EVALUATIONG THE IMPACT OF THE NATIONAL EDUCATIONAL POLICY ON MY DISCIPLINE
The word "Education" refers to the powerful tool of gaining knowledge and improving our skills day to day. Education is known to be a soul for any country for the sake of their development and progress. Prosperity and country building is all conceivable when a nation or country has a solid and successful education approach & policy. Even the Supreme Court has implies the " Right to Education" as a fundamental right from Article 21. The word 'life' has been held to include 'education' because education promotes good and a dignified life. Not only in today's generation but also in the ancient time Education was considered as an important Tool. Generally what education does is it converts a beast into a man.
The preamble of the National Education Policy 2019 are mostly on the lines of the work done by T.SR.Ssubramanian and National Educational Policy 2016 brought out by the Ministry of Human Resource Development. The Policy looks at the future goals for the education system in India. The policy looks at both the traditional methods and the emerging trends in technology and other elements which include taking forward the agenda of previous education policies and alignment and with suitable sustainable development goals and other integrated yet flexible approach to education and a more liberal approach in higher education and focus on a higher quality of research and transforming the Education system towards a more progressive society and facilitating an over all National Development.
The main Vision of this Policy is that India should have a centralized education system that contributes directly in transforming our nation sustainably into an equitable and Vibrant knowledge society, by providing high quality education to all. This Policy is divided into several Parts- Part I talks about School Education and Part II talks about Higher Education and other Parts which talks about different ways to make education available to every child and make changes and a difference in the society through knowledge wherein they focus on Technology in Education, Vocational Education, Adult Education and Promotion of Indian languages and different ways to transform education and development to help the under privileged society to get education and set standards for the same through Rashtriya Shikshaka Aayog and looking at all the elements to make this Policy to work effectively like financing ,policy implementation.
I will focus on Part II which talks about Higher Education under which Chapter 9- 18 talks about Higher Education like Chapter 9 talks about Having a set Quality of Universities and colleges and providing India a better Higher Education system. Higher education is a critical contributor to sustainable livelihoods and economic development of the nation. Higher education also plays a large and equally important role in improving human wellbeing, and developing India as envisioned in the Constitution - a democratic, just, socially conscious, self- aware, cultured, and humane nation, with liberty, equality, fraternal spirit, and justice for all. Higher education aims to serve as a hub for developing ideas and innovations that enlighten individuals and help propel the country forward socially, culturally, artistically, scientifically, technologically, and economically. [1]
The National Education Policy looks at different aspects of knowledge right from what are the challenges that currently India's facing and fragmentation of the higher Education System which include resource utilisation, the range and number of programmes and disciplines, the range and number of faculty and the ability to carry out high quality multidisciplinary research, lack of access in socio-economic disadvantages area and lack of teacher and institutional autonomy and Inadequate mechanisms for career management and progression of faculty and institutional leaders The lack of research at most universities and colleges, and the lack of transparent and competitive peer reviewed research funding across disciplines The separation in higher education between teaching institutions and research institutions post-independence has caused much harm, as most universities and colleges in the country today conduct very little research. [2]
Moving towards a higher educational system consisting of large, multidisciplinary universities and collegesIt also looks at the Establishment of a National Research FoundationHigher education institutions will be governed by Independent Boards, with complete academic and administrative autonomy, New institutional architecture for higher education like type 1, type 2 and type 3 institutions. Programmes and certification in higher educationAcademic, financial and emotional support will be available for students to help them attain better outcomes. Research Collaborations, offshore campuses, outreach and branding, student exchange, facilitating entry of international students and researchers, courses on Indian languages, art, culture, history and traditions, Motivating faculty to achieve high quality in higher education through (NET qualification , Mphil, PhD and publications), creating a culture of excellence through outstanding institutional leadership, Faculty development plans, orientation programmes for new faculty, career and compensation management of faculty and other employees. Chapter 14 talks about National Research Foundation under which the main object is that research and innovation is central to growing and sustaining a large and vibrant society and economy. And the policy also looks at what are the constraints to research and innovation and how can these be removed so that innovation in a country can be expanded. And the Nation Research Foundation will look after all the requirements for quality research and innovation. Chapter 15 talks about Teacher preparation and the requirements, Chapter 16 talks about professional education under which the policy also looks at goveranace, Regulation and Accreditation, Chapter 17 talks about empowered goveranance and effective leadership and Chapter 18 talks about transforming the regulatory system.
