NATIONAL LAW UNIVERSITY, JODHPUR

RESEARCH METHODOLOGY

A Study on Higher Education and New Education Policy:

Issues and Prospects

Done by: Shikhar Singh (LL.M IPR)

A.Naveen (LL.M IPR)

 INDEX

1) INTRODUCTION 03

2) STATUS AND STATISTICS OF HIGHER 05

EDUCATION IN INDIA

3) ADMINISTRATIVE INSTITUTIONS FOR 06

HEI REGULATIONS

4) CHALLENGES IN THE REALM OF 08

HIGHER EDUCATION

5) REFORMS ON DIFFERENT FRONTS OF 12

HIGHER EDUCATION

6) SUGGESTIONS 14

7) BIBLIOGRAPHY 18
Introduction

“Swadeshe Pujyate Raja, Vidwan Sarvatra Pujyate”

"A king is honored only in his own country but one who is learned is honored throughout the
world”. This verse illustrates the significance that India attaches to education since times
immemorial. The human mind makes possible all development achievements, from health
advances and agricultural innovations to efficient public administration and private sector growth
in this context, the global education development agenda reflected in the Goal 4) (SDG4) of the
2030 Agenda for Sustainable Development 1, adopted by India in 2015-seeks to ensure inclusive
and equitable quality education and promote lifelong learning opportunities for all" by 2030. In
1960, UNESCO embraced the Convention against Discrimination in Education, recognizing the
vital significance of education in guaranteeing equal opportunities for individuals from various
racial, country, or ethnic backgrounds.

Role of Education

Education is fundamental to development and growth. It is a vital leveler, and provides the
balanced way to lower poverty and inequalities. Improving education scenario is equally essential
to improve India's place in the global scenario Hence, guaranteeing access to high-quality
education for everyone plays a pivotal role in India's economic and social progres. At the time of
independence, India had a mere “12% literacy rate” in the past, and the progress in the education
sector should be understood considering centuries of indifference and disregard. By 2011, India's
overall literacy rate had risen significantly to 74%, with males having a literacy rate of 82.1% and
females at 65.5%.2 Nonetheless, this rate remains considerably lower than the global average
literacy rate of 84%, and India presently harbors the largest population of illiterate individuals
globally. Kerala stands as the most literate state in India, boasting a literacy rate of 93.91%, while
Bihar ranks as the least literate state with a literacy rate of 63.82%.

1
UN Department of Economic and Social Affairs, Sustainable Development Goals, 2015
2
ibid
The 75th edition of the National Sample Survey (NSS) carried out by the National Statistical Office
(NSO) compiled the following information concerning education among individuals aged 3 to 35
years in India:

The literacy rate for individuals aged 7 years and older stood at 77.7%. Approximately 10.6% of
individuals aged 15 years and older in India had attained a graduate-level education or higher. The
primary reason for not currently participating in education among females was their involvement
in domestic activities, while for males, it was their engagement in economic activities. For both
males and females, the primary reason for never enrolling in any educational institution was a lack
of interest in education.

Important Statutory Measures Related to Education

Education as a subject comes in Entry 25 under List III i.e., Concurrent List, under Seventh
Schedule of the Constitution3.

Article 21A of the Constitution of India ensures free and compulsory education to all children in
the age group of six to fourteen years as a Fundamental Right.

The National Education policies of 1968 and 1986 in India acknowledged education as a
fundamental requirement for growth, emphasizing three crucial concerns: equity, access, and
quality. This current policy effectively tackles the unresolved matters from the National Policy on
Education of 1986, as amended in 1992.

The enactment of the Right of Children to Free and Compulsory Education Act in 2009, which
laid the legislative groundwork for achieving universal basic education, represented a significant
advancement compared to the 1986/92 policy.

Right of Children to Free and Compulsory Education Act, 2009 is the enforcing legislation to
ensure free and compulsory education as envisaged in Article 21A.

Over the past two decades, the field of education has witnessed significant transformations, marked
by the emergence of novel concepts like:

3
Constitution of India, 1950
A perspective that emphasizes the rights of students in elementary education and their entitlements.

A change in focus from literacy and fundamental education to secondary, higher, technical, and
vocational education.

