Authored By: MUFITHA ROWSHAN P N
GOVERNMENT LAW COLLEGE TIRUCHIRAPALLI
ABSTRACT
The National Education Policy (NEP) 2020 has been hailed as a transformative framework for reshaping India’s educational system; however, it also raises significant constitutional concerns. While the policy aspires to promote equity, flexibility, and holistic learning, several of its provisions may be viewed as inconsistent with the guarantees under Articles 21-A, 14, 15, 29, and 30 of the Constitution. This article critically examines the extent to which NEP 2020, despite its progressive intent, risks undermining the fundamental right to education and the principles of equality and non-discrimination. Specific areas of concern include the implementation of the three-language formula, the transition to multidisciplinary higher education institutions, and the restructuring of teacher qualifications, all of which may disadvantage marginalized groups. By drawing on judicial precedents, constitutional directives, and international obligations under Sustainable Development Goal 4, this article argues that NEP 2020, in its present form, requires careful legal scrutiny and legislative safeguards to prevent violations of educational rights. The appraisal concludes that while the policy has potential, its compatibility with constitutional mandates remains contested and demands closer judicial and policy review.
INTRODUCTION
In the recent times the National education policy 2020 in India plays a crucial role in molding the students from various states where they are differed across many states by implementing this Education has always been regarded as the foundation of a progressive society. For India, with its vast diversity and demographic advantage, an efficient and inclusive education system is not merely desirable—it is essential. The National Education Policy (NEP) 2020, approved by the Union Cabinet on 29 July 20201, stands as a landmark reform in India’s educational journey. Coming after a gap of thirty-four years, it replaces the National Policy on Education, 1986, and seeks to align India’s education system with the requirements of the 21st century knowledge economy.The NEP 2020 is significant not only from an educational standpoint but also from a constitutional and legal perspective. It draws inspiration from constitutional guarantees such as Article 21-A (Right to Education)2, Directive Principles of State Policy (DPSPs) like Article 45, and the broader vision of equality under Article 14.
This article examines the NEP in detail, exploring its features, objectives, constitutional underpinnings, legal implications, and challenges in implementation. In 2020 the National education policy (NEP) 2020 was introduced to overall the outdated system aiming for 100 % school education and 50% Gross education ration (GER) in higher education by 2030. However, the clauses in the NEP states it’s benefits in all the clauses Specifically the clause 4.13 of NEP 20203, encourages the adoption of the three language formula, is a non mandatory and also flexible guideline aimed at promoting multilingualism, national integration,and educational equity. It doesn’t infringe upon state autonomy, academic integrity, or linguistic identity. The main reason is to ensure that people who speak the same language and the same culture, ethnicity or geography could live in that state. It was done to reduce racial and cultural tension . The country’s linguistic diversity is a source of cultural richness and should be celebrated and preserved for generations to evolve. India is linguistic country which demonstrates importance of respecting linguistic diversity and promoting multilingualism. The education Policy also plays a crucial role in shaping language policy it also determines the medium of instruction in schools and universities.
CONSTITUTIONAL AND LEGAL BASIS OF EDUCATION IN INDIA
Constitutional Mandate of Education
Before analyzing the NEP 2020, it is essential to understand the legal foundation of education in India. First, the Fundamental Right to Education was introduced by the 86th Constitutional Amendment, 2002, which inserted Article 21-A.4This provision guarantees free and compulsory education for children between 6 and 14 years. While this was a historic step, the NEP goes beyond by emphasizing early childhood care and education (ECCE) and lifelong learning. Second, several Directive Principles of State Policy (DPSPs) also underline the role of education. Article 41 directs the state to make provisions for securing the right to education.5 Article 45 mandates early childhood care and education for children below six years6. Article 46 requires the state to promote the educational and economic interests of weaker sections of society.7 Third, the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) operationalizes Article 21-A by making elementary education a legal entitlement.8 The NEP 2020 supplements this Act by focusing on quality, innovation, and inclusivity. Thus, NEP 2020 is not an Isolated policy reform but a constitutional realization of both judicial interpretation and legislative mandates. The NEP 2020 reflects these constitutional directives by prioritizing equity, inclusion, and universal access.
