under the
Constitution. The State is under an obligation to establish educational
institutions to enable the citizens to enjoy the said right. The State may
discharge its obligation through state owned or state-recognized
educational institutions. When the State Government grants recognition to
the private educational institutions it creates an agency to fulfill its
obligation under the Constitution. The students are given admission to the
educational institutions- whether state-owned or state-recognized- in
recognition of their "right to education" under the Constitution. Charging
capitation fee in consideration of admission to educational institutions, is a
patent denial of a citizen's right to education under the Constitution."
Then comes T.M.A. Pai Foundation case: In this case the Judges
agreed that establishing an educational institution is not any trade,
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directions from the Bench: admissions must be based on merit and through
a common entrance test; and provision must be made for quotas for the
poor and the backward.
The right to live with human dignity enshrined in Article 21 derives its
life, breadth from the Directive Principles of state Policy and
particularly……Articles 41…Therefore it must include……Educational
facilities……
During the formative years. Socialism aims at providing all opportunities for
pursuing the educational activity……There will be equitable distribution of
national cake……
In cases like Pradeep Jain, Bandhua Mukti Morcha, D.S. Nakara the
court emphasized upon the right to education but in these cases the
opinion of the court was merely an obiter dicta, hence they had no binding
effect.
In 1993 a Unni Krishan's case the Supreme Court held that privately
unaided colleges were legally bound to provide heavily subsidized
professional education to students qualifying under Common Entrance
Tests (CET). It further laid out an elaborate scheme under which top
ranking students would be admitted at low tution fee.
Therefore to put it briefly the RTE Act provides for the following:
1. Children, who have either dropped out from schools or have never been
to any educational institution, will be enrolled in the schools with no
school refusing admission to any child.
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EFFECT OF COMMERCIALIZATION
1. The increasing demand for better quality higher education in India can
be met only by Private Institutions complementing the Universities
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(B) Drawback-
4. The State has been supporting the higher education sector by means
of providing funds, establishing colleges, etc. since independence. The
question that arises is- what is the need to so rapidly change the policy,
when for such a long time the State funding has carried on without any
impediment?
6. Colleges which are privately owned and administered would exploit the
teachers, professors, etc. by paying them amounts which are not in
consonance with the amount specified by various regulating agencies of
the State which regulate higher education, like the University Grants
Commission, etc. This may lead to a slackening in the efforts of the
aggrieved and may ultimately result in a fall in the standard of
education.
IMPACT OF COMMERCIALIZATION
SUGGESTIONS
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CONCLUSION
Treating the education system as a market place and opening the route for
foreign institution in this manner will harmful for Indian education system.
So again in my view it should be stopped till the effective and transparent
solution about the fee structure and other complexities. The government
must take care of public interests specially the poor and weaker section
and act to protect public services like education from the predatory
elements that preach the ideology of the market place as the solution to
every issue.
BIBLIOGRAPHY
Books:
(i) Jain M.P., Indian Constitutional Law, Nagpur Lexis NexisButerworths, 2010.
(ii) Katar P. Arvind, commentary on constitution of India, edn 2,v.1 Wadhwa Nagpur,2007
(iii) J. Paramjit, Directive principles jurisprudence and socio-economic justice in India, APH
public corporation New Delhi 1996
Articles:
(v) “How was the original Article 45 of the Constitution arrived at?”http://righttoeducation.in/how-
was-original-article-45-constitution-arrived.
(vi) S. Nair & Elumalai, “Human Rights vis a vis right to education in Indian
context” http://wikieducator. org/images /7/78/ SJ _ Elumalai.pdf
(viii) India joins list of 135 countries in making education a right, The hindu, April 2, 2010, New
Delhi. Retrived e-paper http://thehindu.com/news/national..
WEBSITES
http://www.legalserviceindia.com/articles/he.htm
http:// www.aka.lawstudent.in
http://www.frontlineonnet.com/2004
http://www.doccentre.net/.../Education/
http://lawmin.nic.in
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Alladi Krishna Aiyyar, 'The Constitution, What It Means To People' 75 (Hyderabad) 2000
[3]Report on National Education Policy, New Delhi, 1986 retrived from en.wikipedia.
org/wiki/National Policy_on _Education
[4]Prep Talk, 'Quality Education Needs of Modern India'. V.8. Feb. 2010
[8]http://righttoeducation.in/how-was-original-Article-45-arrived
[10]Ibid, Para 17
[13]Entry 62 of List I
[14]Entry 63 of List I
[15]Entry 64 of List I
[16]Entry 65 of List I
[17]Entry 66 of List I
[18]Entry 67 of List I
[19]Entry 12 of List II
[20]Entry 14 of List II
[21]Entry 25 of List II
[24]Section 14
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[25]Sections 22 and 23
[26]Section 26 and 25
[28]Section 2 (9) defines "approved institutions" to mean "a hospital health centre or every such
institution recognized by a University as an institution in which a person may undergo training if any
required by his course of study before the award of any medical qualification to him."
[29]Section 19
[30](i) In order to evaluate performance of an institution and bring about a measure of accountability a
mechanism of accreditation has been developed by UGC. This is an autonomous council under UGC
called National Accreditation and Assessment Council (NAAC) with a purpose to carry out periodic
assessment of universities and colleges. NAAC has evolved a methodology of assessment which involves
self-appraisal by each university/college and an assessment of the performance by an expert committee.
Similarly, for technical education AICTE has established its own accreditation mechanism
[31] C.Premsai Higher Education in India: From Socialism Capitalism http:// www. Legalserviceindia .com /articles/he.htm
[32] See article of Vijender Sharma - Communist Party of India (Marxist) retrived
from www.cpim.org/marxist/200702_marxist_v.sharma_edu.pdf
[36]A report card on India's Education Sector, retrieved from technopak Perspective
retrieved www.technopak.com/Images/TPK-perspective-vol1.pdf
[37]Ibid
[45]Supra note 42
[48]Clauses (5) and (7) of the Scheme evolved in Unni Krishnan Case AIR 1993 SC 2178, 2248, 2249
[50]Supra Note, 12
[52]The Foreign Educational institution (Regulation of entry and operation) Bill 2010, Key feature
retrived from Pre legislative research: http://www.prisindia.org
[56]Amrik Singh, 50 years of Higher Education in India, Frontline V. 21, Issue March 06-13, 2004
[57]Right to free and Compulsory Education Act, 2009 Advantages and disadvantages http://main-
featureRTE, 2009
[59]University of Phoenix the first University to offer a full time online degree is owned by the Apollo
Group Sixteen of the world's better ranking universities have got together and set up a $50 million joint
venture called Universities 21 Global, an online MBA business school. These universities include McGill.
British Colombia, Virginia, Edinburgh, Sweden and Melbourne of Australia. This $50 million project has
been established in collaboration with a private company called Thomson Learning. An educational and
training service division of the Thomson Corporation. Universitas 21 Global aims to tap markets of
potential students from UAE, Singapore, Malaysia, India, Korea and China. It has already enrolled 1000
professionals from 45 countries for its graduate programme. It has also offered an M.Sc. in Tourism and
Travel Management recently. The online degree of Universities 21 has been well received in the world
market and the degree certificate awarded by it bears the crest of all the 16 top ranked participating
universities.
[60]"Nationalization to commercialization" V.R. Krishna Ayyar T. in a scathing article, The Hindu, dated
17 December 2002 retrived from http//www .doccentre.net/.../Education/../ education %20 trade