The effort to expand the universalization of primary education to include secondary education and
reform higher education.

Statistics of Higher Education in India

As per All India Survey of Higher Education (AISHE)4 for the year 2018-19:

Overall Enrolment Rate: The GER in higher education in India showed a slight increase, going
from 25.8% to 26.3% , with men accounting for 26.3% and women 26.4%. However, this is below
the global average of 33%, and lower than other similar economies like Brazil (46%), Russia
(78%), and China (30%). Korea, on the other hand, boasts a much higher GER in higher education,
exceeding 93%.

Regarding the number of Higher Education Institutions, the count of universities has risen from
903 in 2017-18 to 993 in 2018-19, indicating an increase in the overall number of higher
educational institutions.

In the past five years, there has been a roughly 25% increase in the count of university-level
establishments and a 13% increase in the number of colleges. The private sector played a
significant role in this growth, overseeing around 37% of universities, 78% of colleges, and 76%
of standalone institutions in the year 2016-17.

Narrowing gender gap: Nearly 36% of students enrolled in higher education are male & 48.64%
are female, indicating

Social disadvantaged groups: Enrollment figures for SC (Scheduled Caste) and ST (Scheduled
Tribe) students stand at 14.89% and 5.53%, respectively. In the case of minority communities,
5.23% of students are from the Muslim category, while 2.32% represent other minority groups.

4
Ministry of Education, Government of India, All India Survey of Higher Education
Regional Disparities: The density of colleges, which is the number of colleges per one hundred
thousand eligible population, ranges from 7 in Bihar to 59 in Telangana, with the national average
being 28. Additionally, many prestigious universities and colleges are concentrated in metropolitan
and urban areas, contributing to regional disparities in higher education access. The Gross
Enrolment Ratio (GER) varies from 5.5% in Daman & Diu to 56.1% in Chandigarh.

Pupil Teacher Ratio (PTR): The Pupil Teacher Ratio (PTR) in Universities and Colleges stands
at 29 when considering enrollment in the regular mode.

Moreover, ensuring quality in higher education remains a significant up task in India. Only a
limited number of Indian institutions are included in the top 200 rankings globally. In contrast,
China boasts seven universities within the top 150 (including three in the top 50) according to the
Quacquarelli Symonds (QS) world rankings. These rankings did place three Indian Institutes of
Technology (IITs) and the Indian Institute of Science (IISc) among the top 20 universities in the
BRICS nations.

Another concern revolves around the employment of students. A mere 2.5% of colleges provide
Ph.D. programs, while 34.9% of colleges offer programs at the postgraduate level.

The number of international students studying in the country has shown growth, rising from 34,774
in 2012-13 to 47,575 in 2019-20, with a more significant increase in male foreign students
compared to their female counterparts.

Administrative Institutions for HEI Regulation:

Since decades, there has been an excessive amount of regulation of higher education, with little to
show for it. The regulatory system's mechanistic and disempowering nature has been riddled with
very basic issues, such as significant power concentrations within a few number of authorities,
conflicts of interest among these bodies, and a concomitant lack of accountability.

To re-energize and enable the higher education industry to grow, the regulatory system needs to be
completely overhauled. Effective administrative institutions for regulation and oversight are
required for the NEP's higher education reforms to be implemented successfully. To oversee HEIs
under the NEP, a number of administrative entities and processes have been suggested:
“Higher Education Commission of India (HECI)”: The University Grants Commission (UGC)
will be replaced by the Higher Education Commission of India (HECI), which will serve as the
leading regulatory authority for higher education. It will put a strong emphasis on encouraging
quality, making accreditation easier, and making sure that academic standards are upheld.

The highest authority in charge of higher education regulation is HECI. Setting and upholding
academic standards, advancing high standards in education, facilitating accreditation, and
guaranteeing regulatory compliance are some of its core duties. Additionally, HECI is essential in
allowing institutions more freedom while maintaining responsibility and openness.

“The National Higher Education Regulatory Council (NHERC)”: It is in charge of overseeing

all aspects of higher education, including teacher preparation and career education. It will enable
a smooth transition to the new system and establish a single regulatory framework.