SCHOOL EDUCATION REFORMS UNDER NEP 2020
One of the most transformative aspects of the National Education Policy 2020 lies in its restructuring of the school education system. Moving away from the traditional 10+2 model, the NEP introduces a 5+3+3+4 curricular structure, which is designed to align more closely with a child’s cognitive development.9
- Foundational Stage (5 years): Three years of pre-primary (ages 3–6) plus Grades 1–2, focusing on play-based and activity-driven learning.
- Preparatory Stage (3 years): Grades 3–5, with emphasis on discovery, interaction, and foundational literacy and numeracy.
- Middle Stage (3 years): Grades 6–8, introducing subject-specific learning and experiential pedagogy.
- Secondary Stage (4 years): Grades 9–12, designed to provide multidisciplinary learning with flexibility and choice of subjects.
This framework reflects a constitutional mandate under Article 45, which obligates the State to provide early childhood care and education for children up to six years.10NEP 2020 recognizes that without achieving foundational literacy and numeracy by Grade 3, the rest of the educational goals cannot be attained. The policy sets a national mission to achieve this by 202511.From a legal standpoint, this emphasis directly supports the Right to Education Act, 200912, which guarantees not just access but also quality education. The policy shifts focus from rote memorization to holistic, inquiry-driven learning. Students will be encouraged to explore arts, vocational skills, and physical education alongside traditional subjects.13 Such an approach fulfills the constitutional goal of developing the full personality of the child, which has been recognized by courts as part of Article 21’s protection of dignity.14
HIGHER EDUCATION REFORMS UNDER NEP 2020
Multidisciplinary Universities and Autonomy Concerns
While the school-level reforms form the foundation, the higher education reforms under the National Education Policy 2020 are perhaps the most ambitious. India’s higher education system has long been criticized for fragmentation, rigidity, and poor global rankings.
NEP 2020 seeks to address these challenges by emphasizing multidisciplinary, flexibility, and regulatory restructuring.15 This approach aligns with global trends and constitutional values. The Supreme Court has repeatedly held that the right to education includes the right to access diverse educational opportunities. By dismantling rigid disciplinary silos, NEP 2020 broadens the scope of Article 21-A and supports Article 41’s directive for lifelong learning. One of the most innovative proposals is the Academic Bank of Credits (ABC), which will digitally store academic credits earned by students from recognized institutions.²³ Students may enter, exit, and re-enter higher education programs at various stages, receiving certificates, diplomas, or degrees depending on the duration of study.
Higher Education Commission of India: Regulatory Challenges
Legally, this flexibility advances the Right to Education by removing structural barriers and acknowledging education as a continuous right, not limited to linear progression. The move also resonates with international obligations under Sustainable Development Goal 4 (SDG 4), which emphasizes lifelong learning.16 NEP 2020 sets the ambitious target of raising the Gross Enrollment Ratio (GER) in higher education to 50% by 2035. This requires significant expansion of institutions, resources, and digital infrastructure. The policy also emphasizes internationalization, encouraging Indian universities to set up campuses abroad and foreign universities to operate in India. Such measures further India’s constitutional goal of developing a knowledge economy under the Preamble’s emphasis on “scientific temper” and “progress”.
LANGUAGE POLICY AND MULTILINGUALISM
Language Policy and the Three-Language Formula
One of the distinctive features of the National Education Policy 2020 is its comprehensive language policy, which balances cultural preservation, regional identity, and global competitiveness. The policy emphasizes multilingual education, mother-tongue instruction, and flexible language acquisition across all stages of learning 17 . NEP 2020 recommends that wherever possible, children should be taught in their mother tongue or local language at least until Grade 5, and preferably until Grade 8. This policy is grounded in research showing that early learning in a familiar language improves cognitive development,comprehension, and critical thinking skills. From a constitutional perspective, this aligns with Article 350A, which obligates the State to provide primary education in the mother tongue wherever practicable.18By institutionalizing mother-tongue instruction, NEP 2020 reinforces both cultural identity and constitutional compliance. NEP 2020 retains the three-language formula, giving flexibility to states while ensuring exposure to multiple languages. The recommended approach includes:
- A regional language or mother tongue.
- Hindi or English, depending on regional context.
- A third language of choice, including foreign languages.
