white black legal international law journal ISSN: 2581-8503

Peer-Reviewed Journal | Indexed at Manupatra, HeinOnline, Google Scholar & ROAD









Education Is one of the most important and basic human right in all over the world education is the tool to the success of equality and democracy of any country education creates awareness among people to enlighten their ideas and thoughts process for fixing for the betterment of the society education serve as a comprehensive tool in spite of having right in that manipulation as a fundamental life in India still most of the population is illiterate due to poverty people cannot fulfill their receiving the mental right education and right daughter tries to examine this actor related to nutrition policy rabies how this change relational factor of India the paper will be focusing on the new policy 2020 .there have been many changes in the Indian academic system from school to college. The board of the union approved a new national education policy that reflects all the changes. This recently approved plan speaks of major transformative reforms in India’s academic sector, which many appreciate. Along with the recognition, there is also criticism aimed at the disadvantages of this new education policy.


Keywords: Education, Policy, Government, Constitution, Children ,Right to Education.



Education is certainly a basic right that is necessary for the empowerment of a person and the advancement of the whole society. India has the  highest percentage of illiterates in the world. Although the government claims that the literacy rate of our country is rapidly increasing, a large proportion of the people who are  listed as legally literate are not actually literate. The right to education is a basic human right of every citizen of India, whether born in an advanced civilization or  a remote, underdeveloped city The Constitution (86th Amendment) Act, 2002 added Article 21-A to the Constitution of India which provides free and compulsory education to all children between the ages of 6 and 14 as a fundamental right in such  manner as the State may provide by law. . The  Children to Free and Compulsory Education (RTE) Act, 2009, which is a single piece of legislation  under Article 21-A, means that every child has the right to a satisfactory and consistent full-time primary education in a formal school. . which meets certain important norms and standards. Some of the basic principles that guide us are – education must be free, at least at the elementary and primary levels; basic education must be compulsory; Technical and vocational education must be universally available, and higher education must be equally accessible to all on the basis of merit. Education should be aimed at the full development of a person’s personality and  strengthening of respect for human rights and fundamental freedoms. Parents have the right to choose the  education offered to their children.Many years later, many countries are far from this  goal. Representatives of various countries met again in Dakar, Senegal and reaffirmed their commitment to education for all by  2015. They identified six key education goals aimed at meeting the learning needs of all children, youth and adults by 2015.


 The goals of education are essentially contained in Sustainable Development Goal 4 (SDG 4) of the 2030 Agenda, which aims to “ensure inclusive and equitable quality education by 2030 and promote  opportunities for lifelong learning”. The Education 2030 Framework for Action, adopted in November 2015, provides guidance to governments and partners on how to turn commitments into action. UNESCO is responsible for coordinating the international community to achieve this goal through partnerships, political leadership, capacity building, monitoring and advocacy.



 The right to education is recognized in international law based on Article 26 of the Universal Declaration of Human Rights and Articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights. More than 135 countries have a constitutional clause requiring free and non-discriminatory education for all citizens. In 1950, India adopted a constitutional provision guaranteeing free and compulsory education to all children under 14 years of age. This was achieved by including the provision of free and compulsory education in Article 45 of the Directive Principle of State Policy. The right to education was added as a fundamental right to Part III of the Constitution on December 12, 2002 by the 86th Amendment to the Constitution. .The Law on Children's Right  to Education and Compulsory Schooling was approved, which came into effect in 2009 and finally came into effect on April 1, 2010. The law provides free and compulsory education for all children between the ages of 6 and 14. The government is now required by law to provide free and compulsory education for all children between the ages of 6 and 14 and to maintain basic standards in primary schools. It also prevents the operation of unrecognized schools  and prohibits all fees or school fees and interviews [1]for the admission of a child or parent. In addition, the law prohibits the school from expelling or detaining students. The law also includes provisions for further education for schoolchildren to introduce them  to  other students of their age.



1.Whether the New education policy will have the positive approach or not?

2.whether the New education policy will have the loopholes or not?


Question - Whether the New education policy will have the positive approach or not?

In recent times, there have been many changes in the Indian academic system from school to college. The board of the union approved a new national education policy that reflects all the changes. This recently approved plan speaks of major transformative reforms in India’s academic sector, which many appreciate. Along with the recognition, there is also criticism aimed at the disadvantages of this new education policy basically this New Education Policy focuses on higher education. Similarly, NEP brought many reforms and new developments in the higher education sector. There are some important things that can have a positive impact in this area.