The main responsibility of NHERC is to provide a thorough regulatory system for institutions of
higher learning. Its primary goals include streamlining governing frameworks, resolving conflicts,
and facilitating a smooth transition to the new educational system. The actions of NHERC are
essential for coordinating laws on a national scale.

“National Accreditation Council (NAC)”: Using predefined quality norms, the NAC will
accredit institutions. For HEIs, accreditation will be a key factor that affects finance and autonomy.

NAC is entrusted with inspecting and accrediting HEIs in accordance with predetermined
standards of excellence. Determining funding allocation and institutional autonomy depends on
accreditation by NAC. To improve the quality of their instruction and infrastructure, HEIs work to
satisfy NAC requirements, which benefits both students and stakeholders.

The National Research Foundation (NRF): It would encourage and finance research initiatives
in HEIs with the goal of boosting both the volume and calibre of research output. Additionally, it
will encourage cross-disciplinary cooperation and research.

In HEIs, NRF plays a crucial role in advancing research and innovation. Its duties include helping
researchers, encouraging multidisciplinary cooperation, and sponsoring research projects. The
National Research Foundation (NRF) strives to improve India's research environment and
stimulate innovation for the country's development by promoting high-quality research output and
knowledge production.

State-Level Regulatory Authorities: While the HECI will be responsible for overseeing higher
education on a national level, state-level regulatory authorities will play a part in controlling HEIs
within their own states and establishing a balance between national and regional interests.

In their respective states, these organizations are in charge of governing higher education. Their
responsibilities include supervising the creation and operation of colleges and universities,
guaranteeing adherence to state-specific laws and regulations, and advancing educational
excellence. In order to achieve a balance between national and regional interests, state-level
authorities also play a crucial role in working with national regulatory organizations like the HECI
and NHERC. This coordination ultimately aids in the expansion and development of higher
education at the state level.

Challenges in the realm of Higher Education

 The administration of the Indian education system grapples with issues such as excessive
centralization, bureaucratic frameworks, and deficiencies in accountability, transparency,
and professionalism. Innovation and progressive change are hampered by outdated and
numerous regulatory mechanisms.
 An obsolete curriculum leads to a misalignment between education and the demands of the
job market, stifles students' creativity, It hinders the cultivation of their analytical skills.
The education system is marred by rote learning, a deficiency in employability, and the
absence of skill development.
 A study conducted in 2016, which evaluated 150,000 engineering students, revealed that
just 18% of these engineers possessed the necessary employability skills for functional
roles in the software service firms.
 A disparity exists between the courses offered at universities and the industry's needs,
leading to the graduation of students who lack the qualifications required by employers,
rendering them unemployable.
 The mechanisms for ensuring quality or accreditation are insufficient. Even prestigious
institutions like IISc, IITs, and IIMs receive low rankings on a global scale.
  There is a lack of a policy framework that facilitates the involvement of foreign universities
in higher education.
 There is no comprehensive funding organization to support and incentivize research and
innovation.
 Moreover, due to the growing number of affiliated colleges and students, universities are
grappling with an increased administrative workload, which is diverting attention away
from their core academic and research missions.
 There exists a gap between the educational and research aspects, with research primarily
concentrated within specialized research institutes under various government departments.
This situation restricts universities to predominantly assume a teaching function.
 There is a considerable number of unfilled faculty positions, such as in central universities
where approximately 33 percent of teaching positions were vacant as of March 2018.
Additionally, faculty training is insufficient.
 The deficiency of faculty and the state educational system's struggle to draw in and retain
highly qualified teachers have been presenting obstacles to providing quality education for
a considerable period. The lack of faculty results in hasty expansion, even in prestigious
institutions.
 A significant number of NET/PhD qualified individuals are jobless, despite numerous
openings in higher education. There are insufficient systems in place for merit-based career
planning and advancement for faculty members and institutional leaders.
 A rigid division of academic disciplines, characterized by early specialization and the
channeling of students into narrow fields of study.
 Restricted availability, especially in socioeconomically disadvantaged regions, where there
are only a few Higher Education Institutions (HEIs) offering education in local languages.
 Additional concerns encompass the insufficiency of public funding in the sector, restricted
teacher and institutional independence, and an ineffective regulatory framework, among
others.

