NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

A PROJECT WORK ON CONSTITUTION I

Cooperative v/s competitive federalism

Implementation of National Education Policy 2020: Role of Federalism

In India

UNDER THE GUIDANCE OF:

Ms. Athena Solomon

SUBMITTED BY: Harit Raj Patel (2023/BBA.LLB./057)

INTRODUCTION
The National Education Policy (NEP) 2020, hailed as a transformative document, seeks to
revamp India's education system. It outlines a vision for a holistic, multidisciplinary, and
skill-based approach to education. As education is a concurrent subject under the Indian
Constitution, both the central and state governments play pivotal roles in its implementation.
This paper explores the progress and challenges of NEP 2020 implementation across states
and analyzes the roles of competitive and cooperative federalism in achieving its policy
objectives.

NEP 2020: A Transformative Blueprint:

The NEP 2020, approved by the Union Cabinet in July 2020, replaces the National Policy on
Education of 1986.1 It envisions a more equitable, inclusive, and globally competitive
education system. Key aspects include a revised curriculum, increased focus on early
childhood education, and a move towards a multidisciplinary approach in higher education.
However, the policy's implementation is not solely a prerogative of the central government.
Cooperative and competitive federalism play pivotal roles in its execution.2
Cooperative Federalism in NEP Implementation
Cooperative federalism in the context of NEP 2020 can be understood through the following
points:
1. Shared Responsibility: The Constitution of India allocates responsibilities for
education between the Union and state governments. While education is in the
Concurrent List (both center and states can legislate), the center plays a significant
role in policy formulation and funding. The NEP leverages this cooperative aspect,
encouraging states to align their policies with the national vision.
2. Central Assistance: The NEP outlines the need for increased public investment in
education, emphasizing that both center and states should work together to allocate
necessary resources. Central assistance through schemes like Sarva Shiksha Abhiyan
(SSA) and Rashtriya Madhyamik Shiksha Abhiyan (RMSA) is essential for states to
meet NEP goals.
3. Academic Credit Transfer: To promote mobility and flexibility, NEP 2020 proposes
a National Academic Credit Bank. States will need to cooperate closely to ensure
seamless academic credit transfers, thereby promoting uniformity and standardization.
4. Teacher Training: NEP highlights the importance of teacher training and
professional development. Here, cooperative federalism comes into play as states can
collaborate in developing common training modules and sharing best practices.

1
Draft National Education Policy 2019,
https://innovate.mygov.in/wpcontent/uploads/2019/06/mygov15596510111.pdf
2
National Education Policy 2020. https://www.mhrd.gov.in/sites/upload_files/mhrd/files/nep/
NEP_Final_English.pdf referred on 17/09/2023.
Competitive Federalism in NEP Implementation
Competitive federalism, on the other hand, encourages states to vie for excellence in
education. It can be observed in the following aspects:
1. Autonomy to States: The NEP grants states significant autonomy in designing their
education policies and curriculum. This autonomy fosters competition among states to
develop innovative and effective education systems.
2. Higher Education Clusters: NEP suggests the creation of education clusters,
wherein multiple universities, both public and private, can coexist. This competitive
setup encourages states to attract reputed institutions and faculty, thus enhancing the
overall quality of education.
3. Setting Up of Multidisciplinary Institutions: States can compete to establish world-
class multidisciplinary institutions, which can attract students from across the country
and even globally.
4. Research and Innovation: Competitive federalism can drive states to invest in
research and innovation hubs within their borders, fostering educational and
technological advancements.
State-Level Policies and Alignment with NEP
The NEP, while providing a broad framework, allows states to tailor policies to their specific
needs and contexts. This flexibility has led to variations in state-level policies and their
alignment with NEP objectives.
1. Curriculum Reforms: States like Tamil Nadu and Karnataka have been quick to
revise their school curricula to align with the NEP's recommendations. However,
states like West Bengal have expressed reservations about certain aspects of the NEP
and have been slow in adopting changes.
2. Medium of Instruction: Some states, such as Assam, have faced challenges in
implementing the NEP's recommendation of a mother tongue-based multilingual
education. Differences in linguistic diversity and cultural contexts contribute to
variations in policy adoption.
3. Teacher Recruitment and Training: Kerala, a state with a strong education tradition,
has a well-established teacher training program that aligns with NEP goals. In
contrast, states with resource constraints are struggling to implement teacher training
reforms effectively.
4. Governance Reforms: Some states, including Uttar Pradesh and Madhya Pradesh,
have initiated governance reforms by merging smaller schools. This aligns with the
NEP's emphasis on school consolidation for better resource utilization.
 5. Higher Education: States like Gujarat and Andhra Pradesh have made progress in
establishing multidisciplinary institutions as per NEP recommendations. However,
states like Bihar face challenges in resource allocation for this purpose.
Constitutional Framework
The Indian Constitution lays down the principles of cooperative and competitive federalism.
While education falls under the Concurrent List, certain provisions guide the interaction
between the center and states in this regard.
1. Article 246: This article provides for a division of powers between the center and
states in the form of three lists – Union List, State List, and Concurrent List.
Education falls under the Concurrent List, enabling both the center and states to
legislate on the subject.3
2. Article 282: This article allows the center to make grants to states for specific
purposes, including education. Central assistance provided for schemes like SSA and
RMSA operates within the ambit of this article.4
3. Article 21-A: The Right to Education (RTE) Act, which guarantees free and
compulsory education for children aged 6 to 14, is a manifestation of cooperative
federalism. It outlines the roles and responsibilities of both center and states in
ensuring universal education.5
4. Article 46: This article places a duty on the state to promote education among the
weaker sections of society. The NEP's focus on inclusivity and equity aligns with the
principles enshrined in Article 46.6

Conclusion
The implementation of the National Education Policy 2020 in India showcases the intricate
interplay between cooperative and competitive federalism, guided by the principles laid down
in the Indian Constitution. While cooperative federalism underscores the shared
responsibilities and resources for education, competitive federalism encourages states to
innovate and excel in the field of education. However, the diversity of India's states has led to
variations in policy adoption and alignment with NEP objectives. As the nation strives to
achieve a transformed education system, it is essential to strike a balance between these two
federalism models to ensure equitable and quality education for all.

3
Art. 246, Constitution of India
4
Art. 282, Constitution of India
5
Art. 21-A, Constitution of India
6
Art. 46, Constitution of India