Legal Education
India's development in the 21st century and the fulfilment of our dream of taking our rightful place in the global arena will depend crucially on our ability to strengthen institutional frameworks that underpin governance. A key aspect of governance systems is the ability of the State and private interests to adhere to Constitutional values, and establish, support and maintain the rule of the law as envisioned in our founding documents. The maintenance and flourishing of socio-political institutions requires a cadre of professionals in the judicial system, including lawyers, judges, paralegal and administrative staff. All these roles require the continued development of legal education. Further, this Policy envisages a law education that is informed and illuminated with Constitutional values of Justice – Social, Economic and Political – and directed towards national reconstruction through instrumentation of democracy, rule of law and human rights. It recognises that the legal profession has social responsibilities to reach justice to the unreached in rural and tribal areas of the country through community or social justice lawyering. Therefore, legal education is visualised as a public rather than a private good wherein the State, society and markets have distinct interests and reasonable expectations related to their contribution to inclusive and equitable development. Finally, professional education in law has to be globally competitive, adopting best practices and embracing new technologies for wider access to justice and timely delivery of justice. Hence a new legal education policy is found imperative for assigning direction for future change. [3]
Curriculum to reflect socio-cultural contexts: It is the function of legal education to transmit the foundational values of Indian democracy to learners in order to give legal studies the necessary social relevance and acceptability. In doing so, the law curriculum has to fall back upon the culture and traditions of people, the history of legal institutions and victory of "Dharma" over "Adharma" writ large in Indian literature and mythology. Further, there is growing consensus worldwide that the study and practice of law cannot be independent of the culture of society, including the study of classical law texts. Hence, concerned authorities in universities must ensure that the curriculum reflects, in an evidence-based manner, the history of legal thinking, principles of justice, practice of jurisprudence and other related content appropriately and adequately. [4]
Multilingual education: A new generation of children will grow up to be completely multilingual through the implementation of this Policy. In the meantime, some areas of professional education, such as law education will require innovative solutions to a specific challenge. Legal transactions at the lower courts are conducted in their respective regional languages whereas those at the High Courts and Supreme Court continues to be done in English, in most States in India. This contributes to the considerable delay in legal outcomes as cases can move up only after the documentation has been translated.
State institutions offering law education must consider offering bilingual education for future lawyers and judges - in English and in the language of the State in which the law programme is situated. To facilitate this transition, a host of measures will be undertaken such as, inducting teachers who are well versed in the regional language as well as English, making text books and study materials available in both languages, and allowing examinees to write their examination in either medium. In addition, special cells for translating legal materials from the State language to English and vice-versa will be setup and students who are fluent in both languages will be invited/incentivised to contribute to the work of the translation cells.[5]
Being a part of the legal system I have learnt there have been many changes in the society and in the Indian Constitution where we have Article 14, Article 15(3), Article 16 and Article 21 A which talks about the Right to Education. We have the Right to Education Act 2009 . Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words 'free and compulsory'. 'Free education' means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. 'Compulsory education' casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.[6]
The RTE Act provides for the:
· Right of children to free and compulsory education till completion of elementary education in a neighbourhood school.
· It clarifies that 'compulsory education' means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. 'Free' means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
· It makes provisions for a non-admitted child to be admitted to an age appropriate class.
· It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.
· It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours.
· It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. 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 appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications.
· It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition,
· It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child's knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.[7]
Administration In Indian Education System:
Initially the British Administration does not gave much importance to the education system. After Independence only it was raised to great extent. According to the 86th Amendment Act 2002, right to education was justified under the Article 14 and 21 as a part of fundamental a right guaranteed
In Mohini Jain's case.
Court said that state must have a responsibility to discharge its duty of providing educational institutions in all places of the state's territory to educate all its citizen. And also court ordered that state must administrate the proper providing of educational institutions by itself or by giving to private education institutions to educate its citizens. And also if the private institutions charge capitation fee then it is considered as a violation of article 14.
As per 2015 research India occupies 92nd position in among 142 countries. Even the small nations are maintaining a proper educational system, till now India trying to reach its proper providing of education. [8]
Right To Education - Article 21(A):
This article says state shall provide free and compulsory education to all children of the age of six to fourteen years.
In Shyam sundar case
Court tells that "right of a child should not be restricted only to free and compulsory education, but should be extended to have quality education without any discrimination on the ground of their economic, social and cultural background.
In J.P.Unnikrishnan's case
Court tells that the government institutions for being reluctant with the enforcement of Article 45 and held that every child who is deprived of the right to education can issue a writ of mandamus against the appropriate authority for the enforcement of their deprived right.
4. AIR 1993 SCR (1) 594
The administration activities in educational department in India was not much active. It must be developed by the proper planning by the executives. Though it was planned it does not exercise it properly, due to the corrupted hands in administration level. This situation must be deserted to the development of India in education system.
Conclusion:
So there must be a powerful and planned administration in education department. The first and foremost duty is to remove the persons who are involved in bribery, corruption, biased activities in the field of administration. It is possible only by the superior officers. If we see who is in superior level automatically it shows the President (who gives the approval) and Prime Minister (under whose leadership a law was formulated, executed and maintained). So from top to bottom all the authorities must have some good faith and welfare thoughts on its citizens to provide a proper education. By concentrating on education part one country must develop all its other portions. Let's we all wait and see the development of the education system in India.
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