New Education Policy

The growth of each person's creative potential is a focus of the education policy. This is supported
by the concept that education should promote the cultivation of not just cognitive skills, which
encompass fundamental skills like reading and math, as well as advanced skills such as critical
thinking and problem-solving, but also social, moral, and emotional skills and attitudes.

The immense collection of traditional and timeless Indian knowledge and thought serves as the
foundation for this policy. The country's rich diversity and culture, as well as local and international
needs, must be recognized and acknowledged while merging these elements. It is deemed crucial
to teach India's young people about the country's varied social, cultural, and technological needs
as well as its distinctive artistic, linguistic, and intellectual traditions through our educational
system in order to foster a sense of pride in one's country, self-assurance, self-awareness,
cooperation, and integration. Education is the foundation of development, the engine of
transformation, and the spark for a better future. By announcing the New Education Policy (NEP)
in 2020, the Government of India began a transformative journey after realizing its significant
significance. This forward-thinking policy, which aims to restructure and modernize the nation's
educational system to meet the opportunities and challenges of the 21st century, represents a
turning point in India's educational landscape. For many years, India's educational system has been
gradually altering to meet the demands of the times. The NEP, on the other hand, is a thorough and
ambitious makeover intended to address different issues and realize the full potential of the youth
of the country. This introductory overview offers details on the fundamental ideas, goals, and
essential elements of the New Education Policy, which will influence India's educational system
for some time.

The NEP is built on the foundation of inclusivity, quality, and innovation. It strives to bridge the
existing divides in the educational sector, ensuring that every child in the country, regardless of
their background or location, has access to a holistic and high-quality education. It promotes
flexibility, autonomy, and a learner-centric approach, recognizing that no two students are alike,
and their educational journeys should reflect this diversity.

One of the pivotal shifts brought about by the NEP is the restructuring of the education system,
replacing the traditional 10+2 structure with a more flexible and contemporary 5+3+3+4 model,
encompassing early childhood care and education. This restructuring aims to lay a strong
foundation for children's development from an early age, nurturing their cognitive, emotional, and
social skills. Furthermore, the policy places a renewed emphasis on multidisciplinary and holistic
education, breaking down artificial barriers between academic streams and promoting creativity,
critical thinking, and problem-solving skills. It introduces innovative pedagogical approaches and
assessments that focus on a deeper understanding of subjects rather than rote memorization.

The NEP also envisions a higher education ecosystem that is globally competitive, research-
oriented, and attuned to the evolving demands of the job market. It encourages the establishment
of world-class institutions, fosters research and innovation, and emphasizes the importance of
vocational education to equip students with practical skills.

This introductory overview merely scratches the surface of the transformative potential of the New
Education Policy of India. In subsequent sections, we delve deeper into its core principles,
exploring the changes it seeks to bring about, and the challenges and opportunities it presents on
the path to a brighter, more inclusive, and knowledge-driven India.

Higher Education and the New Education Policy:

The NEP, attempts to deal with these issues and implement radical changes in higher education in
India. It addresses several significant goals and changes for higher education, such as:

Holistic Learning and Skill Development: In order to support holistic learning and skill
development, the NEP encourages a multidisciplinary approach in higher education by letting
students select courses from different fields.

Enhancing Quality: To guarantee educational quality and institution certification, Quality

Assurance Agencies (QAAs) will be established. This action will motivate HEIs to enhance their
facilities, teaching, and research.

Accountability and Institutional Autonomy: The NEP places a strong emphasis on making
higher education institutions (HEIs) accountable for their performance. It supports universities in
hiring teachers, developing their own courses, and handling their own finances.

Also, The National Research Foundation (NRF), which was established to advance research
financing and culture, has placed a major emphasis on research and innovation.

