Authored By: Priyanshu Singh
National Forensic Sciences University(NFSU)
INTRODUCTION
“Education is the most powerful weapon which you can use to change the world.”– Dr. B.R. Ambedkar.
Education is the most powerful instrument in our fast-developing and technologically advanced world. As society transforms, society’s needs transform with it; thus, to keep pace with this social change, we require constitutional reforms in India; these reforms are meant to guarantee that education takes place in consonance with the ideals of justice, equity, and social development. In the present world, primary education is not sufficient for survival in society, but we must look at how we can make higher education available to all citizens. We must expand higher education and make it inclusive, accessible, and equitable so that justice prevails for all segments of society. Education for justice provides equal opportunities, whereas equity ensures that weaker sections are provided with the required assistance.
The makers of the Indian Constitution provided for the advancement of education, such as the Right to Education, Reservations, and Affirmative Action, but in order to address the needs of contemporary society, it is necessary to bring in additional reforms in the Constitution. It is essential to make higher education policies stronger in order to make society more equitable and progressive, empowering citizens and promoting national growth.
CONSTITUTIONAL PROVISIONS RELATED TO EDUCATION
Education is a very effective mode of social change, a fact well recognised by constitutional makers. To ensure that the State takes responsibility for education, they incorporated several provisions within the Constitution. These provisions enforce education as a right of every citizen,
- Article 30
Article 30 mandates that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice[1].
So that education can not be denied based on their minority status.
- Article 350-A it shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups to ensure that children can learn in their native language at the primary level[2] There are various articles in the Constitution that enforce education as a right of every citizen.
- Article 21A
Indian Constitution guarantees the right to education as a fundamental right for children between the ages of 6 and 14 years.
It was introduced by the 86th Amendment Act of 2002 with the aim of providing free and compulsory education to all children in the specified age group. [3]
In the case of Mohini Jain vs the State of Karnataka (1992), the Supreme Court recognised education as part of the right to life under Article 21.
Article 15(4)
To enable the State to provide affirmative action in education for socially and economically backward class The provision helps create a more inclusive society by enhancing access to education for most marginalised groups. [4]
CHALLENGES IN THE CURRENT HIGHER EDUCATION SYSTEM
- Affordability Issue in Higher Education
Affordability remains a significant barrier in higher education .education is not a privilege. It is a fundamental right. However, the rising cost of education continues to deny this right to many. We have a very limited number of seats in premier government education institutions like IITs, NIT, IIM, and medical colleges, making admission highly competitive. Over the years, these institutions have become expensive for the student. If we take the example of IITs, the average fee for 4 years of Btech is 8-10 lakh, which is huge for the middle class. Because of the limited number of seats in these institutions, students look forward to private colleges, and private fees are tough to digest for the middle class. In India, the fee of a good private college for engineering is approx. 20-25 lakh for 4 years, and in the medical, the number is insane for a reasonable private medical fee for MBBS is 50-1.5cr, so This financial strain creates immense pressure on students and their families, often leading to severe mental health issues that ultimately lead to suicide.
- Caste-based Discrimination in Higher Education
The purpose of education is not only to transmit knowledge but also to establish equality by abolishing the discrimination that exists in society. If discrimination continues in the educational institutions themselves, then it raises a significant and serious question for society. Despite constitutional safeguards and affirmative action policies, students from Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC)continue to face systemic discrimination.
In 2016, Rohith Vemula, a Dalit PhD student at the University of Hyderabad, died by suicide. Vemula’s death sparked a political movement to address caste-based discrimination in Indian higher education.[5] Payal Tadvi Suicide Case On May 22, 2019, Tadvi, a postgraduate medical student belonging to a tribal community, died by suicide after being allegedly subjected to severe harassment and casteist abuse from three senior, upper-caste students at the medical college.[6]
In 2019-20, a survey of students at IIT-Delhi found that 75% of SC/ST/OBC students were negatively affected by casteist remarks. [7]
This type of caste-based discrimination in the university and professional institutions makes it extremely difficult for students from marginalised communities to survive in the academic environment that the reason In 2021, 60% of dropouts at seven IITs were from reserved[8] categories.
Skill Gap in India’s Higher Education System
One of the major concerns in universities is the gap between industry requirements and university curricula. Universities offer many courses and seats without taking into account market demand, resulting in students struggling to find relevant jobs after graduation. Many courses produce a surplus of degree holders, but job opportunities in those fields remain scarce, leaving students underemployed or unemployed. India Skills Report 2024 estimates that about 50% of graduates are not employable due to a lack of critical thinking, communication, and technical skills. NASSCOM reports suggest that only 45% of engineering graduates are employable in tech.[9]
In the era of automation and digital transformation, many students graduated with insufficient technology skills despite rapid advancements in AI and machine learning, which are highly demanding skills in the market. The university is not integrated into the curriculum, and many companies spend additional resources on training new employees in skills they should have acquired during university education; this shows the reality of the current education system.
CONSTITUTION REFORMS IN HIGHER EDUCATION
- .Shifting Higher Education to the Union List
Currently, education comes under the concurrent list (entry 25) of the Indian Constitution, which means that both states as well as centres can make laws on education, but this can create differences between the state and centre many times. For many years, many state governments opposed the law that comes by side of centre states like Tamil Nadu, Maharashtra, and West Bengal opposing the National Eligibility cum Entrance Test(Neet), arguing that it violates federalism by taking away their right to conduct state-level exams for medical colleges the same thing is happening in the case of National Education Policy (NEP) 2020, where states like Tamil Nadu and Kerala opposed it, arguing that education is on a concurrent list centre can not impose uniform policies without consultation with the State so by shifting higher education to union list it reduces the conflict and maintains the transparency.