  • One higher education regulatory body:

The purpose of the NEP is to establish the Higher Education Commission of India as the sole regulatory body apart from law and medical education.

Multiple entry and exit programs:

There are several entry and exit options for those who want to leave the road in the middle. Their studies are transferred through the Academic Credit Bank.


  • A technical alternative for adult learning through apps and TV channels:

High-quality technology-based options such as programs, online courses/modules, satellite TV channels, online books, as well as ICT-equipped libraries and adult education centers etc. are developed for adult learning.


  • E-courses are available in regional languages

Technology will be part of educational planning, teaching, learning, assessment, training of teachers, schools and students. The web content is available in regional languages ​​from eight of the most popular languages ​​– Kannada, Odia and Bengali among others, so you can join online courses in Hindi and English. P

  • Foreign universities setting up campuses in India:

The operations of the world’s top 100 foreign universities will be made easier in India by a new law. According to the HRD Ministry document, such (foreign) universities are given special exemption in terms of regulatory, governance and content standards with other autonomous institutions.

Whether you want to study in these universities in your home country or abroad, remember that an education loan in India can help you finance your higher education yourself.


  • Common entrance exam for all universities:

A common entrance exam for all universities organized by the National Testing Agency (NTA). The exam is optional. It is expected that the national education policy will bring positive and long-lasting effects to the country’s higher education system. Allowing foreign universities to open campuses in India is a commendable initiative by the government. It helps students experience the global quality of their country’s education. The policy of introducing multidisciplinary institutions brings a new focus in all fields such as arts, humanities and this form of education helps students to learn and grow holistically. In this way, students get stronger knowledge.


The introduction of one common entrance exam Is another positive step that will reduce the stress of multiple competitive exams and make it easier to prepare for so many exams. It  also guarantees equal working conditions for all student applicants in the future. Creating an Academic Credit Bank  (ABC) is definitely a good idea to store the academic credits that students earn by completing courses in various recognized colleges. By completing the course, the student can collect points and they are transferred to the ABC account. Those credits can then be transferred if he decides to change college Next steps


The new NEP focuses on increasing the gross rate of higher education students, which is currently around 26%. It is much less than other countries such as China, Brazil and North American countries. Government of India needs to introduce stronger policies to develop education infrastructure. It must promote Foreign Direct Investment (FDI) and pave the way for External Trade Credit (ECL) to strengthen the capital stock of the sector. As  Finance Minister Nirmala Sitharaman in her 2021-2022 rightly pointed out in the 2018 budget speech, the country needs more financial resources to attract talented teachers, build better infrastructure and formalize means to obtain ECB and foreign direct investments.

Following the pros and cons of ARE New Education Policy 2020



  • The government aims to make school education accessible to all through the NEP 2020 programme. About two million school children will be able to return to educational institutions through this new approach.
  • According to the National Education Policy 2020, the structure 5 3 3 4 replaces the existing structure 10 2. This structure focuses on the developmental academic years of the student. This 5 3 3 4 structure corresponds to age groups 3-8, 8-11, 11-14 and 14-18. 12 years of schooling, 3 years if Anganwadi and preschool are part of this structure.
  • NCERT designs and develops national curricula and pedagogical frameworks for early care and education of children under 8 years of age.
  • According to the National Education Policy 2020, the Ministry of Education  is establishing a national literacy and numeracy mission. States in India are responsible for successful implementation to achieve a foundation of numeracy [2]and literacy for all students up to third grade. This implementation is planned for 2025. 
  • One of the benefits of NEP 2020 is to formulate a national book promotion policy in India.
  • The relevant authorities  conduct  school examinations for 3rd, 5th and 8th grade. The 10th and 12th class board exams  will continue, but  NEP 2020 aims to completely transform the structure.
  • The government approves the Parakha National Education PoPolic9. Special Day Boarding School “Bal Bhavans” will be established in every State/District of India. This boarding school is used to participate in activities related to play, career, art. 
  • According to the national education policy 2020, the Academic Credit Bank  will be established. Credits earned by  students can be saved and counted after graduation.
  • According to the National Education Policy 2020, multidisciplinary educational and research universities at  the level of IITs and IIMs will be established in the country. They are created to present a multidisciplinary scholar.
  • For making the students prepared for future pandemic situations, online academic will be promoted on a larger scale.