Globalization: The NEP promotes internationalization by enabling foreign universities to open

campuses in India and encouraging teacher and student mobility within India.
Reforms on different Fronts of Higher Education

1. Institutional Consolidation- The plan is to streamline all higher education institutions into
three distinct categories:
Research Universities - These institutions prioritize both research and teaching equally.
Teaching Universities - These universities primarily emphasize teaching, while also
allocating a significant portion of their resources to research.
Autonomous degree-granting colleges - These colleges primarily focus on teaching, with
a strong emphasis on this aspect.
The process of affiliating colleges will be gradually eliminated within a 15-year timeframe,
and a systematic approach will be implemented to grant colleges graded autonomy in
stages.
The vision is that, with time, each college will evolve into either an Autonomous degree-
granting College or a constituent college.
By the year 2040, the objective is for all higher education institutions (HEIs) to strive
toward becoming multidisciplinary establishments.
By 2030, the goal is to have at least one substantial multidisciplinary university or higher
education institution (HEI) located in or near every district. The objective is to boost the
Gross Enrolment Ratio in vocational education in higher education from 26.3% (as of
2018) to 50% by 2035.
2. Overall Multidisciplinary Education
The policy envisions undergraduate education that offers adaptable curricula, creative
subject combinations, the integration of vocational education, and the availability of
multiple entry and exit points, each accompanied by suitable certifications.
An Academic Bank of Credit will be set up to digitally store academic credits obtained
from various Higher Education Institutions (HEIs), enabling these credits to be transferred
and counted toward the final degree earned.
Multidisciplinary Education and Research Universities (MERUS to be set up as models
of best multidisciplinary IITS, IIMs global standards.
The establishment of the National Research Foundation will be aimed at nurturing a robust
research culture and enhancing research capabilities throughout the apex body for higher
education.
 3. Regulation- Regulation - The Higher Education Commission of India (HECI) will be
established as a unified and comprehensive governing body for the entire higher education
sector, except for medical and legal education. Both public and private higher education
institutions will adhere to the same set of regulations.
4. Internationalisation of Higher Educational Institutions- Curricula with global
significance, valuable chances for social involvement, high-quality housing facilities, and
on-site assistance, among other things. Each higher education institution (HEI) that
welcomes foreign students will have an International Student Office in place to provide
assistance to incoming international students. Highly ranked Indian universities will
receive encouragement to establish branches in foreign countries, while selected
universities, such as those within the top 100 globally, will be given the opportunity to
operate within India. The encouragement of research partnerships and student interchange
between Indian institutions and international ones will be emphasized. Moreover, the
recognition of credits obtained at foreign universities, in accordance with individual HEI
criteria, will be allowed for degree attainment where applicable.
5. Quality Universities and Colleges: A New and Forward-looking Vision for India’s
Higher Education System5 :
The development of India into the democratic, just, socially conscious, cultured, and
compassionate nation preserving liberty, equality, fraternity, and justice for all that is
envisioned in its Constitution depends greatly on higher education. The nation's economy
and ability to sustain livelihoods are both greatly aided by higher education. More and more
young Indians are likely to aspire to higher education as India develops into a knowledge
economy and culture.
Quality higher education must work to create good, thoughtful, all-around, and creative
people in light of the demands of the twenty-first century. It must allow someone to study
one or more specialized fields of interest in-depth while also fostering character
development, ethical and constitutional values, intellectual curiosity, a scientific
temperament, creativity, a spirit of service, and 21st century skills in a variety of academic
fields, including the humanities, social sciences, arts, and languages as well as professional,

5
Ministry of Human Resource Development, Government of India, National Education Policy 2020: Report of the
Committee for Draft National Education Policy (2019) Report No. 215/2019 24-31.
 technical, and vocational subjects. A top-notch higher education must promote personal
growth and enlightenment, responsible civic involvement, and beneficial societal
contribution. It must promote economic independence while preparing students for more
fulfilling and meaningful personal and professional life. It is crucial that a specific set of
values and abilities be infused at every learning stage, from preschool to higher education,
in order to build whole individuals.
Higher education must serve as the foundation for knowledge creation and innovation,
which in turn contributes to a thriving national economy, in order to enable the
development of a nation that is enlightened, socially conscious, knowledgeable, and skilled
and capable of developing and implementing effective solutions to its own problems.
Therefore, the goal of quality higher education goes beyond the development of more
employment prospects for the individual. It stands for the secret to more energetic, socially
active, cooperative communities and a contented, unified, cultured, creative, innovative,
forward-thinking, and prosperous country.6