- .Right to Higher Education
The Right to Education Act,2009, guaranteed under Article 21A of the Indian Constitution, guarantees free education for children aged 6 to 14 years, but as a developing Nation, that is not enough. We extend it to higher education so everyone has an equal opportunity for education.
Recognising higher education as a fundamental right would ensure that economically and socially backward students have an equal opportunity to pursue advanced education on an equal footing. Declaring higher education as a fundamental right would mandate the government to regulate tuition fees, increase scholarships and finance assistance programs, ensuring that education remains. By making the right to higher education a fundamental right, India can transform towards Social Justice, inclusive growth and the principle of equality and non-discriminative, fostering a more equitable society and setting an example for other countries.
- Uniform Entrance Exams Under Constitutional Mandate
India has been affected by many examination paper leaks that raise questions about the integrity of its education system. In 2024, various critical exams were leaked, impacting millions of candidates.
One of the most impactful incidents was the NEET UG 2024 paper leak on May 5, which was caused by a question paper controversy. Around 2.5 million candidates were involved. The issue resulted in a national protest and legal battle. This was not a one-time incident. Other significant examinations, such as BPSC 70th CCE, UP police constable recruitment exam 2024, and UGC- NET 2024, were also affected by the same Breaches. India witnessed 66 question paper leak incidents between 2014 and 2024 at both State and National Level Examinations.[10]
To avoid such violations and provide transparency, equity, and accountability, India requires a common Higher Education Commission like the Election Commission so that it can protect the future of millions of students.
GLOBAL BEST PRACTICES & THEIR LESSONS FOR INDIA
Quality of Education
We often emphasise “quality over quantity” when we look at education globally. The quality of education is much better and more effective than in India. take the example of Nordic countries(Denmark, Norway, Sweden, Finland, etc). Students in Finland receive personalised learning at a very early age. Finland also has the shortest homework day and the least amount of homework. However, it does not mean they are lacking; in fact, it is quite the opposite. According to data from the Programme for International Student Assessment (PISA), students of Finland scored higher than the OECD average in reading, mathematics and science. That kind of approach builds a strong foundation for students, and when they enter higher education, they tend to perform better compared to students from other countries in India. We overemphasise root learning without taking a practical approach and personalised learning. That is the reason degrees from the US, Canada, and Australia are recognised worldwide and give students better job opportunities. In India, most degrees are merely seen as pieces of paper.
Practical Learning and Industrial Exposure
Germany follows a dual education system(dual ausbildung), which combines classroom education with practical on-the-job training. Students split their time between vocational schools and on-the-job training at a company. Typically, 70% of the time is spent working in a company, while 30% is spent on theoretical education. Students usually receive a stipend from the company so that they can reduce some financial burden from their parents; in contrast, the condition of internships in India is deplorable. Only around 100,000 companies offer internships to the 40 million students enrolled in higher education. Of internships, 75% are unpaid.[11] This is a significant factor contributing to the high unemployment rate in India, which is approximately 8.30%, compared to Germany’s unemployment rate of just 3.2%.
Accessibility and affordability
Education is a fundamental human need, and countries like Germany, Norway, Sweden, and Denmark provide quality higher education, either free or at a very low cost. This is not just limited to the tuition fee but also extends the significant investment in educational research and development. Germany spends 5% of its GDP on education and 3.2% of its GDP on research and development Similarly, Norway invests 6.6% of its GDP in education, which is one of the highest in the world.
In contrast, India allocated between 4.1 per cent and 4.6 per cent of its GDP to education from 2015 to 2024 _,[12] which is lower compared to many developed nations. Additionally, India’s investment in R&D remains at only 0.65%[13] of GDP, significantly falling behind countries that prioritise innovation-driven education.
CONCLUSION & WAY FORWARD
There are now numerous issues in India’s higher education sector that remain unresolved. We need to encounter these challenges at so many levels. It is a huge task for the government to make higher education accessible to all equally, without discrimination, and of high standard, and in addition, conforming to the changing needs of the new world.
The Indian government has made extensive efforts to reform higher education, programs such as the National Education Policy (NEP)2020 that target enhancing the education system and ensuring the employability of Indian youth., but ground realities are that these programs can not provide the desired outcome to the government. For effective implementation, we must have effective policies and more budgetary allocations in education.
We will require several reforms in the Constitution to instil change at a meaningful level. We do have the best examples of various nations that revamped their higher education system and improved it to an optimum level. By taking clues from these models, India can reform its higher education system, turning it into an internationally competitive apparatus capable of inspiring innovation, research, and development.
Reference (S)
- Article 30 in Constitution of India
- Constitutional Provision | Government of India, Ministry of Education
- Right to Education | Ministry of Education, GoI
- Article 15(4) in Constitution of India
- One life and the many deaths of Rohith Vemula – The Hindu
- Payal Tadvi suicide case: Prosecution seeks to name former HOD as accused | Mumbai news – Hindustan
Times
- 59% General Category students agree with or are neutral to casteist remarks: 2019-20 IIT-Delhi survey –
The Hindu
- Parliament proceedings | 60% of dropouts at 7 IITs from reserved categories – The Hindu
- Only 45% job seekers employable in Indian IT-tech sector amid skill crunch, ETHRWorld
- India : Question Paper leaks incidents details
- Fewer Internships Than Indian Students Need -2025
- Is India putting enough money on education? A closer look at recent trends – The Economic Times [13] Updated RD Statistics at a Glance 2022-23.pdf