This approach aims to create trilingual proficiency without overburdening students, thereby respecting regional diversity while fostering national integration. This approach aims to create trilingual proficiency without overburdening students, thereby respecting regional diversity while fostering national integration. The policy also emphasizes the preservation and promotion of classical languages, such as Sanskrit, Tamil, Telugu, and Kannada, and encourages literary studies in regional languages. This is consistent with Articles 29 and 30, which protect the right of minorities to conserve their language and culture.19
TEACHER EDUCATION AND TEACHER TRAINING PROGRAM ∙ Teacher Education Reforms:
Professionalization vs. Accessibility
Teachers are the backbone of any educational system. NEP 2020 recognizes that teacher quality determines learning outcomes and sets out a comprehensive framework for pre service and in-service teacher education, professional development, and evaluation.20 NEP 2020 mandates that by 2030, the minimum qualification for teaching will be a 4-year integrated Bachelor of Education (B.Ed.) degree. This replaces shorter diploma programs and aims to professionalize teaching, ensuring teachers are trained in pedagogy, subject expertise, and educational psychology.
Federalism and Minority Rights
From a constitutional perspective, this initiative supports Article 21-A, which guarantees not only access to education but also quality education. 21The Supreme Court has observed that education without competent teachers cannot fulfill the right to education, highlighting the legal and social necessity of teacher preparation. NEP 2020 emphasizes in-service training and continuous professional development. Teachers are expected to update their knowledge, adopt innovative pedagogical methods, and integrate digital tools in the classroom. The policy also encourages peer review, mentorship programs, and participation in research and development. The policy balances autonomy with accountability, enabling teachers to innovate while being evaluated based on performance and student outcomes. It proposes national professional standards for teachers to create a uniform benchmark of quality across states.
EQUITY AND INCLUSIONS UNDER NEP 2020
A cornerstone of NEP 2020 is its commitment to equity, inclusion, and social justice in education. The policy recognizes that students from marginalized communities, disadvantaged socio-economic backgrounds, and children with disabilities often face systemic barriers that prevent them from fully accessing quality education22
The policy prioritizes:
Gender inclusion: Special schemes for girls, including scholarships and safe learning environments.
ocio-economically disadvantaged groups (SEDGs): Flexible curricula, support programs, and financial assistance.
Children with disabilities: Inclusive education through accessible infrastructure, trained teachers, and adaptive learning resources.23
These measures operationalize Articles 15 and 46, which mandate the State to promote equality and support disadvantaged groups. By embedding equity into both school and higher education, NEP 2020 ensures constitutional compliance while promoting social justice. The policy also emphasizes the use of technology to bridge learning gaps, particularly for rural and remote areas. Online learning platforms, digital libraries, and e resources aim to reduce disparities in access to quality education
Implementation challenges
Despite its visionary approach, NEP 2020 faces several implementation hurdles: ∙ Infrastructure and Resources: Many schools and higher education institutions lack adequate classrooms, laboratories, and digital facilities.⁴⁵
Teacher Shortages: Recruiting and training qualified teachers, especially in rural and regional language contexts, remains a challenge.
Curricular and Pedagogical Transition: Moving from rote-based learning to competency and inquiry-based learning requires systemic change and cultural adaptation.
Multilingual Policy: Developing teaching materials and textbooks in multiple languages demands substantial planning and resources.
Addressing these challenges requires cooperation between central and state governments, significant financial allocation, and continuous monitoring mechanisms.
CASE LAWS
In Mohini Jain v. State of Karnataka, the Supreme Court declared the right to education a fundamental right under Article 21. 24 This was reaffirmed in Unni Krishnan v. State of Andhra Pradesh, where the Court held that the right to education flows directly from the right to life.¹⁰ These decisions paved the way for Article 21-A’s insertion.25
The Supreme Court in State of Tamil Nadu v. K. Shyam Sunder observed that the right to free and compulsory education is meaningless without ensuring quality and standards.26 Thus, NEP 2020 operationalizes the judicial expectation that education must be substantive, not symbolic.
KEY WORDS
NEP, Pedagogy, Article 21, Indian constitution, Multilingualism , linguistic identify, academic integrity, regional context, fundamental rights , teacher training programs, Ministry of human rights.
SUGGESTIONS
As in my point of view I think the implementation of National education will give a drastic change in India as it is also doesn’t violates or undermines the certain principle followed by a specific states thus, As I suggest of implementing the NEP will definitely lead a society into a good high values place for achieving the goals of a separate student and the persons.