Suggested Reforms to Further Improve Higher Education in India

1. Reforms in regulations and governance.

 "Guarantee efficient collaboration among various higher education oversight
bodies, including the UGC and the All-India Council for Technical Education."
 Revise or consolidate higher education regulatory bodies like AICTE and NCTE as
necessary, ensuring their effective coordination. Modify the UGC Act to establish
a legal foundation for the hierarchical regulatory framework.
 Establish a structure that enables internationally renowned foreign universities to
operate within India through partnerships with Indian institutions, facilitating the
provision of joint degree programs."
 Guarantee transparency and objectivity in the appointment process for university
Vice Chancellors. Introduce a system where a portion of grants is tied to
performance and educational quality.
2. Curriculum Design

6
Sharma, S., 'Impact of the National Education Policy 2020 on Higher Education Institutions in India' (2021) 35(2)
Indian Journal of Education 145-163.
  Invite subject matter specialists in various academic disciplines to create a
foundational minimum curriculum standard, which will function as a reference
point for both undergraduate and postgraduate institutions.
 Institutions should be granted the autonomy to innovate and extend their curriculum
beyond the fundamental minimum standard.
 Higher education institutions must regularly enhance their curriculum and teaching
methods by incorporating obligatory input from subject experts, faculty, students,
industry professionals, and alumni
 Offer a wide range of post-secondary career opportunities by seamlessly integrating
skills and vocational training with higher education and the skilling initiative.
 Promote and possibly require internships for students enrolled in undergraduate
programs, especially in professional and technical fields, to enhance their practical
experience and orientation.
3. Reforming Accreditation Framework
 All higher education institutions should undergo mandatory and routine
accreditation assessments. Despite a rise in accreditation rates over the past five
years, there is still an insufficient level of accreditation coverage An approach to
address this discrepancy is to enable reputable accreditation bodies, selected
through a transparent and rigorous process, to grant accreditation. Accreditation
should assign sufficient importance to outcomes rather than focusing solely on
inputs.
 Institutional public information materials and websites should prominently feature
the accreditation status and rating.
4. Financial support and rewards tied to performance
 Out of 47 central universities, only two have NAAC scores exceeding 3.51, inspite
receiving substantial funding. It is advisable to conduct an assessment to
comprehend the obstacles encountered by these central universities. Allocations to
these institutions should be tied to their performance and results, with oversight
from both the Ministry of Human Resource Development and the newly formed
Higher Education Funding Agency.
  Many other countries have seen significant advancements in science and
technology innovation driven by a system of public funding specifically dedicated
to research in areas of public importance. India should establish a comparable
system, allocating funding to individual scholars in order to offer a high degree of
flexibility and ensure accountability for their outcomes.
 Another approach that should be embraced involves implementing a 'prize' system,
where funding is awarded to research and innovation groups that successfully
provide solutions for well-defined problems. In the future, this system can be
harnessed to stimulate innovation and research, address urgent issues, and establish
a mechanism for competition and ensuring quality.

5. Crafting Resources for Educators

 Establish strict guidelines for hiring faculty members in universities and colleges.
Implement a thorough and transparent procedure for selecting top-notch talent in
the field of higher education. We should establish an environment in which the most
qualified individuals are recruited and retained. This entails implementing stringent
eligibility criteria, such as requiring candidates to have successfully completed the
recognized UGC NET exam, at a minimum, to ensure the recruitment of individuals
with strong academic and/or research capabilities.
 Across various fields, there is a shortage of instructors with high-quality teaching
abilities. It may be beneficial to introduce a nationwide program aimed at attracting
educators of Indian heritage.
 Facilitate and promote the hiring of seasoned professionals with exceptional
industry experience as faculty members. This can be accomplished by establishing
an alternative pathway, where the mandatory Ph.D. requirement for faculty
positions may be eased. We should also motivate these industry professionals to
take on roles as adjunct faculty members in higher education institutions.
 Implement a pre-service faculty training program lasting 3-6 months, which
includes exposing faculty members to the most recent tools and techniques for
delivering high-quality teaching and conducting research.
 Establish and enforce an ongoing faculty training and development program as a
mandatory requirement.
 Create a flexible outcome-oriented teachers’ assessment system for higher
education institutions that can adapt to various categories of institutions.
 Regularly perform quality assessments of journals, particularly those utilized for
assessing faculty based on academic performance indicators (APIs).