  • In the National Education Policy 2020, language is a negative factor as there is a problematic teacher to student ratio in India, thus introducing mother languages for each subject in academic institutes is a problem. Sometimes, finding a competent teacher becomes a problem and now another challenge comes with the introduction of the NEP 2020, which is bringing study material in mother languages.
  • According to the national education policy 2020, students willing to complete their graduation have to study for four years while one can easily complete his/ her diploma degree in two years. This might encourage the pupil to leave the course midway.
  • According to the National Education Policy 2020, students in private schools are introduced to English at a much earlier age than  students in government schools. The academic curriculum is taught in the respective regional languages of public school students. This is one of the biggest disadvantages of the new education policy, because it increases the number of students who do not bother to communicate in English, thus widening the gap between different social classes.



 The new education policy in 2020 has come after 30 years and aims to change the current academic system in India to match the international standard of academics. Government of India plans to create NEP by 2040. Until the target year, the main point of the plan is to implement it one by one. The  NEP 2020 reform proposal will be implemented with the cooperation of the central and state governments. The Government of India will form issue-based committees  with both central and state-level ministries to discuss the implementation strategy.


Question - Whether the New education policy will have the loopholes or not?

The new National Education Policy (NEP) 2020 document is very comprehensive. A true and accurate critique would be a long documentary in itself.


Inadequately qualified staff and pressure on Anganwadi to promote early education

In India, not all children under the age of six attend private play-her schools. Due to socio-economic conditions and accessibility, most children in this age group attend Anganwadi across the country. However, what NEP proposes is to introduce early childhood care and education by Anganwadi by training workers. These workers are already tasked with running the facility and providing lunch for the children, all for salaries of just a few thousand dollars. These Anganwadi workers are now under pressure to become all-rounders to the new task of providing early childhood education.[3]


Privatizing higher education to produce more

college dropouts.

NEP 2020 sets a target to increase public investment in the education sector as early as his 6% of Gross Domestic Product (GDP). A closer look reveals that it stagnated at 2.8% of GDP in 2015-2017, rose to 3.1% of GDP in 2018/19 and remained there. HECI (Indian Higher Education Council) opens the door to privatization of public education. As a result, universities have no choice but to raise tuition fees or borrow through HECI. When talking about 6% spending on education, he is talking about government subsidies, not the 6% loans offered by HECI. Privatization of education and multiple exit points will lead to more early leavers, the exact opposite of what the government claims.  


Sex education:

After proposing so many changes to the existing system, the NEP missed a golden opportunity and made no mention of including sex education in schools. With sexual violence on the rise and rape rates skyrocketing, it is definitely time to include sex education in schools. They are hesitant to teach sex, fear it would be a moral humiliation, and even believe they can teach sex. On the contrary, these are some of the areas covered by sex education – gender identity, sexual susceptibility, contraception, sexually transmitted diseases, sexual issues, healthy methods of sexual expression, consent and awareness of sexual abuse. Even if this is part of the policy, it can be implemented on the ground. If teachers themselves are not properly trained in this aspect of how to deal with these classes and the social stigma that accompanies it, it is the government’s responsibility to train teachers solely to facilitate this. 


For India to become a vibrant educational hub, steps must be taken forward, not backward. We have to compare our educational boards with international boards. The rest of the people must be promoted. But we do the opposite. I hope that all the wonderful stories spun in the education policy and framework will come true and I hope that we will soon realize that we need proper implementation, teacher training and RTI to ensure proper utilization of resources. Emotional commitment to national progress can be fatal because logic and practicality are completely ignored.


Learning in mother tongue.

With the knowledge and experience of both education and linguistics,  I will point out the shortcomings in the main points of the NEP 2020 here.Use of home language, mother tongue or regional language up to 5th grade. The Maithili department of my college in Patna had only one teacher and two students from 2003 to 2006. One BA (Hons) text was probably written by a retired professor from the same college. There is not enough vernacular literature. Creating all this in two months, training teachers in this language is an almost impossible task, considering the already existing knowledge about the importance of education in India (which is the tertiary sector). I am currently teaching in a school in Uttarakhand and have no Pahad knowledge. So will someone be appointed to teach me this? What about students from far away? I have students in Punjabi, Bihar, Tamil and many other languages ​​in my classes.Who will tend to their mother tongues? Is this not widening the diversities? Diglossia is a condition where two languages can be easily used — one at home and one in the official settings. India is under that situation since the British Raj. Under no circumstances are we running the risk of making English the national language. It will only remain the link language and perhaps the official language, unlike America. Using the mother tongue also means a lot of translation. And it also directly means wastage of the books available in Hindi and English. If  students communicate in their mother tongue until 5th grade, do we start with the basics of English in 6th grade? Language development involves listening, speaking, reading and writing – in short, surround yourself completely with language. The base of  link languages ​​is very weak as Hindi is used to connect even people from north eastern states, southern states and others who anyway don’t know Hindi  and are likely to revert to English  for almost every clerical job, legality and work. . official communication. English will be optional  from 6th grade onwards. This would indeed lead to greater communication barriers.However, reputed schools do not abandon English and the gap between influential and weaker sections would be wider. Many households depend on schooling to learn the international language, English. Imagine the deterioration we are witnessing.


