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FAQs - Law On Education
FAQs - Law On Education
Effects of Commercialisation of
Education and pros and cons of Commercialization of Education.
Ans:-
Commercialization of education may be liberally defined as a process of private
ownership and management of educational institutions whereby investments are
made with the motive of earning profits.
Commercialization has a positive impact on education. Some of the important
aspects are as follows:
1. Employment opportunity: Commercialization of education provides
employment opportunity. It provides job opportunity to the students. Many private
institutions offer various job oriented courses, various degrees, diplomas,
certificate course etc. which help the students to engage in job. Due to the
presence of commercialization of education various organization such as GATS
(General Agreement on Trade in services), the students gets the opportunity to
doing professional course at the local branch Campuses of foreign institutions.
Like that the teachers, lectures also engaged in the job in foreign countries. This
also reduces the unemployment problem of the country.
The WTO has identified certain barriers to trade. These barriers/ obstacles
include the:
restrictions on free movement and nationalityrequirements of students and
teachers,
immigration regulations,
type of courses,
movement teachers,
modalities of payments or repatriation of money,
conditions concerning use of resources,
direct investment and equity ceilings,
the existence of public monopolies,
Subsidies to local institutions,
economic need tests,
exchange controls,
Non-recognition of equivalent qualifications, etc.
Because services are not objects, barriers to trading services are referred to as non-
tariff barriers. The goal of 'free trade' regime under WTO is to get these barriers
removed in order to further liberalize the world economy
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.
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.
From the careful perusal of the above two Articles, it is found that together, they
confer four distinct rights on minorities. These include the right of:
a) any sectіon of cіtіzens to conserve іts own language, script or culture;
b) all religious and linguistic minorities to establіsh and administer educatіonal
іnstіtutіons of their choіce;
c) an educational institution against discrimination by State in the matter of State
aid (on the ground that it is under the management of religious or linguistic
minority; and
d) the citizen against denial of admission to any State-maintained or State-aided
educational institution.
CENTRAL UNIVERSITY
Central universities are established through an Act in Parliament and are funded by
the Union Government. Older universities have been established through individual
acts such as Delhi University Act. In 2009, the Central Government established a
number of universities together through the Central Universities Act.
STATE UNIVERSITY
State universities are established through an Act in the State Legislature and receive
funding from the respective State Government, and sometimes from the Central
Government, usually via UGC.
DEEMED-TO-BE-A- UNIVERSITY
UGC accords a deemed-to-be-a-university status to an institution. Upon receiving an
application, the UGC committee forwards its recommendation to the Department of
Higher Education, MHRD, which declares a university as deemed-to-be-a-university.
Both government and private universities can be deemed universities. Gokhale
Institute of Politics and Economics and Symbiosis International University are
examples of government and private deemed universities, respectively.
Since 2009, no university has been granted deemed university status. Furthermore,
the Government of India announced that it is withdrawing deemed university status
from 44 institutes in February 2010. The matter is sub judice.
PRIVATE UNIVERSITY
Private universities are established through an Act in State Legislatures. Until now,
no private university has been established at the Centre through an Act in
Parliament. The Private Universities (Establishment and Regulation) Bill was
introduced in Parliament in 1995 to regulate the entry and operation of private
universities, but it received strong opposition. Some states had contended that the
bill was unconstitutional and challenged its constitutionality since Entry 32 of the
State List confers the power to incorporate and regulate universities to the states.
Subsequently, the bill was withdrawn by the Central Government in 2007. Private
universities also have to obtain recognition from the UGC. They do not have the
power to affiliate colleges that are run by a different trust.
AUTONOMOUS COLLEGES
‘Autonomous’ colleges have autonomy with respect to the curriculum, examination,
and admission. Since they are not allowed to grant degrees, they are affiliated to a
government university, which grants the degree. Usually colleges of repute are
granted autonomy to manage their own affairs. Most of the older and established
colleges are autonomous in nature and are financed either by the Central or State
governments. Examples include Madhav Institute of Technology & Sciences
financed by the Madhya Pradesh Government or Shri Govindram Seksaria Institute
of Technology and Science, Madhya Pradesh.
The University Grants Commission (UGC) was established in 1956 under the
University Grants Commission Act, 1956. The All India Council for Technical
Education (AICTE) was established in 1987 under the All India Council for Technical
Education Act, 1987.
These two institutions have been created to achieve two distinct objectives in the
sphere of higher education.
While the objective of the UGC is to promote and co-ordinate University education
and to determine and maintain standards of teaching, examination and research in
Universities, the AICTE aims at ensuring coordinated and integrated development of
technical and management education and maintenance of standards.
Various committees on higher education have earlier recommended a single
regulatory body. While National Knowledge Commission (2006) recommended an
independent regulatory authority for higher education, the Committee on Renovation
and Rejuvenation of Higher Education (Professor Yashpal Committee: 2009)
advocated an apex regulatory body by converging multiple regulatory agencies in the
field of higher education. Further, the University Grants Commission Review
Committee (Prof. Hari Gautam Committee) in 2014 had recommended that the UGC
should be replaced by an apex institution titled National Higher Education Authority.
Q-11- Regulation of Medical Education
Ans:-
National Medical Commission (NMC) is an Indian regularity body of 33 members
who overtake medical education regulations from Medical Council of India from 8
August 2019. It became a permanent law passed by Parliament of India and later
approved by President of India on 8 August 2019
Before NMC, MCI was the regulatory body which was first established in 1934 under
the Indian Medical Council Act, 1933. The Council was later reconstituted under
the Indian Medical Council Act, 1956 that replaced the earlier Act.
In India, legal education has been traditionally offered as a three years graduate
degree. However the structure has been changed since 1987. Law degrees in India
are granted and conferred in terms of the Advocates Act, 1961, which is a law
passed by the Parliament both on the aspect of legal education and also regulation
of conduct of legal profession. [2] Under the Act, the Bar Council of India is the
supreme regulatory body to regulate the legal profession in India and also to ensure
the compliance of the laws and maintenance of professional standards by the legal
profession in the country.