CONCLUSION
The National Education Policy 2020 represents a historic, comprehensive, and legally grounded reform in India’s educational landscape. It seeks to: Redesign school and higher education with a focus on holistic development. Promote multilingualism and cultural preservation. The National Education Policy 2020 represents a historic, comprehensive, and legally grounded reform in India’s educational landscape. It seeks to: Redesign school and higher education with a focus on holistic development. Promote multilingualism and cultural preservation. Professionalize teacher education. Embed equity and inclusion at every level. Strengthen constitutional and legal compliance, particularly under Articles 21-A, 41, 45, 46, 29, and 30.NEP 2020 is not merely a policy document; it is a roadmap for transforming India into a global knowledge economy, ensuring that education remains inclusive, flexible, and future-ready. Its success will ultimately depend on effective implementation, strong governance, continuous teacher development, and robust monitoring mechanisms. By aligning educational reform with constitutional mandates, judicial interpretations, and global standards, NEP 2020 offers a human-centered, legally sound blueprint for India’s educational future.
REFERENCES
https://www.education.gov.in/sites/upload_files/mhrd/files/NEP_Final_English_0.pdf
https://www.researchgate.net/publication/389115669_The_Influence_of_NEP_2020_on_ Constitutional_Values_in_Education
https://blog.ipleaders.in/a-critical-overview-of-new-education-policy-2020/
https://clsnluo.com/2025/05/28/lost-in-translation-the-constitutional-case-against-hindi imposition/
https://www.iitms.co.in/blog/three-language-formula-in-nep-2020.html https://www.juscorpus.com/indias-linguistic-states-and-its-language-policy/
https://www.sriramsias.com/upsc-daily-current-affairs/language-policy-constitution-and-case laws/
REPORTS
1.United Nations, Convention on the Rights of the Child (UNCRC), 1989, ratified by India in 1992.
2.United Nations, Sustainable Development Goal 4: Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all, UNGA Resolution A/RES/70/1 (2015).
3.Press Information Bureau, Government of India, “Cabinet Approves National Education Policy 2020, paving way for transformational reforms in school and higher education system in the country,” PIB Release, 29 July 2020.
4.Constitution of India, Preamble – Justice, Liberty, Equality, and Fraternity as guiding values of education.
5.Kothari Commission Report, 1964–66, which laid the foundation for previous National on Education, 1968 and 1986.
- Yashpal Committee Report (1993), Learning Without Burden.
- Justice J.S. Verma Commission Report (2012), Improving Teacher Education and Teacher Status.
8.World Bank, India: Policy Research Working Paper on Education, 2021 – analysis of NEP 2020’s implementation challenges.
STATUTES
1.National educational policy 2020
2.Dr.J.N.Pandey, Constitutional law of India
3.The Right of Children to free and compulsory education act 2009.
1 Ministry of Human Resource Development, Government of India, National Education Policy 2020 (July 29, 2020),
2 INDIA CONST. art. 21A.
3 SUPRA 1
4 INDIA CONST. art 21 A
5 INDIA CONST. art 41
6 INDIA CONST. art 45
7 INDIA CONST. art 46
8 The Right of Children to Free and Compulsory Education Act, No. 35 of 2009, INDIA CODE (2009).
9 Ministry of Human Resource Development, Government of India, National Education Policy 2020 (July 29, 2020), at 8–10. 10 INDIA CONST. art 45
11 SUPRA NOTE 9
12 The Right of Children to Free and Compulsory Education Act, No. 35 of 2009, INDIA CODE (2009).
13 SUPRA NOTE 9 at 12-14
14 Francis Coralie Mullin v. Administrator, Union Territory of Delhi, AIR 1981 SC 746 (India) (expanding Article 21 to include right to dignity and development of personality
15 SUPRA NOTE 9 at 30–35.
16 G.A. Res. 70/1, ¶ 25 (Sept. 25, 2015) (adopting the 2030 Agenda for Sustainable Development, including Sustainable Development Goal 4).
17 SUPRA NOTE 9 at 18-20
18 INDIA CONST. art. 350A.
19 INDIA CONST art 29-30
20 SUPRA NOTE 9 at 25-27
21 SUPRA NOTE 2
22 Ministry of Human Resource Development, Government of India, National Education Policy 2020 (July 29, 2020), at 21–24. 23 Id. at 22–23.
24 Mohini Jain v. State of Karnataka, AIR 1992 SC 1858 (India).
25 Unni Krishnan, J.P. v. State of Andhra Pradesh, (1993) 1 SCC 645 (India).
26 State of Tamil Nadu v. K. Shyam Sunder, (2011) 8 SCC 737 (India).