Mainstreaming of Sanskrit language

We can proudly say that Sanskrit is called the mother of all languages. But all the literature we have about it is old. Can you imagine how long it will take to update it for today’s needs? Do you know the Hindi equivalent used for the word “hospital”? It is a “hospital”. This is called “borrowing” in linguistic terminology. If a certain concept is not available in a certain language, the relevant term or word is directly borrowed from the native language. Countless borrowings occur in Sanskrit, which eventually erase the essence of the language. Again, new literature needs to be developed. What about teacher training and  as many teachers as possible teaching it as a common language? Sanskrit is the ancient language of the Hindu religion. Most of the literature  in Sanskrit is religious. The purpose is to teach Hindu religious texts among different religions? Education is the right of every Indian. It is an umbrella under which every person should feel safe and identify with the ruling system. India is a secular country. Unlike English and Hindi, Sanskrit is a scientific language with tables and inflections. I doubt  everyone can learn it. It is a classical language. Even  Buddha preached in Pali to  reach  the masses. English is not only an international language because of colonization, but also because of its ability to incorporate the changes  it has undergone since 450 AD. It grows in different soils around the world and we no longer monkey around with BRPs (British Received Pronunciations). Instead, we proudly use  GIE (General Indian English) as we have several English speakers in the global scenario.


English optional up to 8th grade

There is no need to over emphasize the need for the English language in the global scenario. Granted, that was all because of colonization, but even the Chinese spend a lot of money, resources and manpower to learn the language. We have at least one advantage against them and we will sacrifice that too.Language acquisition occurs at an early age, and even if  formal education takes place in the mother tongue, how can one be sure that it is the language of choice? If we say goodbye to English, I hope the government will understand that this means that all official work will also have to be done in the mother tongue in the coming years. What about the constitution? Until then, ministers will have to fight to say yes and no to pass a bill in parliament, which is very clearly copied from the British constitution. For  this level of self-sufficiency, we must first  train  teachers who are the torchbearers of education. A lot of money is needed for teacher training, translation, publishing, etc.


Exams only in 3rd, 5th and 8th grades

Exams are not only a test of a student’s potential, but a test of – acheck and a preparation for education and life. If the foundation is laid thus, the future is definitely under question. Eliminating annual examinations from junior classes is not the solution. A more sensitive approach needs to brought about in parents and teachers to instill this life skill in children.



Board Examinations will become holistic and easier

In addition to the already-suffering syllabus of CBSE and State Boards and lack of competent teachers, this will ensure the standard of education falling further in the country. After Thomas Babington Macaulay and Kapil Sibal’s policies, NEP 2020 will have an equally catastrophic effect on Indian education. There are many other issues that are important from the point of view of the nation’s progress that need logical and practical handling. Population explosion is one such factor. Infrastructure deficiencies and logistical problems must be addressed. Language should not hinder the development of a nation. Needless to say, we have to reach the masses first. Patriotism is loyalty to the welfare and success of one’s people, not blind support for recreating the past. Culture and language is a constantly growing phenomenon. We learn new lessons every day and change our way of thinking based on new experiences and knowledge. Let’s live in the present, prepare for the future and keep good memories of the past. The famous educator John Dewey once said: “If we teach today as we taught yesterday, we are robbing our children of tomorrow.



Education is an important and necessary part of the overall development of every society and country, and to fulfill this requirement, the country is developing a comprehensive national education policy. The new National Education Policy 2020 approved by the Government of India is an important initiative in this direction.


The success of this new education policy depends on how it is implemented. Therefore, it can be said that India has the youngest population and the future of India depends on providing quality educational opportunities to these youth. This policy is an important initiative that will contribute to the overall development of our society and country as a whole. However, the implementation of this policy will largely determine its success. However, with a youth-dominated population in India, a better situation can be achieved with proper implementation of this education policy.


[1] Indian constitution Art 21A

[2] Right of children to free and compulsory education Act 2009,SC

[3] Indian constitution Art 21A children in India,2018:A statistical appraisal social statistical division,Central statistical office ministry of statistics and programme implementations,Govt of India (2018)


Let's Start With Publication